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. To find out more about your rights under the law, contact an experienced personal injury lawyer.

A personal injury attorney lawyer lawsuit is a civil dispute where the plaintiff is seeking money to cover their losses, including medical bills, lost wages, property damage and other expenses. The process can last from a few months to several years.

Damages

A personal injury lawsuit is a legal action which is filed to force another individual or entity to pay you for the damages that result from an accident. The plaintiff is the one who was injured and the defendants are the ones responsible. Personal injury cases may include cases of wrongful death when someone dies due to negligence or wrongful actions of others.

A victim's damages are typically divided into two categories which are: punitive and compensatory. Compensatory damages are intended to make the victim whole and regain their financial security, which includes out-of-pocket expenses such as medical bills and compensation for suffering and pain. Punitive damages are uncommon and are designed to punish the wrongdoer for extreme conduct.

The first type of damages is usually known as "economic damages." This is the term used to describe the cost of out-of-pocket expenses incurred due to the accident and injuries. This could include hospital bills medical expenses, doctor's charges and physical therapy costs. In certain cases, additional expenses like the cost of travel to and from appointments, or modifications made to your home due to permanent disabilities can be included in a claim.

Non-economic damages are often described as "pain and suffering" damages. These damages are more difficult to quantify, and comprise the emotional distress and mental anguish that an accident can cause. Depending on the severity of your injuries your lawyer for injurys near me can help you estimate the value of these damages. This could be based on the ability to carry out the activities you used to or your loss of a relationship with your family.

Statute of limitations

Under a legal rule called the statute of limitations, anyone who is injured in an accident must bring a lawsuit within a certain time frame or their claim will be rejected by the courts. This is done to prevent evidence from being forgotten or lost, and also to stop people from dragging incident-related litigation out indefinitely.

The exact duration of time is different between states, however personal injury claims generally have a two- to four-year limit. However there are exceptions that could extend the amount of time a victim has 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 only applies to the filing of a lawsuit in court. Insurance claims are typically used to settle injury cases and do not require formal lawsuits. However, it is crucial to give yourself plenty of time to take legal action just in case insurance negotiations don't take place as planned or if there is a problem that cannot be addressed by the insurance system.

A few circumstances can pause the statute of limitations clock however these cases are very rare and have to be analyzed on an individual basis. For instance the statute of limitations may not begin to run until the victim discovers or ought to have realized that their injuries were caused by a negligence, and in some states, such as New York, the statute of limitations differs for claims against municipalities.

Complaint

A personal injury lawsuit is filed by the victim against the person who caused the injury. The plaintiff claims that the defendant violated their duty of care and this breach resulted in damage and losses for the plaintiff. The defendant is then held accountable for the losses.

The complaint is the first document that is filed in a personal injury lawsuit. It includes specific allegations regarding the incident that caused your injuries as well as the damages you want. It also includes the "prayer for relief" that outlines what you would like the court to do. The complaint must be served on the defendant along with a summons which is a notification that they are being sued.

The defendant must respond to the complaint within certain time frames and either accept or deny the allegations contained in the complaint. The defendant may also make a counterclaim against the plaintiff or bring in another defendant as 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 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 attorney must prove that the negligence of the defendant led to your accident. You must be able to prove that you sustained injuries from your accident, and that your injuries are a valid reason for financial compensation.

This can be a long process however, the trial is when you will be able to determine if you'll get the damages you deserve. In a trial before a jury, your lawyer will argue that the defendant is responsible and has to pay for the losses you suffered. The defendant will provide evidence that their actions are unrelated to the accident, which will keep 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 has deadlines set by a court. This is also when your attorney will be discussing the case with the defense.

Preliminary meetings are usually held by a judicial registrar or a member of the court's staff. If the case is handled under New York's Differentiated Case Management Rule, or is otherwise exempt from the Rules All parties are required to be present in person. If a party cannot attend in person, they are able to participate via telephone or on the internet with the permission of the convenor. If your case is going to be 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 - expedited, standard or complex.

Bill of Particulars

After the summons and complaint have been filed, the defendants named in the lawsuit will have between twenty and thirty days (although this time frame may be extended by the court). After the Answer is filed, the case is moved into what is called the discovery phase. In this stage, both parties exchange information through written discovery demands and depositions.

After the discovery process is concluded the attorney representing the plaintiff drafts what is known as a Bill of Particulars. The document is a legal declaration of 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 being made, to help them prepare for trial.

Before a Bill of Particulars can be followed, it must be scrutinized by the court. Generally, the court will only abide by a Bill of Particulars that is not vague or broad. A Bill of Particulars should be limited to the specific negligence that is being claimed and should not add new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ), for example was a case in which the court found that the plaintiff had not been negligent. 1994) the court granted the motion to strike references to intentional and willful acts from a medical negligence claim.

Similarly, the court will not allow introduction of a new doctrine of recovery at a disproportionately late stage in the case. To avoid causing prejudice a late amendment to a Bill of Particulars must be supported by an affidavit which provides a reasonable explanation for the tardiness of the amendment.

Physical Exam

You might be wondering why a doctor, who isn't familiar with you or your medical history and is unfamiliar with the specifics of your incident, would be required to conduct a medical examination. This type of exam is required under Washington law, could be beneficial to your case.

IMEs are typically conducted by doctors employed by the insurance company of the defendant. They are there to offer a different view of your injuries. Although they are often called "independent," these physicians as well as insurance companies have their own agendas and financial stake in reducing the amount of compensation that can be given to a victim of injury.

If you decide to go through an IME, your Orange County personal injury lawyer will ensure that you are aware of what to expect and provide a copy of all relevant medical records for the doctor to look over. 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 essential to not play up or down the severity of your injuries with the doctors, since they are trained to recognize fraud and could make use of this information against you at trial.