What is a Personal Injury Lawsuit?
If you've been hurt through the actions or inactions, you could be able to recover compensation. Contact a seasoned 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 run from several months to several years.
Damages
A personal injury lawsuit is a process to compel another person or entity to pay compensation for the damage caused by an accident. The plaintiff is the victim and the defendants are the parties accountable. Personal injury cases can also include cases of wrongful death when someone dies due to the negligence or wrongdoing of others.
Damages are typically classified into two categories: punitive and compensatory. Compensatory damages are intended to help the victim get back on track and regain their financial security, which includes out-of-pocket expenses such as medical bills and compensation for pain and suffering. Punitive damages, which are not common and are designed to punish the wrongdoer for committing extreme crimes.
This category covers all expenses caused by 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 transportation costs to and from appointments, or modifications to your home to accommodate a permanent disability.
Non-economic damages are commonly referred to as "pain and suffering" damages. These are more difficult to quantify and are a result of the mental and emotional stress, anguish and suffering that accidents can cause. Your lawyer will help you determine the value of these damages based on the extent of your injury. This could be based on the ability to carry out the things you did before or your loss of consortium with family.
Statute of Limitations
In a legal rule known as the statute of limitations, any person who is injured in an accident must make a claim within a specific time period or their claim will be dismissed by the courts. This is to safeguard evidence from being lost or forgotten, and to prevent people from dragging out litigation relating to incidents for an indefinite period.
The exact duration of the time limit varies from one state to another, but the majority of personal injury lawsuits have a time frame of between two and four years. However there are exceptions that may extend the amount of time required for a victim to file their claim and they should seek legal advice when to determine whether or not their case falls into one of these exceptions.
One of the most important aspects of the statute of limitations is that it is only applicable to the filing of a lawsuit in court. Insurance claims are typically used to resolve injuries and do not require formal lawsuits. It is nevertheless important to give yourself enough time to file a lawsuit in the event that negotiations with insurance do not go as planned or if a problem occurs that is not resolved by insurance.
Certain circumstances can stop the clock on the statute of limitations, but 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 discovers or should have known that the injury was caused by another's negligence. In certain states, like New York, it is different for claims that are made against municipalities.
Complaint
A personal injury lawsuit is filed by the victim against the party who caused the injury. The plaintiff claims that the defendant breached their duty of care, and that this breach resulted in harm and losses for the plaintiff. The defendant is accountable for the damages.
The first document filed in a personal injury lawsuit is called the complaint. Oceanside injury lawsuits contains specific details about the incident that led to your injuries and outlines the damages you seek. The complaint also includes a "prayer of relief" which outlines what you would like the court to do. The complaint and summons must be delivered to the defendant.
After the complaint is filed, the defendant is required to respond to the complaint within a specific time frame, and will either admit or deny the allegations in the complaint. The defendant can also file a counterclaim against the plaintiff or introduce another defendant as third-party defendant.
A successful personal injury lawsuit is built on solid evidence, such as medical documents 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 collect 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, your lawyer must prove that negligence on the part of the defendant caused your accident. You must also prove that you were injured in the accident and that these injuries are worth financial compensation.
It's not an easy process, but it is at the trial that you will find out if you receive the damages you are entitled to. In a jury trial, your lawyer will argue that the defendant is liable and is required to compensate you for the losses you suffered. The defendant will provide evidence to prove that their actions were unrelated to the accident. This will stop them from paying you for your losses.
You must attend a pre-trial conference prior to proceeding with the trial. This is the first time your case is subject to deadlines set by a court. This is also when your attorney will discuss the issue with the defense.
A judicial registrar, also known as a member from the court staff, typically holds preliminary conferences. All participants must attend the preliminary conference in person unless the case is handled under New York's Differentiated Case Management Rule or the Rules are otherwise exempted. If, however, a person is unable to attend in person, they can participate via phone or internet, with the consent of the convenor. 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 classifications - expedited, standard or complex.
Bill of Particulars
After the complaint and summons are filed, the defendants named in the lawsuit will have twenty to thirty days (although this time frame may be extended by the court). When the Answer is filed, the case enters what is known as the discovery phase. During this stage the parties exchange information via written discovery demands and depositions.
The lawyer of the plaintiff drafts a Bill of Particulars at the end of the discovery. The document details the legal claims being made as well as the relief sought - usually the award of damages in cash. The Bill of Particulars is intended to inform the defendant notice of the specific legal claims being filed so that they can effectively prepare for trial.
Before a Bill of Particulars can be followed, it must be reviewed by the court. In general, the court will only abide by a Bill of Particulars if it is not vague or overbroad. A Bill of Particulars must only include the specific acts of neglect that are being claimed and must not include new claims. For example in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. 1994) The court ruled in favor of the motion to strike all references to intentional and willful actions from a medical malpractice claim.
The court will not permit a new theory to be added at a point in the action that is unreasonablely late. To avoid causing prejudice, an amendment made late to the Bill of Particulars must be supported by an affidavit, which gives a reasonable explanation for the lateness of this amendment.
Physical Exam
If a defense attorney, or an insurance company asks you to take part in an Independent Medical Examination (IME), your natural first instinct may be to question why a doctor who does not know you or your medical history and the particulars of your injury is required to conduct an examination. This type of examination, which is required by Washington law, can be beneficial to your case.
IMEs are usually conducted by doctors hired by the defendant’s insurance company. Their goal is to provide an alternative view of your injuries. These doctors, who are sometimes referred to as "independent" are able to have their own agendas and financial interests in reducing the amount of compensation which is given to victims of injuries.
If you decide to go through an IME the Orange County personal injury lawyer will ensure that you are fully informed about what to expect and will provide a copy of all relevant medical records for the doctor to review. Your lawyer will be present during the IME to ensure that the questions asked by the doctor are consistent with your medical records. You should not downplay or exaggerate the severity of your injury to these doctors. They are trained to detect fraudulent behavior, and can make use of this information in a trial.