What is a Personal Injury Lawsuit?
You may be entitled to compensation if you have suffered injuries due to the actions or inactions of someone else. Contact a knowledgeable personal injury attorney to learn more about your rights.
A personal injury lawsuit is a civil dispute 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 a few months to several years.
Damages
A personal injury lawsuit is a legal process which is filed to compel another person, 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 include wrongful death claims when someone dies due to the inattention or negligence of others.
Damages are usually divided into two categories: compensatory and punitive. Compensatory damages are intended to help the victim get back on track for good, including out-of-pocket costs such as medical expenses and compensation for suffering and pain. Punitive damages are not common and designed to punish the wrongdoer for extreme conduct.
The first category of damages is typically known as "economic damages." This covers the cost of out-of-pocket expenses incurred due to the accident and injuries. This could include doctor's fees, hospital costs and physical therapy expenses. In some cases, additional expenses like the cost of travelling to and from appointments or modifications to your home for permanent disabilities may be included in an insurance claim.
Non-economic losses are often called "pain and suffering" damages. These damages are harder to quantify, and include the emotional stress and mental stress that accidents can cause. Your lawyer will help you value these damages based on the severity of your injuries. This could be based on the ability to carry out the things you were previously able to do or your loss of consortium with your family.
Statute of limitations
Under a legal rule called the statute of limitations, any person who is injured in an accident must make a claim within a certain time frame or else their claim will be dismissed by the courts. This is to safeguard evidence from being lost or lost in the shuffle and to prevent people from dragging out litigation related to an incident for a long time.
The exact length of time for filing a claim differs from state to state, however personal injury claims generally have a two-to four-year limitation. There are some exceptions to the time period for filing claims. If you need assistance to determine if your claim is one of these exceptions, it is recommended that you seek legal advice.
The statute of limitations only applies to lawsuits filed in court. Insurance claims are typically used to settle injury cases and do not require formal lawsuits. It is still important to allow yourself enough time to bring a lawsuit in the event that negotiations with insurance do not go as planned or if a problem arises which cannot be resolved through insurance.
Certain circumstances may stop the clock on the statute of limitations however these cases are rare and generally need to be considered on an individual basis. For instance the statute of limitations might not start running until the victim discovers or should have reasonably discovered that their injuries were caused by a negligent actions, and in certain states, such as New York, the statute of limitations is different for claims against municipalities.
Complaint
A personal injury lawsuit is brought by a victim against the person who caused the injury. It claims that the defendant violated their duty of care, and that this breach resulted in harm and losses for the plaintiff. The defendant is then accountable for the damages.
The complaint is the initial document filed in a personal injury case. It includes specific allegations concerning the incident that led to your injuries as well as the damages you seek. The complaint also includes a "prayer of relief" which outlines what you want the court to do. The complaint and summons must be given to the defendant.
After the complaint is filed, the defendant has to file an answer to the complaint within a specific time frame, and will either admit or deny the allegations in the complaint. The defendant can also file a counterclaim or add another defendant to the case as a third party defendant.
A successful personal injury lawsuit is built on solid evidence, including medical records and witness testimony. We work closely with our clients to ensure that all relevant information is gathered and included in the case. The evidence will also assist us negotiate with the defendant's 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 your injuries are a valid reason for financial compensation.
It's not an easy process, but it is at the trial that you will finally know if you will get the compensation you deserve. In a trial before a jury, your lawyer will argue that the defendant is liable and must pay you for the losses you suffered. The defendant will argue that their actions are unrelated to the accident, which will keep them from having to reimburse you for your losses.
Before you can proceed to trial you must attend a preliminary conference. This is usually the first time that your case will have deadlines that are set by the Court itself. This is also when your lawyer will discuss the issue with the defense.
A judicial registrar, or a member of the court staff usually conducts preliminary conferences. Unless the case is handled under New York's Differentiated Case Management Rule, or is otherwise exempt from the Rules, all parties are required to attend in person. If, however, a person is unable to attend in person they can take part via phone or online with the approval of the convenor. If your case will be part of the Differentiated Case Management Program, an initial meeting also provides an opportunity to determine whether your case falls within one of three categories namely expedited standard or complex.
Bill of Particulars
After a summons or complaint are filed, the defendants identified in the lawsuit are given either twenty or thirty days in which to submit an Answer (although this time frame can be extended if the court gives consent). After the Answer has been filed, the case is moved into what is called the discovery phase. During this phase, both parties exchange information through written demands for discovery and depositions.
Following the conclusion of discovery, the plaintiff's attorney prepares what is known as a Bill of Particulars. The document is a legal declaration of claims and the relief sought - typically 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 examined by the court. In general, the court will only be able to abide by the Bill of Particulars if it is not vague or overbroad. A Bill of Particulars should be limited to the specific acts of negligence asserted and should not include new claims. For instance, in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. 1994) The court ruled in favor of the motion to strike all references to willful and intentional acts from a medical malpractice claim.
The court will not allow a new doctrine to be added at an stage in the litigation that is unreasonable late. To avoid adverse consequences, a late amendment to the Bill of Particulars should only be allowed if accompanied by an affidavit offering an adequate explanation for the lateness of the amendment.
Physical Examination
You might be wondering why a doctor, who doesn't know you or your medical history and is unfamiliar with the details of your accident, should be required to conduct a medical examination. However, this type of examination is actually required under Washington law, and it can be helpful in your case.
IMEs are typically conducted by doctors employed by the insurer of the defendant. Their goal is to offer a different view of your injuries. These doctors, often referred to as "independent" and have their own agendas and financial interests in reducing the amount of compensation that can be paid to victims.
Your Orange County personal injury attorney will ensure that you understand what to expect from an IME and will provide an IME doctor with a copy of all pertinent medical records. Your lawyer will be present during the IME to ensure that the questions asked by the doctor are in line with your medical records. Gainesville injury lawsuits is important to avoid playing up or down the severity of your injuries to these doctors, as they are trained to spot fraud and could use this information against you in trial.