What is a Personal Injury Lawsuit?

You could be entitled to compensation if were injured as a result of the actions or inactions of someone else. To find out more about your rights under the law to pursue compensation, consult a knowledgeable personal injury lawyer.

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

Damages

A personal injury lawsuit is an action to compel a person or entity to pay you compensation for the damages resulting from an accident. The party who suffered the injury is known as the plaintiff while the parties responsible are referred to as defendants. If someone dies as a result of inattention or negligence of others, wrongful death cases are often included in personal injury claims.

Damages are usually classified into two categories: punitive and compensatory. Compensatory damages include medical bills as well as pain and suffering compensation, and other out-of-pocket expenses. Punitive damages are rare 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 all out-of-pocket expenses associated with the accident and injuries. This could include hospital bills as well as doctor's fees and therapy costs. Some claims could also cover additional costs, like the cost of travel to and from appointments or home modifications to accommodate a disability that is permanent.

Non-economic losses are often called "pain and suffering" damages. They are more difficult to quantify and are a result of the mental and emotional stress, anguish and suffering that accidents can cause. Depending on the severity of your injuries, your lawyer will assist you to place a value on these damages. This could be based on the capacity to perform 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 requires that anyone who is injured in an accident file an action before a specific date or else their claim will be dismissed. This is to prevent evidence from being lost or forgotten and to stop people from drag out litigation relating to incidents for an indefinite period.

The exact duration of the time limit varies from one state to another, but most personal injury claims have a time limit of two to four years. There are certain exceptions to the to file a claim. If you need assistance determining if your case falls within one of these exceptions, it is recommended to seek legal advice.

A key aspect of the statute of limitations is that it is only applicable to the filing of a lawsuit in a court. Insurance claims are typically used to settle injury cases and do not require formal lawsuits. It is essential to allow yourself sufficient time to file a lawsuit in the event that insurance negotiations 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 analyzed on a case-by-case basis. The statute of limitation may not begin until the victim is aware or should have known that the injury resulted from someone else's negligence. In some states, like New York, it is different for claims made against municipalities.

Complaint

A personal injury lawsuit is a civil action initiated by a victim against the person or entity who caused the injury. It claims that the defendant violated their duty of care, and that this breach caused harm and losses for the plaintiff. The defendant is accountable for the damages.

The complaint is the primary document that you file in a personal injury case. It includes specific allegations concerning the incident that caused your injuries, as well as the damages you want. The complaint also contains the "prayer for relief" that outlines what you want the court to do. The summons and complaint should be delivered to the defendant.

After the complaint is filed, the defendant is required to respond to the complaint within a specified time period, and they will either admit or deny the allegations made in the complaint. The defendant may also make a counterclaim against the plaintiff or introduce another defendant as third-party defendant.

A successful personal injury lawsuit is based on solid evidence, including medical records and witness testimony. We work closely together with our clients to collect all relevant information and then include it in the case. The evidence we collect will also help us to negotiate with defendants' lawyers or insurance agents to obtain the best settlement offer.

Preliminary Conference

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

This can be a long process however, the trial is where you'll be able to decide if you'll receive the compensation you deserve. In a jury trial your lawyer will argue that the defendant is responsible and has to pay for the losses you suffered. The defendant will argue that their actions do not contribute to the accident, which will keep them from having to pay you for your losses.

You must attend a pre-trial conference before proceeding with the trial. This is the first time your case has deadlines set by a judge. This is also the time when your attorney will discuss the case with the defense.

A judicial registrar, or a member of the court's staff, typically conducts preliminary conferences. Unless Providence injury lawsuits is handled under the New York's Differentiated Case Management Rule, or if it is exempted from the Rules, all parties are required to be present in person. However, if a party is unable to attend in person, they can participate via phone or internet with the approval of the convenor. If your case is part of the Differentiated Case Management Program, a preliminary meeting is also an opportunity to determine if your case falls under one of three categories - advanced standard or complex.

Bill of Particulars

After a summons or complaint are filed, the defendant parties identified in the lawsuit are given twenty or thirty days to respond (although this deadline may be extended with the court's consent). Once the Answer is filed, the case enters what is called the discovery phase. During this stage, both parties exchange information through written demands for discovery and depositions.

The lawyer of the plaintiff drafts a Bill of Particulars at the conclusion of the discovery. This document provides the legal claims being made as well as 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 that are made to help them prepare for trial.

Before a Bill of Particulars can be followed, it has to be reviewed by the court. Generally, the court will only accept a Bill of Particulars that is not overbroad or vague. A Bill of Particulars must only include the specific acts of negligence that are being asserted and must not include new claims. For instance in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. 1994), the court sustained a motion to strike all references to intentional and willful actions from a medical malpractice claim.

The court will also not permit a new theory to be introduced at a point in the action that is unreasonable late. In order to avoid resultant negative consequences, an amendment made late to a Bill of Particulars should only be allowed when supported by an affidavit stating an adequate explanation for the delay in the amendment.


Physical Exam

You might be wondering why a doctor who isn't familiar with you or your medical history, and isn't familiar with the details of your incident, would be asked to conduct a medical exam. This type of exam is required under Washington law, could be beneficial to your case.

Typically, IMEs are conducted by medical doctors who are employed by the defendant's insurance company and their goal is to offer an alternative perspective on your injuries. These doctors, often referred to as "independent" and have their own agendas and financial interests in reducing the compensation that can be paid to victims.

If you decide to go through an IME the Orange County personal injury lawyer will ensure that you are well-informed about what to expect and provide the complete set of medical records to the doctor to look over. Your lawyer will also be present at the IME and will make sure that you are being examined with respect and courtesy by ensuring that questions of the doctor do not diverge from those in your medical records. It is essential to avoid playing up or down the extent of your injuries with these doctors, as they are trained to spot the deceit and may make use of this information against you in trial.