What is a Personal Injury Lawsuit?

If you have been injured due to another's actions or inactions, you could be able to recover compensation. To learn more about your legal rights get in touch with a seasoned personal injury lawyer.

A personal injury lawsuit is civil litigation in which the plaintiff seeks compensation for their loss. This can include medical bills as well as lost wages and property damage. The process can run from a few months to several years.

Damages

A personal injury lawsuit is a legal proceeding that is taken to force another person or entity, to pay you for the damages that result from an accident. The party who suffered the injury is known as the plaintiff while the parties responsible are referred to as defendants. Personal injury cases can include cases of wrongful death when someone dies because of the inattention or negligence of others.

Damages are usually divided into two categories: compensatory and punitive. Compensation damages are designed to help the victim get back on track and regain their financial security, which includes out-of-pocket expenses such as medical expenses and compensation for suffering and pain. Punitive damages are not common and are designed to punish the offender for extreme behavior.

The first type of damages is typically known as "economic damages." This is the term used to describe the cost of out-of-pocket expenses incurred due to the accident and injuries. These could include hospital bills, doctor's fees and physical therapy costs. Certain claims could also include additional costs, like the cost of travel to and from appointments or modifications to your home to accommodate a permanent disability.

Non-economic damages are commonly described as "pain and suffering" damages. They are more difficult to quantify and involve the mental and emotional stress, anxiety and suffering that accidents can cause. Your lawyer can help you value these damages based on the extent of your injury. This could be based on your ability to enjoy activities you previously enjoyed or your loss of connection with family members.


Statute of Limitations

A legal requirement known as the statute of limitations obliges anyone injured in an accident file an action before a specific date or else the claim will be dismissed. This is to safeguard evidence from being lost or lost in the shuffle and to prevent people from dragging out litigation related to an incident for a long time.

The exact duration of time varies from state to state but personal injury claims typically have a two- to four-year time limit. However there are exceptions that can extend the amount of time that a victim must make a claim, and they should seek legal advice for assistance in to determine if their case falls into one of these exceptions.

One of the main facets of the statute of limitations is that it only applies to the filing of an action in court. Insurance claims are often used to resolve injuries and do not require formal lawsuits. Even so, it is crucial to give yourself enough time to file a lawsuit in the event that insurance negotiations fail to follow the plan or an issue arises that cannot be addressed by the insurance system.

Certain circumstances can stop the statute of limitations clock however, these situations are very rare and have to be analyzed on an individual basis. For instance, the statute of limitations may not start to run until a victim discovered or should have reasonably discovered that their injury was caused by a negligent actions, and in certain states, like New York, the statute of limitations differs for claims against municipalities.

Complaint

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

The complaint is the initial document that you file in a personal injury lawsuit. It contains detailed allegations concerning the incident that led to your injuries, as well as the damages you seek. The complaint also contains a "prayer of relief" which describes what you would like the court to do. The complaint and summons must be handed over to the defendant.

After the complaint is filed, the defendant has to respond to the complaint within a specified time frame, and must either accept or deny the allegations in the complaint. The defendant may also make a counterclaim against the plaintiff or introduce another defendant as a third-party defendant.

A successful personal injury lawsuit is based on solid evidence including medical records and testimony from witnesses. We work closely with our clients to ensure that all relevant information is gathered and included in the case. The evidence we gather can also assist us to negotiate with the defense attorneys or insurance companies to negotiate the most favorable settlement offer.

Preliminary Conference

In a personal injury case, your attorney must prove that the defendant's negligence caused your accident. You must also prove that you were injured in the accident and that the injuries are worth the amount of financial compensation.

It can be a lengthy procedure, but it's at the trial that you'll be able to determine if you get the compensation you are entitled to. In the case of a trial before jurors your lawyer will argue the defendant's liability and that they must compensate you for your losses. The defendant will provide evidence to prove that their actions were not related to the accident. This will stop the defendant from paying for your losses.

You must attend a pre-trial conference prior to proceeding with the trial. This is the first time that your case is subject to deadlines set by a judge. It is also the time that your attorney will discuss the case with the defense.

Preliminary conferences are typically conducted by a judicial register or an individual from the court's staff. Unless the case is handled under the New York's Differentiated Case Management Rule, or is otherwise exempt from the Rules All participants are required to attend in person. However, if a party is unable to attend in person, they may participate via phone or internet with the approval of the convenor. If your case is part of the Differentiated Case Management Program, the initial meeting provides an opportunity to determine whether your case falls into one of three categories namely complicated or expedited standard.

Bill of Particulars

After a summons or complaint are filed, the defendants identified in the lawsuit are given the option of having twenty or thirty days to file an Answer (although this deadline can be extended if the court gives consent). Once the Answer is filed, the case is moved into the discovery phase. During this phase both parties exchange information through written demands for discovery and depositions.

Following the conclusion of discovery The attorney for the plaintiff prepares what is known as a Bill of Particulars. The document is a legal declaration of claims 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 that are made to help them prepare for trial.

The court must look over a Bill of Particulars before it is able to be followed. Generally, the court will only accept a Bill of Particulars that is not vague or broad. A Bill of Particulars should be limited to the specific acts of negligence being claimed and should not contain new claims. For example, in Linker v. Lynchburg injury lawsuit , 203 A.D.2d 527 (2nd Dept. In 1994, the court upheld the motion to strike all references to intentional or willful actions in a medical malpractice case.

Similarly, the court will not permit the addition of a new theory of recovery at a disproportionately late point in the action. To avoid causing prejudice a late amendment to the Bill of Particulars must be supported by an affidavit which provides a reasonable explanation for the lateness of this amendment.

Physical Exam

If a defense attorney, or an insurance company asks you to attend an Independent Medical Examination (IME), your natural first instinct could be to wonder why a doctor who does not know you and your medical history and the particulars of your injury is asked to conduct an exam. This type of exam is required by Washington law, can be beneficial to your case.

Typically, IMEs are conducted by doctors medical who are hired by the defendant's insurance company and their goal is to offer a different perspective to your injuries. Although they are sometimes described as "independent," these physicians, just like insurance companies have their own agendas and financial interest in cutting down on the amount of compensation that can be awarded to an injured victim.

Your Orange County personal injury attorney will ensure that you are aware of what to expect from an IME and will give the doctor with a copy of all pertinent medical records. Your lawyer will be present during the IME to ensure that the questions posed by the doctor are in line with your medical records. It is essential to avoid playing around with the severity of your injuries to the doctors, since they are trained to recognize fraud and could use this information against you at trial.