What is a Personal Injury Lawsuit?
If you've been injured due to another's actions or inactions, you could be eligible for compensation. Contact an experienced personal injury attorney to learn more about your rights.
A personal injury lawsuit is a civil matter where the plaintiff is seeking compensation for their losses, such as medical bills, lost wages property damage, and other costs. The process can last from a few months to several years.
Damages
A personal injury lawsuit is a legal proceeding that is used to compel another person, or entity to pay you for damages resulting from an accident. The party who suffered the injury is known as the plaintiff, while the responsible parties are called defendants. Personal injury cases can include the wrongful death of a person who dies because of the negligence or wrongdoing of others.
Damages are typically classified into two categories: punitive and compensatory. Compensatory damages include medical bills as well as pain and loss compensation, and other out of pocket expenses. Punitive damages, which are very rare, are meant to punish the wrongdoer for committing extreme actions.
The first category of damages is usually known as "economic damages." This is the term used to describe any out-of-pocket costs resulting from the accident and injuries. These might include doctor's bills as well as hospital expenses and physical therapy costs. Certain claims could also include additional expenses, such as the cost of travel to and from appointments, or home modifications to accommodate a permanent disability.
Non-economic damages are commonly called "pain and suffering" damages. They are more difficult to quantify and include the mental and emotional stress, anguish and suffering caused by accidents. Based on the extent of your injuries, your lawyer can help you place a value on the damages. This could be based on your ability to continue enjoying the activities you were previously able to enjoy or your loss of connection with family members.
Statute of limitations
A legal requirement known as the statute of limitations stipulates that anyone injured in an accident must file an action within a specified date or else their claim will be dismissed. This is to safeguard evidence from being lost or lost in the shuffle and to prevent people from dragging out litigation related to an incident for a long time.
The exact duration of time is different from state to state however, personal injury claims typically have a two-to four-year time limit. There are some exceptions to the time to file an injury claim. If you need help determining if your case falls under one of these exceptions, then it is recommended that you seek legal advice.
One of the main facets of the statute of limitations is that it is only applicable to the filing of a lawsuit in court. Insurance claims are usually used to resolve injury cases and do not require formal lawsuits. It is nevertheless essential to allow yourself sufficient time to bring a lawsuit in the event that insurance negotiations aren't as smooth as you had hoped, or if there is a problem that cannot be resolved with insurance.
Certain circumstances may stop the statute of limitations clock however these cases are rare and generally need to be considered on an individual case-by-case basis. For instance, the statute of limitations may not begin to run until a victim discovered or should have reasonably discovered that their injuries were caused by a 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 brought by the victim against the person who caused the injury. It claims that the defendant violated their duty of care and that the breach caused damage and losses for the plaintiff. The defendant is then held accountable for the losses.
The first document you file with a personal injury lawsuit is called the complaint. It contains detailed allegations about the incident that caused your injuries and outlines the damages you're seeking. It also contains a "prayer for relief" that outlines what you would like 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 certain deadlines and either admit or deny all the allegations in the complaint. The defendant may also file a counterclaim or add another defendant to the case as a third party defendant.
A successful personal injury lawsuit is based on solid evidence such as medical records and testimony from witnesses. We work closely with our clients to collect all relevant information and include it in the case. The evidence we gather can also assist us to negotiate with the defendants' lawyers or insurance agents to obtain the best settlement offer.
Preliminary Conference
In a personal-injury case the lawyer for you must prove that negligence on the part of the defendant caused your accident. You must also prove that you suffered injuries in your accident and that these injuries are worth the amount of financial compensation.
This can be a long process however, the trial is where you will be able to determine if you'll be awarded the damages you're entitled to. In the case of a trial before the jury 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 prove that their actions are not connected to the accident. This will stop them from settling your losses.
Before you can proceed to trial you must attend a preliminary conference. This is often the first time your case will have deadlines set by the Court itself. This is also the time when your lawyer will discuss the matter with the defense.
A judicial registrar, also known as a member of the court staff typically conducts preliminary conferences. If the case is handled by New York's Differentiated Case Management Rule, or otherwise exempted from the Rules All participants are required to attend in person. If a party is unable to attend in person they are able to participate via telephone or on the internet, with the consent of the convenor. If your case is part of the Differentiated Case Management Program, a preliminary meeting is also an opportunity to determine whether your case falls into one of three categories - 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 time frame can be extended with the court's consent). Once 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.
Evansville injury lawsuit prepares the Bill of Particulars at the end of discovery. This document outlines the legal claims being made and the relief sought - usually an award of money damages. The Bill of Particulars is meant to inform the defendant of the specific legal claims being made, so that they can 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 abide by a Bill of Particulars if it isn't vague or overly broad. A Bill of Particulars must only include the specific acts of neglect that are being alleged and must not include new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ) for instance was a case in which the court ruled that the plaintiff was not negligent. In 1994, the court affirmed a motion to strike the reference to willful or deliberate acts in a medical negligence case.
The court will not allow the addition of a new theory of recovery at an unreasonably late stage in the litigation. To avoid causing prejudice, any late amendment to the Bill of Particulars must be supported by an affidavit which provides a reasonable explanation for the delay of this amendment.
Physical Examination
You may question the reason why a doctor, who doesn't know you or your medical history and is unfamiliar with the details of your incident, would be required to conduct a medical examination. But, this type of examination is actually required under Washington law and can be helpful in your case.
Typically, IMEs are conducted by medical doctors who are employed by the insurance company of the defendant and their goal is to provide a different view of your injuries. Although they are sometimes described as "independent," these physicians as well as insurance companies - have their own agenda and financial interest in cutting down on the amount of compensation that can be awarded to an injured victim.
If you decide to go through 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. They will provide the complete set of medical records to the doctor to examine. Your lawyer will be present during the IME to ensure that the questions asked by the doctor are consistent with your medical records. It is essential to not play around with the extent of your injuries with the doctors, since they are trained to recognize the deceit and may use this information against you in trial.