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 a third party. Contact a knowledgeable personal injury attorney to learn more about your rights.
A personal injury lawsuit is a civil dispute in which the plaintiff seeks money to compensate for their losses, such as medical bills, lost wages damages to property and other expenses. The process can run from a few months to several years.
Damages
A personal injury lawsuit is a legal proceeding to compel another person or entity to pay money for damages related to an accident. The plaintiff is the victim, and the defendants are the parties accountable. Personal injury cases can also include wrongful death claims when someone dies because of the 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 help the victim get back on track again, including out-of-pocket expenses such as medical expenses and compensation for pain and suffering. Punitive damages are uncommon and are designed to punish the offender for extreme behavior.
The first type of damages is typically known as "economic damages." This includes any out-of-pocket costs resulting from the accident or injury. These might include doctor's bills as well as hospital expenses and physical therapy costs. In certain cases other expenses such as the cost of travel to and from appointments or changes to your home to accommodate permanent disabilities could also be included in an insurance claim.
Non-economic losses are often called "pain and suffering" damages. Racine injury attorneys YouTube are harder to quantify, and include the emotional stress and mental anguish that accidents can cause. Based on the severity of your injuries, your lawyer will help you estimate the value of these damages. This could be based on your ability to continue enjoying the activities you used to do or your loss of connection with family members.
Statute of Limitations
A legal requirement known as the statute of limitation requires that anyone who is injured in an accident should file a lawsuit before a certain date or else the claim will be dismissed. This is done to stop evidence from being forgotten or lost, and also to stop those who delay bringing litigation related to an incident out for a long time.
The exact length of time for filing a claim varies between states, however, personal injury claims typically have a two- to four-year time limit. There are some exceptions to the time to file an injury claim. If you need help to determine if your claim falls within one of these exceptions, it is recommended to seek legal advice.
A key aspect of the statute of limitations is that it only applies to the filing of an action in a court. Insurance claims are often used to settle injury cases and do not require formal lawsuits. However, it is important to allow yourself plenty of time to file a lawsuit in the event that insurance negotiations fail to take place as planned or if an issue arises that cannot be addressed by the insurance system.
Certain circumstances may stop the clock on the statute of limitations, however they are not common and have to be assessed on a case-by-case basis. The statute of limitation may not be established until the victim discovers or should have known that the injury was caused by another's negligence. In some states, like New York, it is different 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 breached 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 initial document filed in a personal injury lawsuit. It contains detailed allegations concerning the incident that led to your injuries and the damages you seek. The complaint also contains an "prayer of relief" that outlines what you want the court to do. The summons and complaint should be handed over to the defendant.
After the complaint is filed, the defendant is required to file an answer to the complaint within a specified time frame, and must either accept or deny the allegations in the complaint. The defendant may also file a counterclaim or add a third party defendant to the case by naming a third party defendant.
A successful personal injury lawsuit relies on solid evidence, including medical documents and testimony from witnesses. We work closely with our clients to ensure that all relevant information is gathered and included in the case. The evidence we gather can also assist us to negotiate with defendants' attorneys or insurance companies to negotiate the most favorable settlement offer.
Preliminary Conference
In a personal injury case your lawyer must show that negligence on the part of the defendant caused your accident. You must also prove that you suffered injuries from your accident, and that the injuries you sustained are worthy of financial compensation.
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 the case of a trial before the jury your lawyer will argue the defendant's liability and that they must be held accountable for your losses. The defendant will present evidence that their actions are not related to the accident, which will prevent them from having to reimburse you for your losses.
Before you can proceed to trial, you must attend a preliminaries conference. This is usually the first time your case will have deadlines that are set by the Court itself. This is also when your attorney will discuss the matter with the defense.
A judicial registrar, also known as an official of the court staff typically holds preliminary conferences. All participants must attend the preliminary conference in person, unless the case is handled under the New York's Differentiated Case Management Rule or the Rules are otherwise exempted. If a party is not able to attend in person, the convenor is able to permit them to attend via phone or via the internet. If your case is scheduled to be a part of the Differentiated Case Management program, the preliminary conference will be a chance to determine whether your case falls into one of the three categories - expedited, standard or complex.
Bill of Particulars
After the complaint and summons have been filed, the defendants named in the lawsuit will have between twenty and thirty days (although this time frame can be extended by the court). Once the Answer is filed, the case moves into what is called the discovery phase. During this time the parties exchange information in the form of written discovery demands and depositions.
Following the conclusion of discovery The attorney for the plaintiff prepares what is called a Bill of Particulars. The document details the legal claims being made and the relief sought, usually the award of damages in cash. The Bill of Particulars is intended to put the defendant on notice of the specific legal claims being filed so that he or she can effectively prepare for trial.
The court must review a Bill of Particulars before it is able to be followed. Generally, the court will only accept a Bill of Particulars that is not vague or broad. A Bill of Particulars must only include the specific acts of negligence that are being asserted, and not add any new claims. For example in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. 1994) the court granted a motion to strike all references to intentional and willful actions from a medical malpractice claim.
The court will not allow a new theory to be added at an stage in the litigation that is unreasonablely late. To avoid adverse consequences, a late amendment to a Bill of Particulars should only be permitted if supported by an affidavit that provides a reasonable excuse for the lateness of the amendment.
Physical Exam
If a defense attorney or insurance company demands that you take part in an Independent Medical Examination (IME) the first reaction could be to wonder why a doctor who does not know you, your medical history, and the details of your injury is asked to conduct an exam. This type of exam, which is required by Washington law, can be beneficial to your case.
Typically, IMEs are conducted by doctors medical who are hired by the defendant's insurance company and their aim is to provide a different perspective on your injuries. These doctors, sometimes called "independent" are able to have their own agendas and financial interests in reducing the amount of compensation that is paid to victims.
Your Orange County personal injury attorney will ensure that you understand what to expect from an IME and will give an IME doctor with a copy of all relevant medical records. Your lawyer will also be present at the IME and will make sure that you are examined with respect and courtesy by ensuring that doctors questions do not deviate from the ones in your medical records. It is essential to avoid playing with the severity of your injuries with the doctors, since they are trained to spot fraud and could utilize this information against you at trial.