What is a Personal Injury Lawsuit?

You could be entitled to compensation if you have suffered injuries due to the actions or inactions of someone else. Contact an experienced personal injury lawyer to learn more about your rights.

A personal injury lawsuit is a civil litigation where the plaintiff seeks compensation for their losses. This can include medical bills as well as lost wages and nearest property damage. The process can take anywhere from several months to several years.

Damages

A personal injury lawsuit is a legal process that is taken to force another individual or entity, to pay you for the damages that result from an accident lawyers. The plaintiff is the one who was injured and the defendants are the ones accountable. Personal injury cases can also include the wrongful death of a person who dies because of the negligence or wrongful actions of others.

Damages are usually divided into two categories: compensatory and punitive. Compensatory damages are meant to help the victim get back on track again, including out-of-pocket expenses like medical bills and compensation for suffering and pain. Punitive damages are not common and designed to punish the perpetrator for nearest their extreme behavior.

This category covers all costs that result from the accident attorney or injury. This could include hospital bills medical expenses, doctor's charges and physical therapy costs. Some claims may also include additional expenses, such as the cost of travel to and from appointments, or modifications to your home to accommodate a disability that is permanent.

Non-economic damages are commonly called "pain and suffering" damages. These are more difficult to quantify and include the emotional distress, mental anxiety and nearest suffering caused by accidents. Depending on the severity of your injuries, your lawyer can help you estimate the value of the damages. It could be based on the ability to participate in activities that you used to do or your loss of consortium with family members.

Statute of limitations

A legal rule known as the statute of limitations stipulates that anyone injured in an accident file an action before a specific date or else the claim will be dismissed. This is to safeguard evidence from being lost or forgotten and to stop people from drag out incident-related litigation indefinitely.

The exact time limit is different from one state to another, but most personal injury claims have a limit of two to four years. However there are exceptions that can extend the time that a victim must submit their claim. They should seek legal advice for help to determine if their case falls into one of the exceptions.

The statute of limitations only applies to lawsuits filed in the court. Insurance claims are usually used to settle injury cases and do not require formal lawsuits. It is nevertheless important to allow yourself enough time to start a lawsuit in the event that insurance negotiations aren't as smooth as you had hoped, or if a problem arises that cannot be resolved with insurance.

Certain circumstances can stop the clock of the statute of limitations, but these instances are extremely rare and need to be evaluated on an individual basis. For example the statute of limitations may not start running until the victim discovers or ought to have realized that their injuries were caused by someone else's negligence, and in certain states, such as New York, the statute of limitations differs for claims against municipalities.

Complaint

A personal injury lawsuit is a civil action brought by an injured person against the person or entity that caused the injury. The plaintiff claims that the defendant breached their duty of care and the breach caused harm and losses for the plaintiff. The defendant is then accountable for the damages.

The complaint is the primary document that you file in a personal injury case. It includes specific allegations regarding the incident that caused your injuries as well as the damages you want. The complaint also contains a "prayer for relief" that describes what you would like the court to do. The complaint must be served on the defendant along with a summons, which is a notice that they are being sued.

The defendant must respond to the complaint within certain time frames and either accept or deny the allegations in the complaint. The defendant can also bring a counterclaim against plaintiff or bring in another defendant as a third-party defendant.

A successful personal injury lawsuit is based on solid evidence including medical records and testimony from witnesses. We work closely together with our clients to gather all relevant information and then include it in the case. The evidence will also assist us negotiate with the defendant's attorneys or insurance agents to obtain the best settlement offer possible.

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 in your accident and that your injuries are worth an amount of money.

It can be a lengthy process, but the trial is when you will be able to determine if you'll be awarded the damages you're entitled to. In a trial before jurors your lawyer will argue for the defendant's responsibility and they will argue that they have to be held accountable for your losses. The defendant will provide evidence to show that their actions are not connected to the accident injury lawyer. This will prevent them from settling your losses.

Before you can proceed to trial you must attend a preliminaries conference. This is the first time that your case has deadlines set by a judge. This is also the time when your attorney will be discussing the case with the defense.

A judicial registrar, or an official of the court staff typically conducts preliminary conferences. All participants must attend the preliminary conference in person, unless the case is handled in accordance with New York's Differentiated Case Management Rule or the Rules are exempted in other ways. If a person is unable to attend in person, the convenor can permit them to participate via phone or via the internet. If your case is to be a part of the Differentiated Case Management program, a preliminary conference will also provide an opportunity to determine whether your case falls within one of the three classifications that are expedited, standard, or complex.

Bill of Particulars

When a summons and complaint are filed, the defendant parties who are named in the lawsuit have the option of having twenty or thirty days to submit an Answer (although this deadline may be extended with the court's permission). Once the Answer is filed, the case moves into what is known as the discovery phase. In this period, both sides exchange information in the form of written demands for discovery and depositions.

At the conclusion of discovery the attorney representing the plaintiff drafts what is known as a Bill of Particulars. This document provides the legal claims that are being made and the relief requested - typically the award of damages in cash. The Bill of Particulars is intended to put the defendant on notice of the specific legal claims being filed so that he or she can effectively prepare for trial.

The court must look over a Bill of Particulars before it is able to be followed. In general, a court will only accept the Bill of Particulars if it is not vague or broad. A Bill of Particulars should be limited to the specific acts of negligence claimed and should not contain 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 references to willful and intentional acts 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. To avoid prejudice, a late amendment to the Bill of Particulars must be supported by an affidavit which gives a reasonable explanation of the lateness of this amendment.

Physical Examination

If a defense attorney, or an insurance company demands that you take part in an Independent Medical Examination (IME) the first reaction may be to question why a doctor who does not know you, your medical history, and the particulars of your injury is requested to conduct an exam. However, this type of exam is actually an obligation under Washington law, and can be helpful in your case.

IMEs are typically conducted by doctors hired by the insurer of the defendant. They are there to offer a different perspective on your injuries. These doctors, sometimes called "independent", have their own goals and financial interests in reducing the amount of compensation which can be paid to victims.

If you choose to undergo an IME the Orange County personal injury lawyer will ensure that you are aware of what to expect and will provide copies of all relevant medical records for the doctor to look over. Your lawyer will also be present at the IME and can ensure that you are being treated fairly by ensuring that the doctors questions do not deviate from the ones in your medical records. It is important to not play with the severity of your injuries to these doctors, as they are trained to spot fraud and could utilize this information against you at trial.