What is a Personal Injury Lawsuit?
You could be entitled to compensation if have been injured due to the actions or inactions of a third party. Contact a seasoned personal injury lawyer to find out more about your rights.
A personal injury lawsuit is a civil dispute in which the plaintiff seeks money to compensate for their losses, including medical bills, lost wages damages to property and other expenses. The process can take several months to a few years.
Damages
A personal injury lawsuit is a legal process which is filed to force another individual or entity to pay you for the damages that result from an accident. The person who is injured is referred to as the plaintiff while the parties responsible are referred to as defendants. If someone dies as a result of carelessness or infractions committed by others, wrongful death cases are often included in personal injury lawsuits.
Damages are usually classified into two categories: punitive and compensatory. Compensation damages are based on medical bills as well as pain and suffering compensation and other out-of pocket expenses. Punitive damages, which are rare and are designed to punish the wrongdoer if they have committed extreme acts.
The first type of damages is typically referred to as "economic damages." This is the term used to describe any out-of-pocket costs resulting from the accident or injury. These may include hospital expenses medical expenses, doctor's charges and physical therapy costs. Certain claims could also include additional expenses, such as transportation costs to and from appointments or modifications to your home to accommodate a disability that is permanent.
Non-economic damages can also be described as "pain and suffer" damages. They are more difficult to quantify and involve the emotional distress, mental anxiety and suffering that an accident can cause. Your lawyer can help you value these damages based on the severity of your injury. This may be based on your ability to do activities you used to or your loss of consortium with your family.
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 their claim will be dismissed. This is to safeguard evidence from being lost or forgotten, and to stop people from drag out litigation related to an incident for a long time.
The exact duration of the time limit varies from one state to another, but the majority of personal injury lawsuits have a time limit of between two and four years. There are some exceptions to the time period for filing a claim. If you need help in determining whether your case falls under 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 court. A majority of injuries cases are resolved through the insurance claim process and do not require formal lawsuit filing. However, Redding injury lawsuit is important to leave yourself enough time to pursue legal action just in case insurance negotiations do not take place as planned or if there is a problem that cannot be resolved through the insurance system.
Certain circumstances can stop the clock on the statute of limitations, but they are rare and need to be assessed on a case-by-case basis. The statute of limitations might not be established until the victim discovers or should have known that the injury was caused by another's negligence. In some states, such as 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 who caused the injury. It alleges 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 you file 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 the "prayer of relief" which outlines what you want the court to do. The summons and complaint should be delivered to the defendant.
The defendant must respond to the complaint within a set of time frames and either accept or deny the allegations contained in the complaint. The defendant may also file a counterclaim, or add a third party defendant to the case by naming third party defendant.
A successful personal injury lawsuit is based on solid evidence, which includes medical records and witness testimony. We collaborate closely with our clients to ensure that all relevant information is gathered and included in the case. The evidence will also help us negotiate with the attorney for the defendant or insurance representatives to get the most favorable settlement offer.
Preliminary Conference
In a personal injury lawsuit, your attorney must prove that the negligence of the defendant caused your accident. You must also prove that you suffered injuries from your accident, and that those injuries warrant financial compensation.
It's not an easy process, but it is at the trial that you'll find out if you be awarded the compensation you are entitled to. In the trial before the jury your lawyer will argue that the defendant is at liability and that they must pay for your losses. The defendant will present evidence that their actions are unrelated to the accident, which prevents them from having to pay you for your losses.
You must attend a pre-trial conference prior to proceeding with the trial. This is the first time that your case has deadlines set by a court. It is also the time that your attorney will discuss the case with the defense.
Preliminary conferences are usually conducted by a judicial register or a member of the court's staff. Unless the case is handled under the New York's Differentiated Case Management Rule, or otherwise exempted from the Rules the parties are required to attend in person. However, if a party is unable to attend in person they are able to take part via phone or online with the approval of the convenor. If your case will be part of the Differentiated Case Management Program, the initial meeting provides an opportunity to determine if your case falls within one of three categories namely expedited standard or complex.
Bill of Particulars
After the complaint and summons have been filed, defendants named in the lawsuit will have between twenty and thirty days (although this time frame can be extended by the court). When the Answer is filed, the case moves into what is called the discovery phase. During this phase the parties exchange information via written demands for discovery and depositions.
Following the conclusion of discovery the attorney representing the plaintiff drafts what is called a Bill of Particulars. 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, 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 abide by the Bill of Particulars if it is not vague or overbroad. A Bill of Particulars should be limited to the specific acts of negligence claimed and should not contain new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ), for example, was a case where the court concluded that the plaintiff had not been negligent. 1994) The court ruled in favor of a motion to strike all references to intentional and willful acts from a medical malpractice claim.
The court will not allow a new doctrine to be introduced at an point in the case that is unreasonablely late. To avoid causing prejudice a late amendment to the Bill of Particulars must be supported by an affidavit which gives a reasonable explanation of the tardiness of the amendment.
Physical Exam
It is possible to ask the reason why a doctor, who doesn't know you, or your medical history and isn't familiar with the details of your accident, should be asked to conduct a medical exam. But, this type of exam is actually a requirement under Washington law, and it can be helpful in your case.
IMEs are typically conducted by doctors hired by the insurer of the defendant. Their aim is to provide an alternative view of your injuries. These doctors, who are often referred to as "independent", have their own agendas and financial stakes in reducing the compensation that is given to victims of injuries.
If you decide to undergo an IME, your Orange County personal injury lawyer will ensure that you are well-informed about what to expect and will provide copies of all relevant medical records to the doctor to examine. Your lawyer will also be present at the IME and can ensure that you are being examined fairly by ensuring that the doctors ' questions aren't divergent from the ones in your medical records. Do not underplay or exaggerate the severity of your injuries to the doctors. They are trained to detect dishonesty, and could utilize this information in court.