What is a Personal Injury Lawsuit?
You may be entitled to compensation if have suffered injuries due to the actions or inactions of another person. To learn more about your legal rights get in touch with a seasoned personal injury lawyer.
A personal injury lawsuit is a civil litigant in which the plaintiff seeks compensation for their losses. This can include medical bills, lost wages and property damage. The process can take several months to several years.
Damages
A personal injury lawsuit is a legal proceeding which is filed to compel another person, or entity to compensate you for damages resulting from an accident. The injured party is known as the plaintiff while the parties responsible are referred to as defendants. 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 classified into two categories: compensatory and punitive. Compensatory damages include medical bills, pain and suffering compensation and other out-of pocket expenses. Punitive damages are uncommon and are designed to punish the wrongdoer for extreme conduct.
This category includes all expenses incurred as a result of the accident or injury. These could include doctor's bills, hospital costs and physical therapy expenses. In some cases, additional expenses like the cost of travelling to and from appointments, or changes to your home due to permanent disabilities may be included in an insurance claim.
Edinburg injury lawsuit -economic damage can also be called "pain and suffer" damages. These damages are harder to quantify and include the emotional stress and mental stress caused by accidents. Your lawyer will help you value these damages based on the severity of your injuries. This could be based on your ability to enjoy activities you were previously able to enjoy or the loss of your relationship with family members.
Statute of limitations
In a legal rule known as the statute of limitations, anyone who suffers injury as a result of an accident must bring a lawsuit within a specific time period or else 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 incident-related litigation indefinitely.
The exact duration of the time limit is different from one state to another, but most personal injury claims have a time frame of between two and four years. However there are exceptions that may prolong the time that a victim must submit their claim. They should seek legal advice for help determining whether or not their case falls within one of these exceptions.
One of the most important aspects of the statute of limitations is that it only applies to the filing of an action in court. Insurance claims are typically used to resolve injury cases and do not require formal lawsuits. Even so, it is important to leave yourself enough time to pursue legal action in the event that negotiations fail to go as planned or an issue arises that can't be resolved through the insurance system.
A few circumstances can pause the clock on the statute of limitations, but these instances are rare and generally need to be evaluated on an individual case-by-case basis. For instance the statute of limitations might not start to run until a victim discovered or reasonably should have discovered that their injury was caused by someone else's 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 a civil suit brought by an injured person against the person or entity that caused the injury. It alleges that the defendant breached the duty of care, that this breach caused harm and losses to the plaintiff, and that the defendant is accountable for the losses.
The first document you file with a personal injury lawsuit is known as the complaint. It contains specific details about the incident that led to your injuries. It also lists 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 on the defendant along with a summons which is a notification that they are being sued.
The defendant must respond to the complaint within specific time frames and either accept or deny the allegations in the complaint. The defendant may also bring a counterclaim against plaintiff or introduce another defendant as a third-party defendant.
A successful personal injury lawsuit relies on solid evidence including medical documents and testimony from witnesses. We work closely with our clients to collect all relevant information and include it in the case. The evidence will also help us negotiate with the attorney for the defendant or insurance companies to negotiate the best settlement possible.
Preliminary Conference
In a personal injury case the attorney for you must prove that the defendant's negligence caused your accident. You must also prove you suffered injuries in your accident and that the injuries are worthy of financial compensation.
This can be a long process however, the trial is when you will be able to determine if you'll be awarded the damages you deserve. In a trial before the jury the lawyer will argue that the defendant is at responsibility and they will argue that they have to compensate you for your losses. The defendant will present evidence that their actions do not contribute to the accident, which will prevent them from having to compensate you for your losses.
You must attend a pre-trial discussion before proceeding with the trial. This is often the first time that your case will be subject to deadlines established by the Court itself. This is also when your attorney will be discussing 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 by the New York's Differentiated Case Management Rule or the Rules are otherwise exempted. If a party is unable to attend in person, they are able to participate via phone or internet with the approval of the convenor. If your case will be part of the Differentiated Case Management Program, an initial meeting also provides an opportunity to determine if your case falls within one of three categories namely advanced standard or complex.
Bill of Particulars
After the summons and complaint have been filed, defendants named in the lawsuit will have between twenty and thirty days (although this timeframe can be extended by the court). After the Answer is filed, the case enters what is known as the discovery phase. In this phase, both sides exchange information in the form of written discovery demands and depositions.
At the conclusion of discovery, the plaintiff's attorney prepares what is known as a Bill of Particulars. This document outlines the legal claims being made as well as 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 they can prepare effectively for trial.
Before a Bill of Particulars can be accepted, it must be reviewed by the court. In general, a court will only be able to abide by a Bill of Particulars if it is not vague or broad. A Bill of Particulars must only include the specific acts of negligence that are being claimed and not include any new claims. For instance in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. 1994) the court granted the motion to strike all references to intentional and willful actions from a medical malpractice claim.
The court will not allow introduction of a new doctrine of recovery at an unreasonably late stage in the case. To avoid causing prejudice a late amendment to the Bill of Particulars must be supported by an affidavit that gives a reasonable explanation for the tardiness of the amendment.
Physical Exam
If a defense attorney or insurance company requests that you take part in an Independent Medical Examination (IME), your natural first instinct might be to ask the reason why a doctor who does not know you or your medical history and the specifics of your incident is requested to conduct an exam. This type of examination is required under Washington law, can be beneficial to your case.
Typically, IMEs are conducted by doctors medical who are hired by the insurance company of the defendant and aim to provide a different perspective to your injuries. Although they are often referred to 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 granted to a victim who has been injured.
Your Orange County personal injury attorney will ensure that you understand what to expect from an IME and will provide a copy to the doctor of all relevant medical records. Your lawyer will be present during the IME to make sure that the questions asked by the doctor are consistent with your medical records. It is essential to avoid playing around with the severity of your injuries to these doctors, as they are trained to recognize dishonesty and may make use of this information against you at trial.