What is a Personal Injury Lawsuit?

You could be eligible for compensation if you have suffered injuries 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 litigant in which the plaintiff seeks compensation for their losses. This includes medical expenses as well as lost wages and property damage. The process can take anywhere between a few months and several years.

Damages

A personal injury lawsuit is a legal process that is used to compel another person, or entity to compensate you for damages resulting from an accident. The party who suffered the injury is known as the plaintiff while the parties responsible are referred to as defendants. Personal injury lawsuits cases can include cases of wrongful death when someone dies due to negligence or wrongful actions of others.

Damages are usually classified into two categories: punitive and compensatory. Compensatory damages are intended to help the victim get back on track for good injury lawyers near me, including out-of-pocket costs such as medical bills and compensation for suffering and pain. Punitive damages are rare and are designed to punish the perpetrator for their extreme behavior.

The first category of damages is usually known as "economic damages." This covers all out-of-pocket expenses associated with the accident and injuries. This could include hospital bills, doctor's fees and physical therapy costs. In some cases other expenses such as the cost of travelling to and from appointments or modifications made to your home to accommodate permanent disabilities could be included in an insurance claim.

Non-economic damage can also be referred to by the term "pain and suffer" damages. They are more difficult to quantify and involve the emotional distress, mental anxiety and suffering that accidents can cause. Your lawyer can help you evaluate these damages based upon the severity of your injury. This may be based on your ability to carry out the things you did before or your loss of consortium with your family.

Statute of Limitations

A legal requirement known as the statute of limitation stipulates that anyone injured in an accident should file an action within a specified date or else their claim will be dismissed. This is to stop evidence from being lost or lost, and also to stop those who delay bringing litigation related to an incident out for an indefinite period.

The exact length of time for filing a claim is different from state to state, however, personal injury claims typically have a two-to four-year limitation. However there are exceptions that may extend the time a victim has to submit their claim. They should seek legal advice when to determine whether or not their case falls within one of these exceptions.

The statute of limitations applies only to lawsuits filed in the court. Insurance claims are often used to settle injury cases and do not require formal lawsuits. It is nevertheless important to give yourself enough time to file a lawsuit in the event that insurance negotiations do not go as planned or if a problem occurs which cannot be resolved through insurance.

Some circumstances can pause the clock on the statute of limitations, but they are rare and need to be assessed on a case-by case basis. The statute of limitations might not start until the person discovers or should have known that the injury resulted from someone else's negligence. In certain states, like New York, it is different for claims against municipalities.

Complaint

A personal injury lawsuit is brought by a victim against the person who caused the injury. It asserts that the defendant violated their duty of care, and that this breach resulted in loss and harm to the plaintiff. The defendant is then held accountable for the losses.

The complaint is the first document filed in a personal injury case. It contains detailed allegations concerning the incident that caused your injuries, as well as the damages you seek. The complaint also contains the "prayer of relief" which describes what you would like the court to do. The complaint must be served to the defendant with a summons, which is a notice that they are being sued.

After the complaint is filed, the defendant must file an answer to the complaint within a specified time period, and they must either accept or deny the allegations made in the complaint. The defendant may also make a counterclaim against the plaintiff or bring in a different defendant as third-party defendant.

A successful personal injury lawsuit is based on solid evidence, which includes medical records and witness testimony. We work closely with our clients to ensure that all relevant information is collected and included in the case. The evidence we gather can also assist us to negotiate with defense attorneys or insurance companies to obtain the best settlement offer.

Preliminary Conference

In a personal injury lawsuit your lawyer must demonstrate that the negligence of the defendant caused your accident. You must be able to prove that you sustained injuries from your accident, and that those injuries warrant financial compensation.

This could be a long process however, the trial is when you can finally determine whether you'll be awarded the damages you deserve. In the case of a trial before jurors the lawyer will argue the defendant's liability and that they must be held accountable for your losses. The defendant will present evidence to prove that their actions were unrelated to the accident. This will stop the defendant from paying for your losses.

Before you can proceed to trial you must attend a preliminaries conference. This is usually the first time your case will be subject to deadlines that are set by the Court itself. It is also the time that your attorney will discuss the case with the defense.

Preliminary conferences are typically conducted by a judicial registrar, or someone on the court's staff. All parties must attend the preliminary conference in person unless the case is handled in accordance with the New York's Differentiated Case Management Rule or the Rules are exempted in other ways. 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 to be a part of the Differentiated Case Management program, the preliminary conference will be a chance to determine whether your case falls within one of the three categories - expedited, standard or complex.

Bill of Particulars

When a summons and complaint are filed, the defendants identified in the lawsuit are given either twenty or thirty days in which to file an Answer (although this time frame can be extended with the court's consent). When the Answer is filed, the case moves into what is known as the discovery phase. In this phase the parties exchange information via 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 details the legal claims being made and the relief sought - usually an award of money damages. The Bill of Particulars is intended to put the defendant on notice of the specific legal claims being made, so that he or she can prepare effectively for trial.

The court must examine a Bill of Particulars before it can be complied with. In general, courts will only comply with a Bill of Particulars that is not vague or broad. A Bill of Particulars should be limited to the specific negligence that is being claimed and should not contain 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. In 1994, the court upheld a motion to strike references to intentional or willful actions in a medical malpractice case.

The court will not allow the introduction of a new theory of recovery at an unreasonable 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 of the lateness of this amendment.

Physical Exam

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

Typically, IMEs are conducted by medical doctors who are employed by the defendant's insurance company and aim to offer a different perspective on your injuries. These physicians, who are sometimes referred to as "independent", have their own goals and financial interests in reducing the compensation that is paid to victims.

Your Orange County personal injury attorney will make sure you know what you can expect from an IME and will give the doctor with a copy of all relevant medical records. Your lawyer will be present during the IME to make sure that the questions asked by the doctor are in line with your medical records. It is not advisable to downplay or exaggerate the severity of your injury to the doctors. They are trained to detect dishonesty, and could make use of this information in a trial.