What is a Personal Injury Lawsuit?
If you've been hurt by another person's actions or inactions, you could be entitled to compensation. To learn more about your legal rights to pursue compensation, consult a knowledgeable personal injury lawyer.
A personal injury lawsuit is civil litigant in which the plaintiff seeks compensation for their losses. This includes medical bills, lost wages and property damage. The process can take anywhere from several months to a few years.
Damages
A personal injury lawsuit is a legal action that is used to force another person or entity to pay you compensation for damages caused by an accident. The plaintiff is the victim and the defendants are responsible. Personal injury cases can include the wrongful death of a person who dies because of the inattention or negligence of others.
Damages are usually divided into two categories: compensatory and punitive. Compensation damages can include medical bills as well as pain and loss compensation, and other out-of-pocket expenses. Punitive damages, which are not common and are intended to punish the perpetrator when they have committed a number of extreme actions.
This category includes all expenses incurred as a result of the injury or accident. These might include doctor's bills or hospital costs, as well as physical therapy expenses. In some cases additional expenses, such as the cost of travel to and from appointments or modifications made to your home due to permanent disabilities can be included in an insurance claim.
Non-economic damage can also be referred to by the term "pain and suffer" damages. These damages are difficult to quantify, and they include the emotional distress and mental anguish caused by accidents. Based on the extent of your injuries, your lawyer will help you determine the value of the damages. This could be based on your capacity to continue enjoying the activities you used to do or your loss of consortium with family members.
Statute of limitations
A legal requirement known as the statute of limitation requires that anyone who is injured in an accident must file an action before a specific date or the claim will be dismissed. This is to stop evidence from being lost or lost, and also to stop individuals from dragging litigation relating to incidents out indefinitely.
The exact time limit is different from one state to another, but most personal injury lawsuits have a limit of two to four years. However, there are exceptions that could extend the amount of time that a victim must submit their claim. They should seek legal advice for assistance in determining whether or not their case falls into one of these exceptions.
The statute of limitations applies only to lawsuits that are filed in the court. Insurance claims are often used to resolve injury cases and do not require formal lawsuits. It is important to allow yourself enough time to start a lawsuit in the event that negotiations with insurance do not go as planned or if a problem arises that cannot be resolved with insurance.
Some circumstances can pause the clock on the statute of limitations, however they are not common and have to be considered on a case-by-case basis. For example the statute of limitations may not start running until the victim discovers or reasonably should have discovered that their injuries were caused by another person's negligent actions, and in certain states, such as New York, the statute of limitations is different for claims against municipalities.
Complaint
A personal injury lawsuit is brought by the victim against the person who caused the injury. It asserts that the defendant violated their duty of care and that this breach resulted in damage and losses for the plaintiff. The defendant is accountable for the damages.
The first document filed in a personal injury lawsuit is known as the complaint. Thousand Oaks injury attorney includes specific allegations regarding the incident that caused your injuries and outlines the damages you are seeking. It also contains an "prayer for relief" that describes what you want the court to do. The complaint must be served to the defendant with a summons which is a notification that they are being sued.
The defendant must respond to the complaint within a set of deadlines and either admit or deny all the allegations contained in the complaint. The defendant may also bring a counterclaim against plaintiff or bring in a different defendant as third-party defendant.
A successful personal injury lawsuit is based on solid evidence, such as medical records and witness testimony. We collaborate closely with our clients to ensure that all relevant information is collected and included in the case. The evidence can also help us negotiate with the attorney for the defendant or insurance companies to negotiate the best settlement offer possible.
Preliminary Conference
In a personal injury case the attorney for you must prove that the negligence of the defendant led to your accident. You must also prove that you suffered injuries due to your accident and that those injuries warrant financial compensation.
It's a long procedure, but it's at the trial that you'll finally know if you will get the compensation you are entitled to. In a jury trial, your lawyer will argue that the defendant is liable and is required to compensate you for your losses. The defendant will argue that their actions do not contribute 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 usually the first time that your case will be subject to deadlines that are set by the Court itself. This is also when your attorney will discuss the issue with the defense.
Preliminary meetings are usually held by a judicial registrar or someone on the court's staff. All parties must attend the preliminary conference in person unless the case is handled under 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 participate via phone or via the internet. If your case will be part of the Differentiated Case Management Program, an initial meeting also provides an opportunity to determine whether your case falls within one of three categories namely advanced standard or complex.
Bill of Particulars
After the complaint and summons are filed, the defendants named in the lawsuit will have between twenty and thirty days (although this deadline can be extended by the court). Once the Answer is filed, the matter moves into what is called the discovery phase. In this period both sides exchange information in the form of written demands for discovery and depositions.
The lawyer of the plaintiff drafts a Bill of Particulars at the end of the discovery. The document details the legal claims that are 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 made, so that they is able to effectively prepare for trial.
Before a Bill of Particulars can be followed, it has to be examined by the court. Generally speaking, the court will only comply with 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 was not negligent. In 1994, the court upheld the motion to strike out the reference to willful or deliberate acts in a medical malpractice case.
The court will also not allow a new doctrine to be introduced at any point in the case that is unreasonable late. To avoid prejudice, a belated amendment to the Bill of Particulars should only be allowed when supported by an affidavit offering an adequate explanation for the lateness of the amendment.
Physical Examination
It is possible to ask why a doctor, who isn't familiar with you or your medical history and is unfamiliar with the details of your accident, should be asked to conduct a medical exam. But, this type of exam is actually an obligation under Washington law, and can be helpful to your case.
IMEs are usually performed by doctors who are employed by the insurer of the defendant. Their aim is to offer a different view of your injuries. These doctors, who are sometimes referred to as "independent" and have their own agendas and financial interests in reducing the amount of compensation that can be paid to victims.
Your Orange County personal injury attorney will ensure that you understand what you can expect from an IME and will give an IME doctor with a copy of all pertinent medical records. Your lawyer will also be present at the IME and will make sure that you are being treated with respect and courtesy by ensuring that doctors ' questions aren't divergent from the ones you have in your medical records. You should not downplay or exaggerate the severity of your injury to the doctors. They are trained to detect dishonesty, and could use this information at trial.