What is a Personal Injury Lawsuit?

If you have been injured through the actions or inactions, you could be entitled to compensation. To find out more about your legal rights get in touch with a seasoned personal injury lawyer.

A personal injury lawsuit is civil litigant where the plaintiff seeks compensation for their losses. This includes medical expenses, lost wages and property damage. The process can take anywhere from several months to several years.

Damages

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

Damages are usually divided into two categories: punitive and compensatory. Compensation damages are based on medical bills as well as pain and loss compensation, and other out of pocket expenses. Punitive damages, which are rare and are intended to punish the wrongdoer when they have committed a number of extreme crimes.

Sugar Land injury lawyer of damages is typically referred to 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 might include doctor's bills or hospital costs, as well as physical therapy expenses. Some claims could also cover additional expenses, such as travel costs to and from appointments, or the need to modify your home to accommodate a disability that is permanent.

Non-economic damages are commonly described as "pain and suffering" damages. These damages are difficult to quantify, and they comprise the emotional distress and mental anguish that an accident can cause. Based on the extent of your injuries, your lawyer will assist you to estimate the value of the damages. It could be based on the ability to enjoy activities you were previously able to enjoy or the loss of your relationship with family members.

Statute of limitations

A legal rule known as the statute of limitation obliges anyone injured in an accident must file an action within a specified date or the claim will be dismissed. This is done to prevent evidence from being lost or lost and to stop those who delay bringing litigation related to an incident out for a long time.

The exact length of time for filing a claim differs from state to state but personal injury claims typically have a two- to four-year limit. There are some exceptions to the time limit for filing an injury claim. If you require assistance to determine if your claim falls within one of these exceptions, then it is best to seek legal advice.

One of the most important aspects of the statute of limitations is that it is only applicable to the filing of an action in court. Insurance claims are usually used to resolve injury cases and do not require formal lawsuits. It is nevertheless important to allow yourself enough time to bring a lawsuit in the event that insurance negotiations aren't as smooth as you had hoped, or if a problem arises which cannot be resolved through insurance.

Certain circumstances may stop the clock of the statute of limitations, but these instances are extremely rare and need to be considered on an individual case-by-case basis. The statute of limitation may not begin until the victim discovers or should have known that the injury resulted from someone else's negligence. In certain states, such as New York, it is different for claims that are made against municipalities.

Complaint

A personal injury lawsuit is filed by a victim against the person who caused the injury. It asserts that the defendant breached their duty of care and this breach caused loss and harm to the plaintiff. The defendant is then held responsible for these damages.

The first document filed in a personal injury lawsuit is called the complaint, and it contains detailed allegations about the incident that caused your injuries. It also outlines the damages you are seeking. The complaint also contains a "prayer for relief" that describes what you would like the court to do. The summons and complaint must be delivered to the defendant.

After the complaint is filed, the defendant has to submit an answer to the complaint within a certain time period, and they may either deny or admit the allegations made in the complaint. The defendant may also file a counterclaim against the plaintiff or bring in a different defendant as a third-party defendant.

A successful personal injury lawsuit is based on solid evidence, such as medical documents and witness testimony. We work closely with our clients to gather all relevant information and include it in the case. The evidence we collect will also assist us in negotiate with defendants' lawyers or insurance agents 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 also prove that you were injured in the accident and that these injuries are worth financial compensation.

It can be a lengthy process, but the trial is where you'll be able to decide if you'll get the damages you're entitled to. In the case of a trial before the jury, your lawyer will argue that the defendant is at responsibility and the need to compensate you for your losses. The defendant will argue that their actions are unrelated to the accident, which will keep them from having to compensate you for your losses.

Before proceeding to trial, you must attend a preliminary conference. This is usually the first time that your case will have deadlines set by the Court itself. This is also the time when your lawyer will discuss the matter with the defense.

Preliminary meetings are usually held by a judicial registrar or a member of the court's staff. Unless the case is being handled by New York's Differentiated Case Management Rule, or is otherwise exempt from the Rules the parties are required to be present in person. However, if a party cannot attend in person, they may participate via telephone or on the internet with the permission of the convenor. If your case will be part of the Differentiated Case Management Program, the initial meeting provides an opportunity to determine if your case falls under one of three categories: expedited standard or complex.

Bill of Particulars

After a summons or complaint are filed, the defendants who are named in the lawsuit have the option of having twenty or thirty days to file an Answer (although this deadline may be extended if the court gives consent). Once the Answer has been filed, the matter moves into what is called the discovery phase. In this phase both parties exchange information through written demands for discovery and depositions.

The lawyer for the plaintiff prepares a Bill of Particulars at the conclusion of the discovery. The document details the legal claims that are being made and the relief sought, usually 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 they can effectively prepare for trial.

The court must review the Bill of Particulars before it is allowed to be enforced. In general, a court will only be able to abide by the 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 not include any new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ) for instance, was a case where the court ruled that the plaintiff had not been negligent. In 1994, the court affirmed the motion to strike all the reference to willful or deliberate actions in a medical malpractice case.

The court will also not allow a new doctrine to be added at any stage in the litigation that is unreasonably late. To avoid adverse consequences, a late amendment to a Bill of Particulars should only be allowed if accompanied by an affidavit stating an acceptable explanation for the delay in the amendment.

Physical Exam

You might be wondering why a doctor who doesn't know you, or your medical history and is unfamiliar with the specifics of your incident, would be required to conduct a medical exam. 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 defendant's insurance company and aim to offer a different view of your injuries. Although they are often called "independent," these physicians - just like the insurance companies - have their own agenda and financial stake in decreasing the amount of compensation that can be granted to a victim who has been injured.

Your Orange County personal injury attorney will ensure that you understand what to expect from an IME and will provide a copy to the doctor of all relevant medical records. Your lawyer will be present during the IME to make sure that the questions asked by the doctor are consistent with your medical records. It is not advisable to downplay or exaggerate the severity of your injuries to the doctors. They are trained to spot dishonesty, and could utilize this information in court.