What is a Personal Injury Lawsuit?
You could be entitled to compensation if have been injured due to the actions or inactions of another person. To learn more about your legal rights, contact an experienced personal injury lawyer.
A personal injury lawsuit is a civil matter in which the plaintiff seeks money to cover their losses, including medical expenses, lost wages, property damage and other expenses. The process can take several months to a few years.
Damages
A personal injury lawsuit is a legal process which is filed to force another person or entity, to pay you compensation for damages caused by an accident. The plaintiff is the one who was injured, and the defendants are the parties accountable. If someone dies as a result of the carelessness or infractions committed by others In wrongful deaths, the case can be included in personal injury claims.
The damages of a victim are typically broken down into two groups that are punitive and compensatory. Compensatory damages are intended to make the victim whole for good, including out-of-pocket costs such as medical bills as well as compensation for suffering and pain. Punitive damages, which are not common and are designed to punish the offender if they have committed extreme acts.
The first type of damages is often referred to as "economic damages." This covers the cost of out-of-pocket expenses incurred due to the accident and injuries. This could include hospital bills as well as doctor's fees and therapy costs. In certain cases other expenses such as the cost of travel to and from appointments, or modifications made to your home to accommodate permanent disabilities can be included in a claim.
Non-economic damages are commonly called "pain and suffering" damages. These damages are more difficult to quantify, and they comprise the emotional distress and mental anguish caused by accidents. Based on the extent of your injuries, your lawyer will help you determine the value of these damages. It could be based on your capacity to participate in activities that you were previously able to enjoy or the loss of your relationship with family members.
Statute of limitations
In a legal rule known as the statute of limitations, any person who is injured in an accident must bring a lawsuit within a specific time period or their claim will be rejected by the courts. This is to safeguard evidence from being lost or lost in the shuffle and to stop people from drag out incident-related litigation indefinitely.
The exact length of time for filing a claim varies from state to state, however, personal injury claims typically have a two- to four-year time limit. There are certain exceptions to the time limit for filing a claim. If you need help in determining whether your case falls within one of these exceptions, it is best to seek legal advice.
One of the main facets of the statute of limitations is that it applies only to the filing of a lawsuit in a court. Many cases of injury are resolved through the process of filing an insurance claim and do not require a formal lawsuit filing. However, it is important to leave yourself enough time to pursue legal action just in case insurance negotiations don't take place as planned or if an issue arises that can't be easily addressed through the insurance system.
Certain circumstances may stop the clock on the statute of limitations, but they are extremely rare and have to be assessed on a case by case basis. For example the statute of limitations might not start to run until the victim discovers or ought to have realized that their injuries were caused by someone else's negligent actions. In some states, such as New York, the statute of limitations is different for claims 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 that this breach caused loss and harm to the plaintiff. The defendant is held accountable for the losses.
The first document filed in a personal injury lawsuit is called the complaint, and it contains specific details about the incident that caused your injuries and outlines the damages you're seeking. The complaint also includes the "prayer of relief" that outlines what you want the court to do. The complaint must be served on the defendant along with a summons that is a notice 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 is built on solid evidence, including medical records and witness testimony. We work closely with our clients to gather the relevant information and incorporate it in the case. The evidence we gather will also assist us in negotiate with defendants' attorneys or insurance companies to negotiate the most favorable settlement offer.
Preliminary Conference
In a personal injury lawsuit, your attorney must prove that the negligence of the defendant led to your accident. You must also prove that you suffered injuries from your accident, and that your injuries are a valid reason for financial compensation.
It can be a lengthy procedure, but it's at the trial that you'll be able to determine if you be awarded the compensation you deserve. In the case of a trial before jurors the lawyer will argue that the defendant is at responsibility and the need to pay for your losses. Brooklyn Park injury lawsuit will present evidence that their actions do not contribute to the accident, which will keep them from having to reimburse you for your losses.
You must attend a pre-trial discussion prior to proceeding with the trial. This is usually the first time that your case will be subject to deadlines established by the Court itself. It is also the time when your attorney will discuss the case with the defense.
Preliminary conferences are typically conducted by a judicial registrar, or a member of the court's staff. If the case is handled in accordance with the New York's Differentiated Case Management Rule, or is otherwise exempt from the Rules, all parties are required to attend in person. If a party is unable to attend in person, the convenor is able to allow them to participate by phone or online. If your case is to be part of the Differentiated Case Management program, the preliminary conference will be an opportunity to identify whether your case falls into one of the three classifications which are expedited, standard or complex.
Bill of Particulars
When a summons and complaint are filed, the defendants who are named in the lawsuit have the option of having twenty or thirty days to submit an Answer (although this deadline can be extended with the court's consent). After the Answer is filed, the case moves into what is called the discovery phase. In this period both sides exchange information in the form of written demands for discovery and depositions.
The lawyer of the plaintiff drafts the Bill of Particulars at the end of the discovery. The document details the legal claims being made and the relief requested - typically 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 he or she can effectively prepare for trial.
Before a Bill of Particulars can be followed, it has to 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 broad. A Bill of Particulars must only include the specific acts of negligence that are being claimed and not include any new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ) for instance, was a case where the court found that the plaintiff was not negligent. 1994) the court granted the motion to strike references to willful and intentional acts from a medical negligence claim.
In the same way, the court will not permit the addition of a new theory of recovery at an unreasonable late stage in the litigation. To avoid causing prejudice, a late amendment to a Bill of Particulars must be supported by an affidavit which provides a reasonable explanation for the delay of this amendment.
Physical Examination
If a defense attorney or insurance company asks you to take part in an Independent Medical Examination (IME), your natural first instinct could be to wonder why a doctor who does not know you or your medical history and the specifics of your incident is asked to conduct an exam. This type of exam, which is required by Washington law, could be beneficial to your case.
Typically, IMEs are conducted by doctors medical who are hired by the insurance company representing the defendant and their aim is to offer a different view of your injuries. Although they are often referred to as "independent," these physicians - just like the insurance companies - have their own agenda and financial stake in reducing the amount of compensation that can be given to a victim of injury.
If you decide to undergo an IME, your Orange County personal injury lawyer will ensure that you are fully informed about what to expect. They will provide a copy of all relevant medical records for the doctor to look over. Your lawyer will also be present at the IME and will make sure that you are being examined in a fair manner by ensuring that the doctors ' questions aren't divergent from those in 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 use this information at trial.