What is a Personal Injury Lawsuit?

You may be entitled to compensation if you have been injured due to the actions or inactions of someone else. To learn more about your legal rights get in touch with a seasoned personal injury lawyer.

A personal injury lawsuit is civil dispute where the plaintiff seeks compensation for their loss. This includes medical bills, lost wages and property damage. The process can last between a few months and several years.

Damages

A personal injury lawsuit is a legal action which is filed to force another individual or entity to compensate you for damages resulting from an accident. The party who suffered the injury is known as the plaintiff and the parties accountable are known as defendants. Personal injury cases can include the wrongful death of a person who dies because of the negligence or wrongful actions of others.

Damages are usually divided into two categories: compensatory and punitive. Compensatory damages include medical bills, pain and suffering compensation, and other out of pocket expenses. Punitive damages, which are not common, are meant to punish the wrongdoer if they have committed extreme crimes.

The first type of damages is usually called "economic damages." This covers all out-of-pocket expenses associated with the accident and injuries. These could include doctor's bills, hospital costs and physical therapy expenses. Some claims may also include additional expenses, such as transportation costs to and from appointments, or modifications to your home to accommodate a permanent disability.

Non-economic damages can also be called "pain and suffer" damages. They are more difficult to quantify and include the mental and emotional stress, suffering and anguish caused by accidents. Based on the severity of your injuries, your lawyer will assist you to determine the value of the damages. This could be based on the ability to carry out the things you were previously able to do or your loss of consortium with family.

Statute of limitations

A legal principle known as the statute of limitation stipulates that anyone injured in an accident must file a lawsuit before a certain date or else their claim will be dismissed. This is done to prevent evidence from being forgotten or lost, and also to stop people from dragging incident-related litigation out for a long time.

The time frame for filing a claim differs from one state another, but the majority of personal injury lawsuits have a time limit of between two and four years. However there are exceptions that can extend the amount of time required for a victim to submit their claim. They should seek legal advice for assistance in to determine if their case falls into one of the exceptions.

The statute of limitations is only applicable to lawsuits that are filed in court. Insurance claims are usually used to resolve injury cases and do not require formal lawsuits. However, it is important to leave yourself plenty of time to file a lawsuit in the event that negotiations do not go as planned or an issue arises that cannot be resolved through the insurance system.

A few circumstances can pause the clock on the statute of limitations however, these situations are extremely rare and need to be analyzed on an individual case-by-case basis. The statute of limitations might not be established until the victim discovers or should have known that the injury resulted from someone else's negligence. In certain states, like New York, it is different for claims made against municipalities.

Complaint

A personal injury lawsuit is a civil action filed by an injured party against the person or entity who caused the injury. The plaintiff claims that the defendant breached their duty of care and the breach caused harm and losses for the plaintiff. The defendant is held responsible for these damages.

The first document filed in a personal injury lawsuit is called the complaint, and it includes specific allegations regarding the incident that led to your injuries. It also lists the damages you are seeking. The complaint also contains the "prayer of relief" which describes what you would like the court to do. Knoxville injury lawyers must be served on the defendant along with a summons which is a notification that they are being sued.

The defendant must respond to the complaint within a set of time limits and either admit or deny all allegations contained in the complaint. The defendant may also file a counterclaim, or add a third party defendant to the case by naming third party defendant.

A successful personal injury lawsuit is built on solid evidence, including medical records and witness testimony. We work closely together with our clients to collect the relevant information and incorporate it in the case. The evidence we gather can also assist us to negotiate with the defense attorneys or insurance companies to obtain the best settlement offer.

Preliminary Conference

In a personal injury case your lawyer must demonstrate that the negligence of the defendant led to your accident. You must also prove that you suffered injuries from your accident, and that the injuries you sustained are worthy of financial compensation.


It can be a lengthy process, but it's at the trial that you will find out if you get the compensation you deserve. In a trial before a jury, your lawyer will argue that the defendant is liable and has to pay for the losses you suffered. The defendant will provide evidence to show that their actions were unrelated to the accident. This will stop them from paying you for your losses.

Before proceeding to trial, you must attend a preliminaries conference. This is usually the first time your case will be subject to deadlines that are set by the Court itself. It is also the time that your attorney will discuss the case with the defense.

Preliminary conferences are usually conducted by a judicial register or a member of the court's staff. All participants must attend the preliminary conference in person unless the case is handled by New York's Differentiated Case Management Rule or the Rules are otherwise exempted. However, if a party cannot attend in person, they can take part via phone or online with the approval of the convenor. If your case is going to be part of the Differentiated Case Management program, an initial conference can be a chance to determine whether your case falls under one of the three categories that are expedited, standard, or complex.

Bill of Particulars

After the summons and complaint have been filed, the defendants named in the lawsuit will be given twenty to thirty days (although this time frame may be extended by the court). After the Answer is filed, the case enters what is called the discovery phase. During this stage the parties exchange information via written demands for discovery and depositions.

The plaintiff's lawyer prepares the Bill of Particulars at the end of discovery. This document outlines the legal claims being made and the relief sought, usually an award of money damages. The Bill of Particulars is meant to inform the defendant of the specific legal claims being made, so that they can prepare for trial.

Before a Bill of Particulars can be followed, it must be reviewed by the court. In general, courts will only abide by a Bill of Particulars that is not vague or broad. A Bill of Particulars must only include the specific acts of negligence that are being claimed and not include any new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ), for example was a case where the court concluded that the plaintiff was not negligent. In 1994, the court upheld the motion to strike all references to intentional or willful acts in a medical malpractice case.

Similarly, the court will not allow the introduction of a new doctrine of recovery at an unreasonable late stage in the case. To avoid causing prejudice any late amendment to a Bill of Particulars must be supported by an affidavit, which provides a reasonable explanation for the lateness of this amendment.

Physical Examination

If a defense attorney or insurance company demands that you attend an Independent Medical Examination (IME), your natural first instinct could be to wonder why a doctor who does not know you, your medical history, and the particulars of your injury is required to conduct an examination. However, this type of examination is actually a requirement under Washington law, and it can be helpful to your case.

IMEs are typically conducted by doctors employed by the insurance company of the defendant. They are there to provide an alternative perspective on your injuries. Although they are sometimes described as "independent," these physicians, just like insurance companies have their own agendas and financial motives in reducing the amount of compensation that can be awarded to an injured victim.

If you decide to go through an IME If you decide to undergo an IME, your Orange County personal injury lawyer will ensure that you are fully informed about what to expect and will provide copies of all relevant medical records to the doctor to look over. Your lawyer will also be present at the IME and will ensure that you are examined in a fair manner by ensuring that the questions of the doctor do not diverge from the ones in your medical records. It is important to not play up or down the extent of your injuries with the doctors, since they are trained to recognize the deceit and may make use of this information against you in trial.