What is a Personal Injury Lawsuit?
You could be entitled to compensation if have been injured due to the actions or inactions of someone else. Contact a seasoned personal injury lawyer to find out more about your rights.
A personal injury lawsuit is civil litigation where the plaintiff seeks compensation for their loss. This can include medical bills, lost wages and property damage. The process can take several months to a few years.
Damages
A personal injury lawsuit is a legal action that is used to force another individual or entity to pay you for the damages that result from an accident. The person who is injured is referred to as the plaintiff and the parties accountable are known as defendants. When someone dies as a result of the carelessness or infractions committed by others, wrongful death cases are often included in personal injury lawsuits.
Damages are typically classified into two categories: compensatory and punitive. Compensatory damages include medical bills as well as pain and loss compensation, and other out-of-pocket expenses. Punitive damages, which are very rare and are designed to punish the perpetrator when they have committed a number of extreme acts.
The first type of damages is usually called "economic damages." This covers any out-of-pocket costs resulting from the accident and injuries. This could include doctor's fees, hospital costs and physical therapy expenses. Certain claims could also include additional expenses, such as travel costs to and from appointments or modifications to your home to accommodate a permanent disability.
Non-economic damages can also be referred to by the term "pain and suffer" damages. These damages are harder to quantify, and include the emotional distress and mental stress caused by accidents. Based on the severity of your injuries your lawyer will assist you to place a value on these damages. This could be based on the ability to carry out the things you were previously able to do or your loss of a relationship with family.
Statute of Limitations
A legal requirement, known as the statute of limitations, any person who suffers an injury in an accident must make a claim within a specified time or their claim will be rejected by the courts. This is done to stop evidence from being lost or lost and to stop those who delay bringing litigation related to an incident out for a long time.
The exact duration of time is different between states, however, personal injury claims typically have a two- to four-year time limit. There are certain exceptions to the limit for filing claims. If you need assistance in determining whether your case falls within one of these exceptions, it is recommended to seek legal advice.
The statute of limitations only applies to lawsuits filed in the court. Many cases of injury are resolved through the process of claiming insurance and do not require formal lawsuit filing. It is still important to give yourself enough time to start a lawsuit in the event that insurance negotiations do not go as planned or if a problem arises that cannot be resolved with insurance.
Certain circumstances can stop the clock of the statute of limitations however these cases are rare and generally need to be considered on a case-by-case basis. For instance, the statute of limitations may not begin to run until a victim has discovered or ought to have realized that their injury was caused by someone else's negligent actions, and in certain states, like 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. The plaintiff claims that the defendant breached a duty of care, and that this breach caused harm and losses to the plaintiff and that the defendant is liable for those damages.
The complaint is the initial document that you file in a personal injury case. It contains detailed allegations concerning the incident that led to your injuries as well as the damages you seek. The complaint also contains an "prayer of relief" which outlines what you would like the court to do. The complaint must be served to the defendant with a summons which is a notification that they are being sued.
After the complaint is filed, the defendant has to file an answer to the complaint within a specified timeframe, and may either deny or admit the allegations made in the complaint. The defendant can also file a counterclaim against the plaintiff or introduce another defendant as a third-party defendant.
A successful personal injury lawsuit is built on solid evidence, which includes medical records and witness testimony. We work closely with our clients to gather all relevant information and then include it in the case. The evidence we have will also assist us in negotiate with the defense attorneys or insurance companies to negotiate the most favorable settlement offer.
Preliminary Conference
In a personal injury case, your attorney must prove that the negligence of the defendant caused your accident. You must also prove that you suffered injuries due to your accident and that those injuries warrant financial compensation.
It's not an easy procedure, but it's at the trial that you will be able to determine if you receive the damages you are entitled to. In a trial before a jury, your lawyer will argue that the defendant is responsible and has to pay for your losses. The defendant will argue that their actions are unrelated to the accident, which will prevent them from having to reimburse you for your losses.
You must attend a pre-trial meeting before you can proceed with the trial. This is the first time your case will be subject to deadlines imposed by a court. This is also the time where your attorney will discuss the case with the defense.
Preliminary conferences are usually conducted by a judicial registrar or a member of the court's staff. All parties must attend the initial conference in person unless the case has been handled under the New York's Differentiated Case Management Rule or the Rules are exempted in other ways. However, if a party is unable to attend in person they can participate via telephone or on the internet, with the consent of the convenor. If your case is going to be part of the Differentiated Case Management program, the preliminary conference will be an opportunity to identify whether your case falls into one of the three classifications which are expedited, standard or complex.
Bill of Particulars
After the complaint and summons have been filed, defendants named in the lawsuit will have twenty to thirty days (although this timeframe may be extended by the court). Once the Answer has been filed, the case is moved into the discovery phase. In Palm Coast in the form of written discovery demands and depositions.
After the discovery process is concluded The attorney for the plaintiff prepares what is known as a Bill of Particulars. The document details legal claims and the relief sought - typically the award of damages in cash. The Bill of Particulars is intended to inform the defendant notice of the specific legal claims being made so that they can effectively prepare for trial.
Before a Bill of Particulars can be accepted, it must be examined by the court. In general, a court will only be able to abide by the Bill of Particulars if it is not vague or broad. A Bill of Particulars should be limited to the specific acts of negligence claimed and should not add new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ) for instance was a case where the court concluded that the plaintiff had not been negligent. 1994) the court granted the motion to strike references to willful and intentional acts from a medical malpractice claim.
The court will also not allow a new theory to be added at an point in the action that is unreasonablely late. To avoid prejudice, an amendment made late to a Bill of Particulars must be supported by an affidavit which gives a reasonable explanation for the lateness of this amendment.
Physical Examination
It is possible to ask why a doctor who isn't familiar with you or your medical history and is unfamiliar with the details of your accident, should be asked to conduct a medical examination. This type of exam is required under Washington law, could be beneficial to your case.
IMEs are usually performed by doctors who are employed by the insurer of the defendant. Their goal is to offer a different perspective on your injuries. These doctors, sometimes called "independent" and have their own goals and financial interests in reducing the amount of compensation which can be paid to victims.
Your Orange County personal injury attorney will ensure that you are aware of what you can expect from an IME and will give a copy to the doctor of all pertinent medical records. Your lawyer will also be present at the IME and will ensure that you are examined fairly by ensuring that the doctors ' questions aren't divergent from the ones you have in your medical records. It is essential to not play with the severity of your injuries to these doctors, as they are trained to recognize the deceit and may make use of this information against you at trial.