What is a Personal Injury Lawsuit?

If you've been injured through the actions or inactions, you could be able to recover compensation. To learn more about your rights under the law, contact an experienced personal injury lawyer.

A personal injury lawsuit is civil litigation where the plaintiff seeks compensation for their loss. This includes medical bills or lost wages, as well as property damage. The process can run from several months to several years.

Damages

A personal injury lawsuit is a process to compel a person or entity to pay you compensation for the damages resulting from an accident. The plaintiff is the one who was injured, and the defendants are responsible. If someone dies as the result of the negligence or wrongdoing by others In wrongful deaths, the case are often included in personal injury lawsuits.

Damages are usually classified into two categories: compensatory and punitive. Compensatory damages include medical bills as well as pain and suffering compensation, and other out-of-pocket expenses. Punitive damages, which are very rare and are intended to punish the offender when they have committed a number of extreme crimes.

This category covers all costs caused by the accident or injury. These could include doctor's bills as well as hospital expenses and physical therapy costs. In certain cases additional expenses, such as the cost of travelling to and from appointments or modifications to your home due to permanent disabilities can also be included in the claim.

Non-economic losses are often referred to as "pain and suffering" damages. These damages are more difficult to quantify, and comprise the emotional distress and mental anguish that an accident can cause. Your lawyer can help you value these damages based on the severity of your injury. This could be based on the capacity to perform the activities you used to or your loss of consortium with family.

Statute of Limitations

Under a legal rule called the statute of limitations, anyone who suffers an injury in an accident must file a lawsuit within a specified time or the claim will be rejected by the courts. This is to stop evidence from being forgotten or lost, and also to stop people from dragging incident-related litigation out indefinitely.

The exact length of time for filing a claim differs between states, however, personal injury claims typically have a two-to four-year limit. There are certain exceptions to the to file an injury claim. If you need assistance to determine if your claim falls within one of these exceptions, then it is recommended that you seek legal advice.

One of the most important aspects of the statute of limitations is that it applies only to the filing of a lawsuit in a court. A majority of injuries cases are resolved through the process of claiming insurance and do not require a formal lawsuit filing. Even so, it is crucial to give yourself plenty of time to take legal action in the event that insurance negotiations fail to take place as planned or if an issue arises that cannot be resolved through the insurance system.

Certain circumstances can stop the clock on the statute of limitations, however they are rare and need to be assessed on a case-by-case basis. The statute of limitation may not be established until the victim discovers or should have known that the injury resulted from someone else's negligence. In some states, like New York, it is different for claims that are made against municipalities.

Complaint

A personal injury lawsuit is brought by a victim against the person who 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 should be held liable for those damages.

The first document filed with a personal injury lawsuit is known as the complaint, and it includes specific allegations regarding the incident that caused your injuries. It also outlines the damages you seek. The complaint also includes the "prayer of relief" that outlines what you would like the court to do. The summons and complaint should be given to the defendant.

After the complaint is filed, the defendant is required to file an answer to the complaint within a specified time frame, and must either accept or deny the allegations made in the complaint. The defendant can also make a counterclaim against the plaintiff or bring in another defendant as a third-party defendant.

A successful personal injury lawsuit is built on solid evidence, which includes medical records and witness testimony. We collaborate closely with our clients to ensure that all relevant information is collected and included in the case. The evidence can also help us negotiate with the attorney of the defendant or insurance companies to negotiate the most favorable settlement offer.

Preliminary Conference

In a personal injury case, your attorney must prove that the negligence of the defendant led to your accident. You must be able to prove that you sustained injuries as a result of your accident, and that those injuries warrant financial compensation.

It can be a lengthy process however, the trial is when you'll be able to decide if you'll be awarded the damages you deserve. In a jury trial your lawyer will argue that the defendant is liable and has to pay for your losses. The defendant will present evidence to prove that their actions were not related to the accident. This will stop the defendant from paying 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, also known as an individual of the court's staff, usually conducts preliminary conferences. All parties must attend the initial conference in person unless the case is handled by New York's Differentiated Case Management Rule or the Rules are exempted in other ways. If, however, a person is unable to attend in person they are able to participate via phone or internet with the permission of the convenor. If your case is scheduled to be a part of the Differentiated Case Management program, an initial conference can be an opportunity to identify whether your case falls into one of the three categories which are expedited, standard or complex.

Bill of Particulars

After the summons and complaint are filed, the defendants named in the lawsuit will have between twenty and thirty days (although this time frame may be extended by the court). After the Answer is filed, the case moves into the discovery phase. In this stage both parties exchange information via written discovery demands and depositions.

Following the conclusion of discovery, the plaintiff's attorney prepares what is known as a Bill of Particulars. The document details the legal claims that are being made and the relief sought, usually the award of damages in cash. The Bill of Particulars is meant to inform the defendant of the specific legal claims made, to help them prepare for trial.

The court must examine a Bill of Particulars before it can be complied with. In general, a court will only abide by a Bill of Particulars if it is not vague or overbroad. A Bill of Particulars must only include the specific acts of negligence that are being alleged and must not include new claims. For instance in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. 1994) the court granted the motion to strike all references to intentional and willful acts from a medical negligence claim.

The court will not allow addition of a new theory of recovery at an unreasonable late stage in the case. To avoid negative consequences, an amendment made late to a Bill of Particulars should only be permitted if supported by an affidavit stating an acceptable explanation for the lateness of the amendment.

Physical Examination

If a defense attorney, or an insurance company requests that you take part in an Independent Medical Examination (IME), your natural first instinct might be to ask the reason why a doctor who does not know you or your medical history and the specifics of your injury is required to conduct an examination. This type of examination is required by Washington law, can be beneficial to your case.

Typically, IMEs are conducted by doctors medical who are hired by the insurance company representing the defendant and aim to provide a different perspective on your injuries. Pontiac injury attorney , who are sometimes called "independent" and have their own agendas and financial stakes in reducing the compensation that can be given to victims of injuries.


Your Orange County personal injury attorney will ensure that you are aware of what to expect from an IME and will give an IME doctor with a copy of all pertinent medical records. Your lawyer will be present during the IME to make sure that the questions asked by the doctor are in accordance with your medical records. You should not downplay or exaggerate the severity of your injuries to these doctors. They are trained to spot fraudulent behavior, and can utilize this information in court.