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. Contact a knowledgeable personal injury attorney 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, lost wages and property damage. The process can last from a few months to a few years.

Damages

A personal injury lawsuit is a legal proceeding which is filed to force another person or entity to pay you compensation for damages caused by an accident. The party who suffered the injury is known as the plaintiff while the parties responsible are referred to as defendants. Personal injury lawyer cases can also include the wrongful death of a person who dies due to inattention or negligence of others.

Damages are typically classified into two categories: punitive and compensatory. Compensation damages are designed to make the victim whole and regain their financial security, which includes out-of-pocket expenses such as medical expenses and compensation for pain and suffering. Punitive damages are not common and are designed to punish the perpetrator for their extreme behavior.

The first type of damages is typically called "economic damages." This is the term used to describe the cost of out-of-pocket expenses incurred due to the accident or injury. These might include doctor's bills as well as hospital expenses and physical therapy costs. In some cases other expenses such as the cost of travel to and from appointments or modifications made to your home to accommodate permanent disabilities could be included in a claim.

Non-economic damages are also described as "pain and suffer" damages. These damages are harder to quantify, and comprise the emotional distress and mental anguish that accidents can cause. Based on the extent of your injuries, your lawyer will help you place a value on these damages. This might be based on your ability to participate in activities that you were previously able to enjoy or your loss of connection with family members.

Statute of Limitations

In a legal rule known as the statute of limitations, anyone who suffers injury attorney lawyer as a result of an accident must make a claim within a specific time period or their claim will be dismissed by the courts. This is done to stop evidence from being lost or lost, and also to stop people from dragging incident-related litigation out indefinitely.

The time frame for filing a claim differs from one state another, but the majority of personal injury lawsuits have a limit of two to four years. However, there are exceptions that may extend the time a victim has to file their claim and they should seek legal advice for assistance in determining whether or not your case falls under one of the exceptions.

The statute of limitations only applies to lawsuits that are filed in court. Many cases of injury are resolved through the process of filing an insurance claim and do not require formal lawsuit filing. It is important to give yourself enough time to file 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 may stop the clock on the statute of limitations, however they are extremely rare and have to be considered on a case-by-case basis. The statute of limitation may not be established until the victim is aware or should have known that the injury was caused by someone else's negligence. In some states, like New York, it is different for claims that are made against municipalities.

Complaint

A personal injury lawsuit is a civil suit brought by an injured person against the person or entity that caused the injury. It alleges that the defendant violated the duty of care, that the breach caused harm and loss to the plaintiff and that the defendant should be held accountable for the losses.

The first document you file with a personal injury lawsuit is known as the complaint. It includes specific allegations regarding the incident that led to your injuries. It also lists the damages you are seeking. It also contains a "prayer for relief" which outlines 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.

After the complaint is filed, the defendant must respond to the complaint within a certain time period, and they must either accept or deny the allegations made in the complaint. The defendant can also file a counterclaim against the plaintiff or introduce another defendant as a third-party defendant.

A successful personal injury lawsuit is based on solid evidence, including medical documents and testimony from witnesses. We work closely with our clients to ensure that all relevant information is gathered and included in the case. The evidence can also help us negotiate with the attorney of the defendant or insurance representatives to get the best injury lawyers settlement offer possible.

Preliminary Conference

In a personal injury case your lawyer must show that negligence on the part of the defendant led to your accident. You must also prove you were injured in the accident and that these injuries are worth the amount of financial compensation.

This can be a long process however, the trial is where you'll be able to decide if you'll be awarded the damages you're entitled to. In the case of a trial before jurors your lawyer will argue for the defendant's responsibility and the need to be held accountable for your losses. The defendant will provide evidence to show that their actions were unrelated to the accident. This will stop them from paying you for your losses.

Before proceeding to trial, you must attend a preliminaries conference. This is typically the first time your case will have deadlines established by the Court itself. This is also the time that your lawyer will discuss the case with the defense.

Preliminary conferences are typically conducted by a judicial registrar or someone on the court's staff. If the case is handled under New York's Differentiated Case Management Rule, or is otherwise exempt from the Rules the participants are required to attend in person. If a party cannot attend in person, they can take part via phone or online, with the consent of the convenor. If your case is going to be part of the Differentiated Case Management program, the preliminary conference will provide an opportunity to determine whether your case falls under one of the three categories that are expedited, standard, or complex.

Bill of Particulars

After the complaint and summons have been filed, defendants named in the lawsuit will be given twenty to thirty days (although this deadline is able to be extended by the court). After the Answer is filed, the case is moved to what is called the discovery phase. During this phase both parties exchange information through written discovery demands and depositions.

After the discovery process is concluded The attorney for the plaintiff prepares what is called a Bill of Particulars. This document outlines the legal claims 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.

Before a Bill of Particulars can be accepted, it must be scrutinized by the court. In general, the court will only be able to abide by a Bill of Particulars if it isn't vague or overly broad. A Bill of Particulars should be limited to the specific acts of negligence being claimed and should not add new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ), for example was a case in which the court found that the plaintiff had not been negligent. 1994), the court sustained the motion to strike references to intentional and willful acts from a medical negligence claim.

The court will also not allow a new theory to be introduced at a point in the case that is unreasonablely late. To avoid prejudice, a belated amendment to the Bill of Particulars should only be permitted if supported by an affidavit that provides a reasonable excuse for the lateness of the amendment.

Physical Examination

It is possible to ask why a doctor who doesn't know you or your medical history, and isn't familiar with the specifics of your accident, should be required to conduct a medical exam. This type of examination, which is required by Washington law, could be beneficial to your case.

IMEs are usually conducted by doctors hired by the insurance company of the defendant. Their goal is to offer a different perspective on your injuries. Although they are sometimes described as "independent," these physicians as well as insurance companies have their own agendas and financial motives in reducing the amount of compensation that could be awarded to an injured victim.

Your Orange County personal injury attorney will ensure that you understand what you can expect from an IME and will give an IME doctor with a copy of all relevant medical records. Your lawyer will also be present at the IME and will make sure that you are being treated in a fair manner by ensuring that the questions of the doctor do not diverge from the ones you have in your medical records. It is important to avoid playing up or down the severity of your injuries to these doctors, as they are trained to recognize dishonesty and may utilize this information against you in trial.