What is a Personal Injury Lawsuit?

If you've been injured due to another's actions or inactions, you may be eligible for compensation. Contact a seasoned personal injury lawyer to learn more about your rights.

A personal injury lawsuit is a civil dispute in which the plaintiff seeks compensation for their losses. This includes medical expenses 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 process to compel a person or entity to pay you compensation for the damages resulting from an accident. The plaintiff is the victim and the defendants are the parties accountable. If someone dies as a result of inattention or negligence of others, wrongful death cases can be included in personal injury lawsuits.

Damages are typically classified into two categories: punitive and compensatory. Compensatory damages are intended to ensure that the victim is completely for good, including out-of-pocket costs like medical bills as well as compensation for pain and suffering. Punitive damages, which are not common, are meant to punish the perpetrator if they have committed extreme actions.

The first category of damages is often referred to as "economic damages." This covers the cost of out-of-pocket expenses incurred due to the accident or injury. This could include doctor's fees, hospital costs and physical therapy expenses. Certain claims could also include additional costs, like travel costs to and from appointments or modifications to your home to accommodate a disability that is permanent.

Non-economic damages are commonly described as "pain and suffering" damages. These damages are harder to quantify, and comprise the emotional distress and mental anguish caused by accidents. Depending on the extent of your injuries, your lawyer can help you place a value on the damages. This might be based on your ability to continue enjoying the activities you used to do or your loss of consortium with family members.


Statute of limitations

A legal requirement, known as the statute of limitations, anyone who suffers injury as a result of an accident must file a lawsuit within a specified time or else their claim will be dismissed by the courts. This is to safeguard evidence from being lost or forgotten and to prevent people from dragging 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 lawsuits have a limit of two to four years. However, there are exceptions that can prolong the time required for a victim to submit their claim. They should seek legal advice when to determine whether or not your case falls under one of these exceptions.

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 resolve injuries and do not require formal lawsuits. Even so, it is important to allow yourself enough time to pursue legal action just in case insurance negotiations fail to follow the plan or an issue arises that can't be addressed by the insurance system.

Tempe injury lawyers may stop the clock on the statute of limitations, however they are rare and need to be evaluated 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 was caused by someone else's negligence. In certain states, like New York, it is different for claims that are made against municipalities.

Complaint

A personal injury lawsuit is filed by the victim against the party who caused the injury. It claims that the defendant breached their duty of care and that this breach caused harm and losses for the plaintiff. The defendant is accountable for the damages.

The first document filed with a personal injury lawsuit is known 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 an "prayer for relief" which outlines what you want the court to do. The complaint must be served on the defendant, along with a summons which is a notification that they are being sued.

The defendant must respond to the complaint within specific time frames and either accept or deny the allegations made in the complaint. The defendant can also file a counterclaim, or add a third party defendant to the case as a third party defendant.

A successful personal injury lawsuit depends 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 gather will also help us to negotiate with defense attorneys or insurance companies to get the best possible settlement offer.

Preliminary Conference

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

It can be a lengthy process however, the trial is when you can finally determine whether you'll receive the compensation you're entitled to. In the case of a trial before the jury, your lawyer will argue that the defendant is at liability and that they must compensate you for your losses. The defendant will present evidence to prove that their actions are not connected to the accident. This will stop them from paying you for your losses.

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

Preliminary conferences are typically conducted by a judicial register or someone on the court's staff. Unless the case is being 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. If a party is not able to attend in person, the convenor is able to allow them to participate by telephone or online. If your case is part of the Differentiated Case Management Program, a preliminary meeting is also an opportunity to determine if your case falls into one of three categories namely complicated or expedited standard.

Bill of Particulars

After the complaint and summons have been filed, the defendants named in the lawsuit will be given between twenty and thirty days (although this timeframe is able to be extended by the court). When the Answer is filed, the case enters what is called the discovery phase. In this period both sides exchange information in the form of written demand for discovery and depositions.

The lawyer of the plaintiff drafts a Bill of Particulars at the end of the discovery. This document outlines legal claims 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, so that they can prepare for trial.

Before a Bill of Particulars can be followed, it must be scrutinized by the court. 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 negligence that are being asserted and must not include new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ), for example, was a case where the court ruled that the plaintiff was not negligent. 1994) The court ruled in favor of a motion to strike all references to intentional and willful acts from a medical negligence claim.

In the same way, the court will not allow the introduction of a new theory of recovery at a disproportionately late stage in the litigation. To avoid causing prejudice, any late amendment to a Bill of Particulars must be supported by an affidavit which gives a reasonable explanation for the tardiness of the amendment.

Physical Exam

If a defense attorney, or an insurance company asks you to attend an Independent Medical Examination (IME) Your first reaction may be to question the reason why a doctor who does not know you or your medical history and the details of your injury is asked to conduct an exam. This type of exam is required under Washington law, could be beneficial to your case.

IMEs are typically performed by doctors who are employed by the insurance company of the defendant. Their goal is to offer a different perspective on your injuries. Although they are sometimes called "independent," these physicians as well as insurance companies have their own agendas and financial stake in reducing the amount of compensation that can be granted to a victim who has been injured.

If you choose to undergo an IME the Orange County personal injury lawyer will make sure that you are aware of what to expect and will provide copies of all relevant medical records to the doctor to review. Your lawyer will be present during the IME to ensure that the questions asked by the doctor are consistent with your medical records. It is essential to avoid playing around with the extent of your injuries with these doctors, as they are trained to recognize dishonesty and may utilize this information against you at trial.