What is a Personal Injury Lawsuit?
If you have been injured due to another's actions or inactions, you could be eligible for compensation. Contact a knowledgeable personal injury attorney to learn more about your rights.
A personal injury lawsuit is a civil litigant in which the plaintiff seeks compensation for their losses. This includes medical bills as well as lost wages and property damage. The process can last from a few months to several years.
Damages
A personal injury lawsuit is a legal proceeding 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 the parties responsible. If someone dies as the result of the negligence or wrongdoing by others, wrongful death cases are often included in personal injury claims.
A victim's damages are typically divided into two categories that are punitive and compensatory. Compensation damages can include medical bills, pain and suffering compensation, and other out of pocket expenses. Punitive damages, which are very rare, are meant to punish the perpetrator for committing extreme actions.
The first category of damages is often called "economic damages." This covers any out-of-pocket costs resulting from the accident or injury. These could include hospital bills medical expenses, doctor's charges and physical therapy costs. In some instances additional expenses, such as the cost of travel to and from appointments, or modifications made to your home for permanent disabilities could be included in the claim.
Non-economic damage can also be referred to by the term "pain and suffer" damages. These damages are more difficult to quantify, and they comprise the emotional distress and mental anguish that accidents can cause. Depending on the severity of your injuries, your lawyer can help you estimate the value of the damages. It could be based on the ability to continue enjoying the activities you used to do or your loss of consortium 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 specified time or their claim will be dismissed by the courts. This is to stop evidence from being lost or lost, and also to stop people from dragging incident-related litigation out for an indefinite period.
The time frame for filing a claim varies from one state to another, but most personal injury lawsuits have a time 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 determining whether or not their case falls within one of these exceptions.
The statute of limitations applies only to lawsuits that are filed in the court. Many injury cases are resolved through the process of filing an insurance claim and do not require formal lawsuit filing. Marietta injury lawsuit 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 occurs that cannot be resolved with insurance.
Certain circumstances can stop the clock on the statute of limitations however these cases are rare and generally need to be analyzed on an individual basis. The statute of limitations may not begin 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 a civil case filed by an injured party against the person or entity that caused the injury. It claims that the defendant violated their duty of care and that this breach resulted in damage and losses for the plaintiff. The defendant is then held responsible for these damages.
The complaint is the initial document filed in a personal injury case. It includes specific allegations regarding the incident that caused your injuries as well as the damages you want. The complaint also includes a "prayer of relief" which outlines what you want the court to do. The complaint must be served on the defendant along with a summons that is a notice that they are being sued.
After the complaint is filed, the defendant has to respond to the complaint within a certain timeframe, and must either accept or deny the allegations in the complaint. The defendant can also file a counterclaim, or add a third party defendant to the case by naming a third party defendant.
A successful personal injury lawsuit is based on solid evidence including medical documents and testimony from witnesses. We work closely with our clients to gather all relevant information and then include it in the case. The evidence can also help us negotiate with the attorney for the defendant or insurance agents to obtain the most favorable settlement offer.
Preliminary Conference
In a personal injury case, your attorney must prove that the negligence of the defendant led to your accident. You must also prove that you suffered injuries due to your accident and that the injuries you sustained are worthy of financial compensation.
It can be a lengthy process, but the trial is when you will be able to determine if you'll receive the compensation you deserve. In a trial before a jury, your lawyer will argue that the defendant is liable 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.
Before proceeding to trial you must attend a preliminaries conference. This is often the first time your case will be subject to deadlines established by the Court itself. This is also the time that your lawyer will discuss the case with the defense.
Preliminary meetings are usually held by a judicial register or an individual from the court's staff. If the case is handled by New York's Differentiated Case Management Rule, or otherwise exempted from the Rules All parties are required to attend in person. However, if a party is unable to attend in person, they may take part via phone or online, with the consent of the convenor. If your case is scheduled to be part of the Differentiated Case Management program, an initial conference can be an opportunity to identify whether your case falls within one of the three categories - expedited, standard or complex.
Bill of Particulars
After the summons and complaint have been filed, the defendants named in the lawsuit will be given between twenty and thirty days (although this time frame can be extended by the court). Once the Answer is filed, the case is moved into what is called the discovery phase. During this phase, both parties exchange information through written demands for discovery and depositions.
The plaintiff's lawyer prepares the Bill of Particulars at the end of the discovery. The document is a legal declaration of claims and the relief sought - usually the award of damages in cash. The Bill of Particulars is meant to inform the defendant of the specific legal claims made, so that they can prepare for trial.
Before a Bill of Particulars can be accepted, it must be scrutinized by the court. In general, the court will only accept a Bill of Particulars if it is not vague or broad. A Bill of Particulars should be limited to the specific negligence that is being claimed and should not contain new claims. For example, in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. In 1994, the court upheld the motion to strike all the reference to willful or deliberate acts in a medical negligence case.
The court will also not allow a new doctrine to be added at an stage in the litigation that is unreasonably late. To avoid negative consequences, an amendment made late to the Bill of Particulars should only be allowed when supported by an affidavit that provides an adequate explanation for the lateness of the amendment.
Physical Examination
If a defense attorney, or an insurance company asks you to attend an Independent Medical Examination (IME) the first reaction may be to question the reason why a doctor who does not know you, your medical history, and the particulars of your incident is requested to conduct an exam. But, this type of examination is actually a requirement under Washington law, and can be helpful in your case.
Typically, IMEs are conducted by doctors medical who are hired by the defendant's insurance company and aim to offer a different perspective to your injuries. These doctors, who are sometimes referred to as "independent", have their own goals and financial interests in reducing the compensation that is given to victims of injuries.
Your Orange County personal injury attorney will ensure that you understand what you can expect from an IME and will give an IME doctor with a copy of the relevant medical records. Your lawyer will be present during the IME to ensure that the questions asked by the doctor are in line with your medical records. It is important to not play around with the severity of your injuries with these doctors, as they are trained to spot the deceit and may utilize this information against you at trial.