What is a Personal Injury Lawsuit?
If you've been hurt through the actions or inactions, you could be eligible for compensation. Contact a knowledgeable personal injury attorney to learn more about your rights.
A personal injury lawsuit is civil litigant where the plaintiff seeks compensation for their losses. This can include medical bills or lost wages, as well as property damage. The process can run from several months to several years.
Damages
A personal injury lawsuit is a process to compel another person or entity to pay you compensation for the damage caused by an accident. The party who suffered the injury is known as the plaintiff and the parties responsible are referred to as defendants. Personal injury cases may include the wrongful death of a person who dies due to the negligence or wrongdoing of others.
The damages of a victim are typically divided into two categories: compensatory and punitive. Compensation damages are designed to ensure that the victim is completely for good, including out-of-pocket costs like medical bills and compensation for suffering and pain. Punitive damages are rare and are designed to punish the offender for extreme behavior.
The first category of damages is usually referred to as "economic damages." This is the term used to describe the cost of out-of-pocket expenses incurred due to the accident or injury. These could include doctor's bills as well as hospital expenses 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 are often referred to as "pain and suffering" damages. These are more difficult to quantify and are a result of the mental and emotional stress, suffering and anguish that accidents can cause. Based on the severity of your injuries your lawyer will help you determine the value of these damages. This might be based on your capacity to enjoy activities you were previously able to enjoy or your loss of connection with family members.
Statute of Limitations
Under a legal rule called the statute of limitations, anyone who suffers injury as a result of an accident must bring a lawsuit within a certain time frame or their claim will be rejected by the courts. 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 time frame for filing a claim is different from one state to another, but the majority of personal injury lawsuits have a time limit of two to four years. There are some exceptions to the time to file a claim. If you require assistance to determine if your claim falls within one of these exceptions, then it is recommended that you seek legal advice.
The statute of limitations applies only to lawsuits filed in court. Insurance claims are typically used to settle injury cases and do not require formal lawsuits. But, it's important to leave yourself enough time to file a lawsuit just in case insurance negotiations fail to follow the plan or there is a problem that cannot be resolved through the insurance system.
A few circumstances can pause the statute of limitations clock however these cases are extremely rare and need to be evaluated on a case-by-case basis. For instance the statute of limitations may not begin to run until the victim discovers or should have reasonably discovered that their injuries were caused by someone else's negligent actions, and in certain states, like New York, the statute of limitations differs for claims against municipalities.
Complaint
A personal injury lawsuit is a civil action brought by an injured person against the person or entity that caused the injury. The plaintiff claims that the defendant violated their duty of care and the breach caused damage and losses for the plaintiff. The defendant is then accountable for the damages.
The complaint is the primary document that you file in a personal injury lawsuit. It includes specific allegations about the incident that led to your injuries, as well as the damages you seek. The complaint also includes a "prayer of relief" which outlines what you would like the court to do. The complaint and summons must be given to the defendant.
After the complaint is filed, the defendant must respond to the complaint within a specified time frame, and may either deny or admit the allegations made in the complaint. The defendant may also bring a counterclaim against plaintiff or bring in another defendant as third-party defendant.
A successful personal injury lawsuit depends on solid evidence including medical records 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 can also help us negotiate with the attorney for the defendant or insurance companies to negotiate the best settlement possible.
Preliminary Conference
In a personal injury case, your attorney must prove that the defendant's negligence caused your accident. You must also prove that you suffered injuries as a result of your accident, and that your injuries are a valid reason for financial compensation.
It can be a lengthy process however, the trial is when you will be able to determine if you'll get the damages you deserve. In a jury trial your lawyer will argue that the defendant is accountable and has to pay for your losses. The defendant will provide evidence that their actions are unrelated to the accident, which prevents them from having to compensate you for your losses.
Before you can proceed to trial, you must attend a preliminary conference. This is typically the first time your case will have deadlines that are set by the Court itself. This is also the time where your attorney will discuss the case with the defense.
A judicial registrar, or an official of the court staff typically conducts preliminary conferences. Unless the case is handled by the New York's Differentiated Case Management Rule, or if it is exempted from the Rules All parties are required to attend in person. However, if a party is unable to attend in person they are able to participate via phone or internet with the approval of the convenor. If your case is going to be part of the Differentiated Case Management program, a preliminary conference will also be a chance to determine whether your case falls under one of the three classifications - expedited, standard or complex.
Bill of Particulars
When a summons and complaint are filed, the defendants named in the lawsuit have either twenty or thirty days in which to respond (although this deadline can be extended if the court gives consent). When the Answer is filed, the case is moved to what is called the discovery phase. In this phase the parties exchange information in the form of written discovery demands and depositions.
The lawyer of the plaintiff drafts a Bill of Particulars at the end of discovery. This document outlines legal claims and the relief sought - typically an award of money damages. The Bill of Particulars is meant to inform the defendant of the specific legal claims made, to help them prepare for trial.
YouTube must review a Bill of Particulars before it is able to be followed. In general, a court will only be able to 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 asserted and should not include new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ) for instance was a case where the court ruled that the plaintiff had not been negligent. In 1994, the court upheld a motion to strike the reference to willful or deliberate actions in a medical malpractice case.
The court will also not permit a new theory to be introduced at a point in the case that is unreasonablely late. In order to avoid resultant prejudice, a belated amendment to a Bill of Particulars should only be permitted if supported by an affidavit offering an adequate explanation for the lateness of the amendment.
Physical Examination
You may question why a doctor who doesn't know you or your medical history, and isn't familiar with the specifics of your incident, would be required to conduct a medical examination. However, this kind of exam is actually required under Washington law, and can be helpful in your case.
Typically, IMEs are conducted by doctors medical who are hired by the defendant's insurance company and their goal is to offer an alternative perspective on your injuries. Although they are sometimes referred to as "independent," these physicians - just like the insurance companies - have their own agenda and financial motives in cutting down on the amount of compensation that may be granted to a victim who has been injured.
Your Orange County personal injury attorney will ensure that you are aware of what you can expect from an IME and will provide the doctor with a copy of all relevant medical records. Your lawyer will be present during the IME to make sure that the questions asked by the doctor are in accordance with your medical records. It is important to not play with the severity of your injuries to the doctors, since they are trained to recognize fraud and could use this information against you at trial.