What is a Personal Injury Lawsuit?

You could be entitled to compensation if you were injured as a result of the actions or inactions of a third party. Contact a seasoned personal injury lawyer to find out more about your rights.

A personal injury lawsuit is a civil dispute in which the plaintiff seeks money to compensate for their losses, such as medical bills, lost wages damages to property and other expenses. The process can take several months to a few years.

Damages

A personal injury lawsuit is a legal process that is used to force another person or entity to pay you for damages resulting from an accident. The plaintiff is the one who was injured, and the defendants are the parties accountable. If someone dies as the result of inattention or negligence of others the wrongful death case may be part of personal injury lawsuits.

Damages are usually divided into two categories: compensatory and punitive. Compensatory damages are meant to ensure that the victim is completely for good, including out-of-pocket costs like medical bills and compensation for suffering and pain. Punitive damages are rare and designed to punish the perpetrator for their extreme behavior.

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

Non-economic damage can also be referred to by the term "pain and suffer" damages. They are more difficult to quantify and are a result of the mental and emotional stress, anxiety and suffering that an accident can cause. Depending on the severity of your injuries, your lawyer can help you place a value on these damages. It could be based on your ability to enjoy activities you previously enjoyed or your loss of consortium with family members.

Statute of limitations

Under a legal rule called the statute of limitations, any person who suffers injury as a result of an accident must bring a lawsuit within a specified time or the claim will be rejected by the courts. This is done to stop evidence from being forgotten or lost and to stop those who delay bringing litigation related to an incident out for an indefinite period.

The exact time frame differs from state to state but personal injury claims typically have a two-to four-year limit. There are some exceptions to the time to file an injury claim. If you need help in determining whether your case is one of these exceptions, it is recommended to seek legal advice.

A key aspect of the statute of limitations is that it is only applicable to the filing of a lawsuit in a court. Insurance claims are typically used to resolve injuries and do not require formal lawsuits. However, it is crucial to give yourself plenty of time to take legal action just in case insurance negotiations don't go as planned or an issue arises that cannot be resolved through the insurance system.

Certain circumstances may stop the clock of the statute of limitations however, these situations are very rare and have to be analyzed on an individual case-by-case basis. The statute of limitations may not be established until the victim 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 made against municipalities.

Complaint

A personal injury lawsuit is filed by a victim against the person who caused the injury. The plaintiff claims that the defendant violated the duty of care, and that the breach caused harm and losses to the plaintiff, and that the defendant should be held liable for those damages.

The first document filed in a personal injury lawsuit is called the complaint, and it contains specific details about the incident that led to your injuries and outlines the damages you're seeking. The complaint also includes an "prayer of relief" which describes what you would like the court to do. The complaint must be served on the defendant, along with a summons which is a notification that they are being sued.

The defendant must respond to the complaint within certain time frames and either accept or deny all the allegations contained in the complaint. The defendant may 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, which includes medical documents and witness testimony. We work closely with our clients to gather the relevant information and incorporate it in the case. The evidence will also assist us negotiate with the attorney for the defendant or insurance representatives to get the best settlement offer possible.

Preliminary Conference

In a personal-injury case, your lawyer must prove that negligence on the part of the defendant caused your accident. You must be able to prove that you sustained injuries as a result of your accident, and that the injuries you sustained are worthy of financial compensation.

It's a long process, but it is at the trial that you'll be able to determine if you be awarded the compensation you deserve. In a jury trial, your lawyer will argue that the defendant is accountable and must pay you for the losses you suffered. The defendant will present evidence that their actions are unrelated to the accident, which will keep them from having to reimburse you for your losses.

Before proceeding to trial, you must attend a preliminary conference. This is usually the first time your case will have deadlines that are set by the Court itself. This is also when your attorney will be discussing the matter with the defense.

A judicial registrar, also known as a member from the court staff, typically holds preliminary conferences. If the case is handled in accordance with New York's Differentiated Case Management Rule, or is otherwise exempt from the Rules All participants are required to attend in person. If a person is unable to attend in person, the convenor may permit them to participate via phone or online. If your case is scheduled to be a part of the Differentiated Case Management program, the preliminary conference will provide an opportunity to determine whether your case falls into one of the three classifications - expedited, standard or complex.

Bill of Particulars

After a summons or complaint are filed, the defendants named in the lawsuit have either twenty or thirty days in which to respond (although this deadline can be extended if the court gives consent). Once the Answer is filed, the case is moved to what is called the discovery phase. In this phase both parties exchange information via written discovery demands and depositions.

Following the conclusion of discovery, the plaintiff's attorney prepares what is known as a Bill of Particulars. This document provides the legal claims that are being made and the relief requested - typically an award of money damages. The Bill of Particulars is meant to inform the defendant of the specific legal claims that are made so that they can prepare for trial.

The court must review a Bill of Particulars before it can be complied with. Generally, the court will only comply with a Bill of Particulars that is not vague or broad. A Bill of Particulars must only include the specific acts of neglect that are being asserted, and not add any new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ), for example was a case where the court concluded that the plaintiff had not been negligent. 1994), the court sustained a motion to strike all references to intentional and willful acts from a medical negligence claim.

Similarly, the court will not allow the introduction of a new theory of recovery at a disproportionately late point in the action. In order to avoid resultant prejudice, a belated amendment to the Bill of Particulars should only be allowed if accompanied by an affidavit that provides an adequate explanation for the lateness of the amendment.

Physical Exam

If a defense attorney or insurance company asks you to take part in an Independent Medical Examination (IME) the first reaction could be to wonder why a doctor who does not know you, your medical history, and the specifics of your injury is asked to conduct an exam. However, this type of examination is actually a requirement under Washington law and can be helpful to your case.

Typically, IMEs are conducted by doctors medical who are hired by the insurance company of the defendant and their goal is to provide a different perspective to your injuries. These physicians, who are sometimes called "independent" and have their own agendas and financial interests in reducing the amount of compensation that is awarded to injured victims.

If you decide to undergo an IME If you decide to undergo an IME, your Orange County personal injury lawyer will make sure that you are fully informed about what to expect and will provide the complete set of medical records for the doctor to look over. Your Lawyer Near Me Injury 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. Do not underplay or exaggerate the severity of your injuries to the doctors. They are trained to detect fraudulent behavior, and can use this information at trial.