What is a Personal Injury Lawsuit?


You could be entitled to compensation if you have suffered injuries due to the actions or inactions of another person. Contact an experienced personal injury lawyer to learn more about your rights.

A personal injury lawsuit is civil dispute in which the plaintiff seeks compensation for their losses. This can include medical bills as well as lost wages and property damage. The process can last between a few months and several years.

Damages

A personal injury lawsuit is a legal proceeding that is used to force another individual or entity to compensate you for the damages that result from an accident. The party who suffered the injury is known as the plaintiff and the parties responsible are referred to as defendants. If someone dies as a result of negligence or wrongdoing by others the wrongful death case are often included in personal injury lawsuits.

Damages are usually divided into two categories: punitive and compensatory. Compensatory damages are intended to ensure that the victim is completely for good, including out-of-pocket costs such as medical bills as well as compensation for pain and suffering. Punitive damages, which are rare and are intended to punish the perpetrator for committing extreme crimes.

The first category of damages is usually called "economic damages." This includes all out-of-pocket expenses associated with the accident or injury. These could include hospital bills as well as doctor's fees and therapy costs. Some claims could also cover additional expenses, such as transportation costs to and from appointments or the need to modify your home to accommodate a disability that is permanent.

Non-economic losses are often described as "pain and suffering" damages. They are more difficult to quantify and are a result of the mental and emotional stress, anxiety and suffering that an accident can cause. Based on the extent of your injuries, your lawyer will help you place a value on the damages. This may be based on your capacity to perform the activities you used to or your loss of consortium with your family.

Statute of limitations

Under a legal rule called the statute of limitations, anyone who suffers an injury in an accident must bring a lawsuit within a specific time period or the claim will be dismissed by the courts. This is done to stop evidence from being forgotten or lost, and also to stop those who delay bringing litigation related to an incident out for an indefinite period.

The exact duration of time varies from state to state, but personal injury claims typically have a two-to four-year limitation. However there are exceptions that may prolong the time required for a victim to file their claim and they should seek legal advice for help determining whether or not your case falls under one of these exceptions.

The statute of limitations is only applicable to lawsuits that are filed in court. Many injury cases are resolved through the process of claiming insurance and do not require formal lawsuit filing. It is still important to allow yourself enough time to start a lawsuit in the event that negotiations with insurance don't go as planned, or if a problem arises that cannot be resolved with insurance.

Certain circumstances can stop the statute of limitations clock however, these situations are rare and generally need to be considered on a case-by-case basis. The statute of limitation may not begin until the victim realizes or should have realized that the injury was caused by another's negligence. In certain states, like New York, it is different for claims that are made 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. The plaintiff claims that the defendant breached the duty of care, and that this breach caused harm and loss to the plaintiff, and that the defendant is liable for those damages.

The complaint is the first document filed in a personal injury lawsuit. It includes specific allegations concerning the incident that led to your injuries as well as the damages you want. The complaint also contains a "prayer for relief" that describes what you would like the court to do. The complaint and summons must be delivered to the defendant.

After the complaint is filed, the defendant is required to submit an answer to the complaint within a specific timeframe, and must either accept or deny the allegations in the complaint. The defendant can also file a counterclaim, or add a third party defendant to the case by naming third party defendant.

A successful personal injury lawsuit is based on solid evidence including medical documents and testimony from witnesses. We collaborate closely with our clients to ensure that all relevant information is gathered and included in the case. The evidence we have can also assist us to negotiate with defendants' attorneys or insurance companies to obtain the best settlement offer.

Preliminary Conference

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

This can be a long process however, the trial is when you can finally determine whether you'll be awarded the damages you're entitled to. In a trial before a jury, your lawyer will argue that the defendant is at responsibility and the need to be held accountable for your losses. The defendant will provide evidence to show that their actions were unrelated to the accident. This will prevent them from settling your losses.

Before you can proceed to trial, you must attend a preliminaries conference. This is typically the first time that your case will be subject to deadlines that are set by the Court itself. This is also the time where your lawyer will discuss the case with the defense.

A judicial registrar, or an official of the court staff usually conducts preliminary conferences. Unless the case is handled by New York's Differentiated Case Management Rule, or otherwise exempted from the Rules, all parties are required to attend in person. If a party is unable to attend in person, the convenor may allow them to participate by phone or via the internet. If your case is part of the Differentiated Case Management Program, a preliminary meeting is also an opportunity to determine if your case falls within one of three categories: complicated or expedited standard.

Bill of Particulars

After a complaint and summons are filed, the defendants named in the lawsuit have the option of having twenty or thirty days to file an Answer (although this deadline may be extended with the court's permission). When the Answer is filed, the case moves into what is known as the discovery phase. In this period, both sides exchange information in the form of written discovery demands and depositions.

The lawyer of the plaintiff drafts the Bill of Particulars at the conclusion of the discovery. This document provides 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 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 speaking, the court will only abide by a Bill of Particulars that is not vague or overly broad. A Bill of Particulars must only include the specific acts of neglect that are being asserted and must not include new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ) for instance, was a case where the court concluded that the plaintiff had not been negligent. In 1994, the court upheld a motion to strike the reference to willful or deliberate acts in a medical malpractice case.

The court will also not allow a new doctrine to be introduced at any point in the action that is unreasonably late. In order to avoid resultant negative consequences, an amendment made late to a Bill of Particulars should only be permitted if supported by an affidavit that provides a reasonable excuse for the delay in the amendment.

Physical Examination

You may question the reason why a doctor, who doesn't know you, or your medical history, and isn't familiar with the specifics of your accident, would be required to conduct a medical examination. However, this kind of examination is actually required under Washington law, and it could be beneficial in your case.

Typically, IMEs are conducted by doctors medical who are hired by the defendant's insurance company and their goal is to provide a different perspective on your injuries. While they are sometimes called "independent," these physicians as well as insurance companies have their own agendas and financial stake in decreasing the amount of compensation that may be granted to a victim who has been injured.

Your Orange County personal injury attorney will ensure that you are aware of what you can expect from an IME and will give a copy to the doctor of all pertinent medical records. Nashville injury lawyers will be present during the IME to ensure that the questions posed by the doctor are consistent with your medical records. It is not advisable to downplay or exaggerate the severity of your injuries to these doctors. They are trained to detect fraud, and may make use of this information in a trial.