What is a Personal Injury Lawsuit?
If you've been hurt through the actions or inactions, you could be able to recover compensation. To learn more about your rights under the law, contact an experienced personal injury lawyer.
A personal injury lawsuit is a civil action in which the plaintiff seeks compensation for their losses, which include medical expenses, 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 process to compel a person or entity to pay you compensation for the damage caused by an accident. The plaintiff is the one who was injured and the defendants are accountable. Personal injury cases may include cases of wrongful death when someone dies due to negligence or wrongdoing of others.
Damages are usually 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 are uncommon and designed to punish the offender for extreme behavior.
This category covers all expenses that result from the accident or injury. This could include hospital bills as well as doctor's fees and therapy costs. Certain claims could also include additional costs, like transportation costs to and from appointments or modifications to your home to accommodate a permanent disability.
Non-economic damages can also be described as "pain and suffer" damages. These damages are harder to quantify and include the emotional distress and mental stress that an accident can cause. Your lawyer can help you evaluate these damages based upon the severity of your injuries. This may be based on your ability to do activities you used to or your loss in 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 certain time frame or else their claim will be rejected by the courts. This is to prevent evidence from being lost or forgotten, and to stop people from carrying out litigation related to an incident for a long time.
Norfolk injury attorneys You Tube for filing a claim differs from one state another, but most personal injury claims have a time limit of two to four years. However there are exceptions that could extend the amount of time a victim has to file their claim and they should seek legal advice for assistance in to determine whether or not their case falls within one of the exceptions.
One of the most important aspects of the statute of limitations is that it applies only to the filing of an action in court. Insurance claims are often used to resolve injuries and do not require formal lawsuits. However, it is crucial to give yourself enough time to file a lawsuit in the event that insurance negotiations do not follow the plan or an issue arises that can't be easily addressed through the insurance system.
Certain circumstances can stop the clock of the statute of limitations however, these situations are rare and generally need to be considered on an individual basis. For example, the statute of limitations may not begin to run until a victim has discovered or should have reasonably discovered that their injuries were caused by a negligent actions, and 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 case brought by an injured person against the person or entity that caused the injury. It claims that the defendant breached their duty of care and that the breach caused harm and losses for the plaintiff. The defendant is held responsible for these 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 and the damages you are seeking. The complaint also includes a "prayer of relief" which outlines what you want the court to do. The complaint and summons must be handed over to the defendant.
After the complaint is filed, the defendant is required to respond to the complaint within a specific time period, and they will either admit 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 relies 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 collect will also help us to negotiate with the defendants' attorneys or insurance companies to get the best possible settlement offer.
Preliminary Conference
In a personal injury case your lawyer must show that negligence on the part of the defendant led to your accident. You must also prove you suffered injuries in your accident and that your injuries are worth an amount of money.
It's not an easy process, but it's at the trial that you will find out if you get the compensation you are entitled to. In a trial before a jury, your lawyer will argue that the defendant is responsible and is required to compensate you for your losses. The defendant will provide evidence that their actions are not related to the accident, which will keep them from having to compensate you for your losses.
You must attend a pre-trial conference prior to proceeding with the trial. This is usually the first time that your case will be subject to deadlines set by the Court itself. This is also the time when your attorney will be discussing the issue with the defense.
Preliminary conferences are usually conducted by a judicial register or someone on the court's staff. All participants must attend the preliminary conference in person, unless the case is handled in accordance with New York's Differentiated Case Management Rule or the Rules are otherwise exempted. If, however, a person is unable to attend in person they may take part via phone or online with the permission of the convenor. If your case is scheduled to be part of the Differentiated Case Management program, the preliminary conference will be a chance to determine whether your case falls under one of the three classifications - expedited, standard or complex.
Bill of Particulars
After a summons or complaint are filed, the defendant parties who are named in the lawsuit have the option of having twenty or thirty days to file an Answer (although this deadline may be extended with the court's consent). After the Answer is filed, the matter moves into the discovery phase. During this phase both parties exchange information through written discovery demands and depositions.
Following the conclusion of discovery, the plaintiff's attorney prepares what is called a Bill of Particulars. The document details legal claims 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 made, to help them prepare for trial.
Before a Bill of Particulars can be accepted, it must be examined by the court. In general, courts will only abide by 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. For instance in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. In 1994, the court affirmed a motion to strike the reference to willful or deliberate acts in a medical malpractice case.
The court will not permit the introduction of a new doctrine of recovery at an unreasonable late point in the action. In order to avoid resultant prejudice, a belated amendment to the Bill of Particulars should only be permitted if supported by an affidavit offering an acceptable explanation for the delay in the amendment.
Physical Examination
If a defense attorney or insurance company demands that you take part in an Independent Medical Examination (IME) Your first reaction might be to ask why a doctor who does not know you and your medical history and the details of your injury is asked to conduct an exam. However, this kind of exam is actually required under Washington law, and it can be helpful in your case.
Typically, IMEs are conducted by doctors medical who are hired by the insurance company representing the defendant and their goal is to offer an alternative view of your injuries. These doctors, often referred to as "independent", have their own goals and financial interests in reducing the amount of compensation that can be paid to victims.
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 aware of 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 posed by the doctor are in accordance with your medical records. You should not downplay or exaggerate the severity of your injuries to these doctors. They are trained to detect dishonesty, and could utilize this information in court.