What is a Personal Injury Lawsuit?
If you've been hurt due to another's actions or inactions, you could be eligible for compensation. To find out more about your rights under the law get in touch with a seasoned personal injury lawyer.
A personal injury lawsuit is a civil action where the plaintiff is seeking money to compensate for their losses, including medical bills, lost wages, damages to property and other expenses. The process can last from several months to several years.
Damages
A personal injury lawsuit is an action to compel a person or entity to pay you compensation for the damages resulting from an accident. The plaintiff is the victim and the defendants are the parties accountable. Personal injury cases can include the wrongful death of a person who dies due to negligence or wrongdoing of others.
A victim's damages are typically divided into two categories that are punitive and compensatory. Compensatory damages include medical bills, pain and suffering compensation and other out-of pocket expenses. Punitive damages, which are very rare and are designed to punish the perpetrator when they have committed a number of extreme actions.
This category covers all costs that result from the accident or injury. This could include doctor's fees, hospital costs and physical therapy expenses. Some claims could also cover additional costs, like the cost of travel to and from appointments, or the need to modify your home to accommodate a permanent disability.
Non-economic damages can also be described as "pain and suffer" damages. These are more difficult to quantify and include the mental and emotional stress, anguish and suffering that an accident can cause. Based on the severity of your injuries, your lawyer can help you determine the value of these damages. This could be based on your capacity to continue enjoying the activities you previously enjoyed or your loss of connection with family members.
Statute of Limitations
A legal requirement known as the statute of limitations requires that anyone who is injured in an accident should file an action before a specific date or their claim will be dismissed. This is to stop evidence from being lost or lost and to stop individuals from dragging litigation relating to incidents out for a long time.
The exact time frame differs between states, however personal injury claims generally have a two- to four-year limitation. However, there are exceptions that may extend the amount of time required for a victim to submit their claim. They should seek legal advice for assistance in to determine if their case falls within one of the exceptions.
A key aspect of the statute of limitations is that it applies only to the filing of a lawsuit in a court. Many injury cases are resolved through the process of claiming insurance and do not require a formal lawsuit filing. It is nevertheless important to allow yourself enough time to file a lawsuit in the event that insurance negotiations do not go as planned or if a problem arises that cannot be resolved with insurance.
A few circumstances can pause the statute of limitations clock however these cases are extremely rare and need to be analyzed on a case-by-case basis. For instance, the statute of limitations might not start to run until a victim discovered or reasonably should have discovered that their injury was caused by a negligent actions. 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 initiated by a victim against the person or entity who caused the injury. It alleges that the defendant violated the duty of care, and that this breach caused harm and losses to the plaintiff and that the defendant is liable for those damages.
The first document filed in a personal injury lawsuit is known as the complaint. It contains detailed allegations about the incident that caused your injuries. It also lists the damages you're seeking. The complaint also contains an "prayer of relief" which outlines what you would like the court to do. The complaint and summons must be delivered to the defendant.
After the complaint is filed, the defendant has to file an answer to the complaint within a certain timeframe, and must either accept or deny the allegations made in the complaint. The defendant may also bring a counterclaim against plaintiff or bring in a different defendant as a third-party defendant.
A successful personal injury lawsuit is based on solid evidence, which includes medical records and witness testimony. We work closely with our clients to collect all relevant information and include it in the case. The evidence we collect can also assist us to negotiate with the defendants' attorneys or insurance agents to negotiate the most favorable settlement offer.
Preliminary Conference
In a personal injury lawsuit the attorney for you must prove that the negligence of the defendant led to your accident. You must be able to prove that you sustained injuries due to your accident and that your injuries are a valid reason for financial compensation.
It can be a lengthy procedure, but it's at the trial that you'll finally know if you will be awarded the compensation you are entitled to. In a jury trial your lawyer will argue that the defendant is accountable and is required to compensate you for the losses you suffered. The defendant will argue that their actions are not related to the accident, which prevents them from having to reimburse you for your losses.
Before you can proceed to trial you must attend a preliminaries conference. This is the first time your case will be subject to deadlines imposed by a judge. This is also the time when your attorney will be discussing the matter with the defense.
Fullerton injury attorney , also known as an individual of the court's staff, typically holds preliminary conferences. All parties must attend the preliminary conference in person unless the case has been handled in accordance with the New York's Differentiated Case Management Rule or the Rules are exempted in other ways. If a party cannot attend in person, they are able to take part via phone or online with the permission of the convenor. If your case will be part of the Differentiated Case Management Program, the initial meeting provides an opportunity to determine whether your case falls within one of three categories: complicated or expedited standard.
Bill of Particulars
After the complaint and summons have been filed, defendants named in the lawsuit will have twenty to thirty days (although this deadline may be extended by the court). Once the Answer is filed, the case is moved into what is called the discovery phase. In this period the parties 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 the discovery. This document outlines the legal claims being made 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.
Before a Bill of Particulars can be followed, it has to be examined by the court. In general, the court will only be able to abide by a Bill of Particulars if it is not vague or overbroad. A Bill of Particulars should be limited to the specific negligence that is being asserted and should not include new claims. For example in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. In 1994, the court upheld the motion to strike out references to intentional or willful actions in a medical malpractice case.
The court will not allow a new theory to be introduced at a stage in the litigation that is unreasonablely late. In order to avoid resultant prejudice, a belated amendment to the Bill of Particulars should only be allowed if accompanied by an affidavit offering an acceptable explanation for the lateness of the amendment.
Physical Exam
When a defense attorney or insurance company demands that you take part in an Independent Medical Examination (IME) the first reaction may be to question the reason a doctor who may not know you and your medical history and the details of your incident is requested to conduct an exam. However, this kind of exam is actually an obligation under Washington law, and could be beneficial to your case.
Typically, IMEs are conducted by doctors medical who are hired by the insurance company of the defendant and their goal is to provide a different perspective to your injuries. These physicians, who are often referred to as "independent" and have their own agendas and financial stakes in reducing the amount of compensation which can be given to victims of injuries.
Your Orange County personal injury attorney will ensure that you are aware of what to expect from an IME and will give an IME doctor with a copy of the relevant medical records. Your lawyer will also be present at the IME and can ensure that you are being examined fairly by ensuring that the questions of the doctor do not diverge from the ones in your medical records. It is important to avoid playing up or down the severity of your injuries with the doctors, since they are trained to recognize the deceit and may use this information against you in trial.