What is a Personal Injury Lawsuit?
You could be entitled to compensation if were injured as a result of the actions or inactions of a third party. Contact a knowledgeable 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, including medical bills, lost wages, damages to property and other expenses. The process can take anywhere from several months to several years.
Damages
A personal injury lawsuit is a legal proceeding that is used to force another individual or entity, to pay you for damages resulting from an accident. The party who suffered the injury is known as the plaintiff and the parties responsible are referred to as defendants. If someone dies as the result of carelessness or infractions committed by others, wrongful death cases are often included in personal injury lawsuits.
The damages a victim suffers are usually divided into two categories which are: punitive and compensatory. Compensatory damages include medical bills as well as pain and suffering compensation, and other out of pocket expenses. Punitive damages are rare and designed to punish the offender for extreme behavior.
This category includes all expenses incurred as a result of the injury or accident. These may include hospital expenses medical expenses, doctor's charges and physical therapy costs. Certain claims could also include additional costs, like transportation costs to and from appointments or modifications to your home to accommodate a disability that is permanent.
Non-economic losses are often referred to as "pain and suffering" damages. They are more difficult to quantify and are a result of the mental and emotional stress, anxiety and suffering caused by accidents. Depending on the severity of your injuries your lawyer can help you estimate the value of these damages. This may be based on your ability to do things you were previously able to do or your loss of a relationship with family.
Statute of Limitations
Under a legal rule called the statute of limitations, any person who suffers an injury in an accident must bring a lawsuit within a certain time frame or else their claim will be rejected by the courts. This is to prevent evidence from being lost or lost in the shuffle and to prevent people from dragging out litigation relating to incidents for an indefinite period.
The exact duration of the time limit differs from one state another, but most personal injury claims have a limit of two to four years. However, there are exceptions that could extend the time required for a victim to make a claim, and they should seek legal advice for help to determine whether or not their case falls within one of these exceptions.
A key aspect of the statute of limitations is that it applies only to the filing of an action in a court. Insurance claims are typically 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 negotiations with insurance aren't as smooth as you had hoped, or if there is a problem 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 limitations might not be established until the victim is aware or should have known that the injury was caused by someone else's negligence. In some states, like New York, it is different for claims made against municipalities.
Complaint
A personal injury lawsuit is a civil case filed by an injured party against the person or entity who caused the injury. It alleges that the defendant breached a duty of care, that this breach caused harm and losses to the plaintiff, and that the defendant is accountable for the damages.
The first document you file with a personal injury lawsuit is called the complaint. It contains detailed allegations about the incident that led to your injuries. It also outlines the damages you're seeking. The complaint also contains a "prayer of relief" which describes what you want 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 submit an answer to the complaint within a specific timeframe, and must either accept or deny the allegations in the complaint. The defendant can also file a counterclaim against the plaintiff or bring in another defendant as a third-party defendant.
A successful personal injury lawsuit depends on solid evidence such as medical records and testimony from witnesses. 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 the defense lawyers or insurance agents to get the best possible settlement offer.
Preliminary Conference
In a personal injury lawsuit your lawyer must demonstrate that the defendant's negligence caused your accident. You must also prove that you were injured in your accident and that the injuries are worthy of an amount of money.
This could be a long process, but the trial is where you can finally determine whether you'll get the damages you deserve. In the trial before jurors, your lawyer will argue for the defendant's liability and that they must compensate you for your losses. The defendant will present evidence that their actions are unrelated to the accident, which will prevent them from having to pay you for your losses.
You must attend a pre-trial conference prior to proceeding with the trial. This is the first time your case has deadlines set by a judge. It is also the time that your lawyer will discuss the case with the defense.
A judicial registrar, or an individual of the court staff usually conducts preliminary conferences. All parties must attend the initial conference in person, unless the case is handled under the New York's Differentiated Case Management Rule or the Rules are otherwise exempted. If a party is not able to attend in person, the convenor is able to permit them to attend via phone or via the internet. If your case is to be a part of the Differentiated Case Management program, a preliminary conference will also be an opportunity to identify whether your case falls within one of the three classifications which are expedited, standard or complex.
Bill of Particulars
After the complaint and summons are filed, the defendants named in the lawsuit will have between twenty and thirty days (although this timeframe can be extended by the court). Once the Answer has been filed, the case moves into the discovery phase. During this time, both sides exchange information in the form of written demands for discovery and depositions.
The lawyer of the plaintiff drafts a Bill of Particulars at the conclusion of the discovery. This document outlines the legal claims being made and the relief requested - typically an award of money damages. The Bill of Particulars is intended to put the defendant on notice of the specific legal claims being filed so that he or she can prepare effectively for trial.
Before Houston injury attorneys You Tube of Particulars can be followed, it has to be scrutinized by the court. Generally speaking, the court will only comply with a Bill of Particulars that is not vague or overly broad. A Bill of Particulars should be limited to the specific acts of negligence being asserted and should not include new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ) for instance was a case where the court ruled that the plaintiff had not been negligent. 1994) The court ruled in favor of the motion to strike all references to willful and intentional actions from a medical malpractice claim.
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 a late amendment to a Bill of Particulars must be supported by an affidavit that provides a reasonable explanation for the tardiness of the amendment.
Physical Examination
If a defense attorney, or an insurance company demands that you attend 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 particulars of your injury is asked to conduct an exam. However, this type of examination is actually required under Washington law and can be helpful to your case.
Typically, IMEs are conducted by medical doctors who are employed by the insurance company representing the defendant and their aim is to offer a different view of your injuries. While they are sometimes described as "independent," these physicians - just like the insurance companies have their own agendas and financial motives in cutting down on the amount of compensation that could be given to a victim of injury.
If you choose to undergo an IME the Orange County personal injury lawyer will ensure that you are aware of what to expect and provide copies of all relevant medical records to the doctor to review. Your lawyer will also be present at the IME and can ensure that you are examined in a fair manner by ensuring that the questions of the doctor do not diverge from those in your medical records. You should not downplay or exaggerate the severity of your injury to the doctors. They are trained to spot dishonesty, and could use this information at trial.