What is a Personal Injury Lawsuit?
You may be entitled to compensation if you were injured as a result of the actions or inactions of someone else. Contact a seasoned personal injury attorney to learn more about your rights.
A personal injury lawsuit is civil litigation in which the plaintiff seeks compensation for their losses. This can include medical bills as well as lost wages and property damage. The process can last between a few months and several years.
Damages
A personal injury lawsuit is a process to force another person or entity to pay compensation for the damage caused by an accident. The plaintiff is the injured party, and the defendants are responsible. Personal injury cases can include wrongful death claims when someone dies because of the inattention or negligence of others.
Damages are usually classified into two categories: compensatory and punitive. Compensatory damages are meant to ensure that the victim is completely for good, including out-of-pocket costs such as medical expenses and compensation for suffering and pain. Punitive damages are rare and are intended to penalize the offender for extreme behavior.
The first category of damages is often referred to as "economic damages." This includes all out-of-pocket expenses associated with the accident or injury. These could include hospital bills, doctor's fees and physical therapy costs. Some claims could also cover additional costs, like transportation costs to and from appointments, or the need to modify your home to accommodate a permanent disability.
Non-economic losses are often referred to as "pain and suffering" damages. These damages are difficult to quantify and include the emotional stress and mental stress caused by accidents. Depending on the extent of your injuries, your lawyer will assist you to determine the value of the damages. This might be based on your ability to continue enjoying the activities you were previously able to enjoy or your loss of connection with family members.
Statute of limitations
A legal principle known as the statute of limitations obliges anyone injured in an accident should file an action before a specific date or their claim will be dismissed. This is to prevent evidence from being lost or forgotten and to stop people from carrying out litigation relating to incidents for an indefinite period.
The exact duration of the time limit is different from one state to another, but most personal injury lawsuits have a time limit of between two and four years. However there are exceptions that could extend the amount of time that a victim must file their claim and they should seek legal advice when determining 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 court. Insurance claims are usually used to resolve injuries and do not require formal lawsuits. It is still important to give yourself enough time to file a lawsuit in the event that negotiations with insurance don't go as planned, or if a problem occurs which cannot be resolved through insurance.
A few circumstances can pause the statute of limitations clock however, these situations are rare and generally need to be considered on an individual case-by-case basis. The statute of limitations may not be established until the victim discovers or should have known that the injury was caused by someone else's negligence. In certain states, like New York, it is different for claims made 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 claims that the defendant breached the duty of care, and that the breach caused harm and loss to the plaintiff, and that the defendant is accountable for the losses.
The first document filed with a personal injury lawsuit is known as the complaint. It includes specific allegations regarding the incident that caused your injuries. It also outlines the damages you are seeking. The complaint also includes a "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 notice that they are being sued.
The defendant must respond to the complaint within specific time limits and either admit or deny the allegations made in the complaint. The defendant can also file a counterclaim, or add a third party defendant to the case as third party defendant.
A successful personal injury lawsuit is built on solid evidence, such as medical documents and witness testimony. We work closely together with our clients to collect the relevant information and incorporate it in the case. The evidence can also help us negotiate with the defendant's attorneys or insurance representatives to get the best settlement possible.
Preliminary Conference
In a personal-injury case, your lawyer must prove that negligence on the part of the defendant caused your accident. You must also prove you were injured in your accident and that these injuries are worthy of financial compensation.
This can be a long process, but the trial is when you can finally determine whether you'll be awarded the damages you're entitled to. In the trial before jurors, your lawyer will argue the defendant's liability and that they must pay for your losses. The defendant will provide evidence to prove that their actions were unrelated to the accident. This will prevent the defendant from paying for your losses.
You must attend a pre-trial discussion prior to proceeding with the trial. This is the first time that your case is subject to deadlines set by a judge. This is also the time when your attorney will be discussing the issue with the defense.
Preliminary meetings are usually held by a judicial register or a member of the court's staff. If Albany injury lawsuits is handled in accordance with New York's Differentiated Case Management Rule, or otherwise exempted from the Rules the parties are required to be present in person. If a party is unable to attend in person, the convenor is able to permit them to participate via phone or via the internet. If your case is going to be a part of the Differentiated Case Management program, an initial conference can be a chance to determine whether your case falls into one of the three categories which are expedited, standard or complex.
Bill of Particulars
After a complaint and summons are filed, the defendant parties identified in the lawsuit are given the option of having twenty or thirty days to file an Answer (although this deadline may be extended if the court gives permission). After the Answer has been filed, the matter moves into the discovery phase. In this phase both sides exchange information in the form of written demands for discovery and depositions.
The plaintiff's lawyer prepares the Bill of Particulars at the end of discovery. This document outlines legal 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, to help them prepare for trial.
The court must look over a Bill of Particulars before it is able to be followed. 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 must not include new claims. For instance in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. In 1994, the court affirmed the motion to strike all references to intentional or willful acts in a medical malpractice case.
The court will not allow a new doctrine to be added at an stage in the litigation that is unreasonablely late. To avoid adverse consequences, a late amendment to the Bill of Particulars should only be allowed when supported by an affidavit stating a reasonable excuse for the lateness of the amendment.
Physical Examination
If a defense attorney or insurance company requests that you attend an Independent Medical Examination (IME), your natural first instinct might be to ask the reason a doctor who may not know you or your medical history and the specifics of your accident is being asked to conduct an exam. However, this type of examination is actually required under Washington law and could be beneficial in your case.
Typically, IMEs are conducted by medical doctors who are employed by the insurance company representing the defendant and aim to provide a different view of your injuries. Although they are sometimes described as "independent," these physicians as well as insurance companies - have their own agenda and financial stake in decreasing the amount of compensation that could be granted to a victim who has been injured.
Your Orange County personal injury attorney will ensure that you are aware of what to expect from an IME and will give the doctor with a copy of all 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 to the doctors, since they are trained to spot dishonesty and may use this information against you in trial.