What is a Personal Injury Lawsuit?

You may be entitled to compensation if you have suffered injuries due to the actions or inactions of another person. To find out more about your rights under the law, contact an experienced personal injury lawyer.

A personal injury lawsuit is a civil matter where the plaintiff is seeking money to compensate for their losses, including medical bills, lost wages, property damage and other expenses. The process can last from several months to several years.

Damages

A personal injury lawsuit is a process to compel a person or entity to pay compensation for the damages resulting from an accident. The plaintiff is the victim, and the defendants are the ones accountable. Personal injury cases can also include cases of wrongful death when someone dies due to the negligence or wrongful actions of others.

Damages are typically classified into two categories: compensatory and punitive. Compensatory damages include medical bills, pain and suffering compensation, and other out-of-pocket expenses. Punitive damages are not common and are intended to penalize the perpetrator for their extreme behavior.

The first type of damages is usually referred to as "economic damages." This covers the cost of out-of-pocket expenses incurred due to the accident or injury. These might include doctor's bills or hospital costs, as well as physical therapy expenses. Some claims could also cover additional expenses, such as the cost of travel to and from appointments, or the need to modify your home to accommodate a disability that is permanent.

Non-economic damage can also be referred to by the term "pain and suffer" damages. These are more difficult to quantify and involve the mental and emotional stress, anxiety and suffering that accidents can cause. Based on the extent of your injuries, your lawyer can help you place a value on the damages. This could be based on the ability to enjoy activities you used to do or the loss of your relationship with family members.

Statute of limitations

A legal requirement, known as the statute of limitations, any person who is injured in an accident must make a claim within a specific time period or their claim will be dismissed by the courts. This is to stop evidence from being forgotten or lost, and to prevent those who delay bringing litigation related to an incident out for an indefinite period.

The exact duration of the time limit varies from one state to another, but the majority of personal injury claims have a time frame of between two and four years. There are some exceptions to the time to file an injury claim. If you need assistance determining if your case is one of these exceptions, then it is best to seek legal advice.

The statute of limitations is only applicable to lawsuits that are filed in court. Insurance claims are often used to settle injury cases and do not require formal lawsuits. Even so, it is important to leave yourself enough time to pursue legal action in the event that insurance negotiations fail to follow the plan or an issue arises that cannot be resolved through the insurance system.

Certain circumstances may stop the clock of the statute of limitations, but these instances are very rare and have to be evaluated on a case-by-case basis. For example, the statute of limitations might not start running until a victim discovered or should have reasonably discovered that their injuries were caused by another person's negligence, and in certain states, like New York, the statute of limitations is different for claims against municipalities.

Complaint

A personal injury lawsuit is filed by the victim against the person who caused the injury. It asserts that the defendant violated 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 you file with a personal injury lawsuit is referred to as the complaint, and it contains detailed allegations about the incident that led to your injuries and outlines the damages you are seeking. The complaint also contains the "prayer for relief" that 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 will either admit or deny the allegations made in the complaint. The defendant may also file a counterclaim, or add another defendant to the case by naming a third party defendant.

A successful personal injury lawsuit relies on solid evidence including medical documents 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 have will also assist us in negotiate with the defense attorneys or insurance companies to negotiate the most favorable settlement offer.

Preliminary Conference

In a personal-injury case, your lawyer must prove that negligence on the part of the defendant caused your accident. You must also prove that you suffered injuries as a result of your accident, and that the injuries you sustained are worthy of financial compensation.

This could be a long process, but the trial is where you will be able to determine if you'll receive the compensation you deserve. In the trial before a jury your lawyer will argue that the defendant is at responsibility and they will argue that they have to pay for your losses. The defendant will provide evidence to show that their actions were not related to the accident. This will prevent them from paying you for your losses.

Before proceeding to trial, you must attend a preliminary conference. This is the first time your case is subject to deadlines set by a court. This is also the time where your attorney will discuss the case with the defense.

A judicial registrar, or a member from the court staff, typically conducts preliminary conferences. All participants must attend the preliminary conference in person, unless the case is handled under New York's Differentiated Case Management Rule or the Rules are exempted in other ways. However, if a party cannot attend in person, they can participate via phone or internet, with the consent of the convenor. If your case is to be a part of the Differentiated Case Management program, the preliminary conference will provide an opportunity to determine whether your case falls within one of the three classifications which are expedited, standard or complex.

Bill of Particulars

After a complaint and summons are filed, the defendants who are named in the lawsuit have the option of having twenty or thirty days to respond (although this time frame can be extended with the court's consent). After the Answer is filed, the case moves into what is called the discovery phase. In this period both sides exchange information in the form of written demand for discovery and depositions.

Following the conclusion of discovery The attorney for the plaintiff prepares what is known as a Bill of Particulars. Phoenix injury lawsuits that are being made and the relief requested - typically an award of money damages. The Bill of Particulars is intended to inform the defendant notice of the specific legal claims being made so that he or she is able to effectively prepare for trial.

The court must examine the Bill of Particulars before it can be complied with. In general, a court will only abide by the Bill of Particulars if it isn't vague or overly broad. A Bill of Particulars must only include the specific acts of neglect that are being claimed and must not include new claims. For example in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. In 1994, the court upheld the motion to strike out the reference to willful or deliberate actions in a medical malpractice case.

The court will not allow a new doctrine to be introduced at a point in the action that is unreasonably late. To avoid negative consequences, an amendment made late to a Bill of Particulars should only be allowed when supported by an affidavit offering an acceptable explanation for the lateness of the amendment.

Physical Examination


It is possible to ask why a doctor who doesn't know you, or your medical history and isn't familiar with the specifics of your incident, would be asked to conduct a medical exam. However, this type of examination is actually a requirement under Washington law and could be beneficial to your case.

IMEs are typically conducted by doctors hired by the insurer of the defendant. Their aim is to provide an alternative perspective on your injuries. These doctors, sometimes called "independent" are able to have their own goals and financial interests in reducing the compensation that is awarded to injured victims.

If you decide to go through an IME, your Orange County personal injury lawyer will make sure that you are fully informed about what to expect and will provide the complete set of medical records to the doctor to review. Your lawyer will also be present at the IME and will ensure that you are being treated fairly by ensuring that the doctors ' questions aren't divergent from those in your medical records. It is crucial to not play around with the severity of your injuries to the doctors, since they are trained to recognize dishonesty and may make use of this information against you at trial.