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 someone else. To learn more about your rights under the law get in touch with a seasoned personal injury lawyer.
A personal injury lawsuit is civil dispute in which 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 a few months to several years.
Damages
A personal injury lawsuit is a legal process that is used 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 accountable are known as defendants. Personal injury cases can include wrongful death claims when someone dies due to negligence or wrongful actions of others.
A victim's damages are typically divided into two categories which are: punitive and compensatory. Compensation damages can include medical bills as well as pain and loss compensation, and other out-of-pocket expenses. Punitive damages, which are very rare and are intended to punish the offender if they have committed extreme actions.
This category includes all expenses caused by the injury or accident. This could include hospital bills as well as doctor's fees and therapy costs. Some claims may also include additional expenses, such as the cost of travel to and from appointments, or home modifications to accommodate a disability that is permanent.
Non-economic damages are also referred to by the term "pain and suffer" damages. They are more difficult to quantify and include the mental and emotional stress, anxiety and suffering that an accident can cause. Your lawyer can help you evaluate these damages based upon the extent of your injury. It could be based on the ability to enjoy activities you used to do or your loss of connection with family members.
Statute of Limitations
A legal requirement, known as the statute of limitations, any person who is injured in an accident must bring a lawsuit within a specific time period or else their claim will be dismissed by the courts. This is to stop evidence from being forgotten or lost, and to prevent individuals from dragging litigation relating to incidents out indefinitely.
The exact time frame is different between states, but personal injury claims typically have a two- to four-year limitation. There are certain exceptions to the time to file a claim. If you need help determining if your case falls under one of these exceptions, it is best to seek legal advice.
One of the most important aspects of the statute of limitations is that it is only applicable to the filing of a lawsuit in court. Many injury cases are resolved through the process of filing an insurance claim and do not require formal lawsuit filing. It is important to allow yourself enough time to bring a lawsuit in the event that insurance negotiations do not go as planned or if there is a problem that is not resolved by insurance.
Certain circumstances may stop the clock on the statute of limitations, but they are extremely rare and have to be evaluated on a case-by-case basis. For example, the statute of limitations might not begin to run until the victim discovers or should have reasonably discovered that their injury was caused by another person's negligent actions. In certain states, such as New York, the statute of limitations 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 violated their duty of care, and that the breach caused loss and harm to the plaintiff. The defendant is accountable for the damages.
The complaint is the first document that is filed in a personal injury lawsuit. It contains detailed allegations about the incident that led to your injuries as well as the damages you seek. The complaint also includes the "prayer of relief" which outlines what you want the court to do. The complaint must be served on the defendant along with a summons which is a notification that they are being sued.
After the complaint is filed, the defendant must submit an answer to the complaint within a specific time frame, and will either admit or deny the allegations made in the complaint. The defendant may also make a counterclaim against the plaintiff or introduce another defendant as a third-party defendant.
A successful personal injury lawsuit is based on solid evidence, which includes medical documents and witness testimony. We work closely with our clients to ensure that all relevant information is collected and included in the case. The evidence we have will also assist us in negotiate with the defense attorneys or insurance companies to negotiate the most favorable settlement offer.
Preliminary Conference
In a personal injury case, 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 your injuries are a valid reason for financial compensation.
This could be a long process however, the trial is where you'll be able to decide if you'll receive the compensation you're entitled to. In a trial before jurors, your lawyer will argue the defendant's liability and that they must compensate you for your losses. The defendant will provide evidence to prove that their actions were unrelated to the accident. This will prevent the defendant from paying for your losses.
You must attend a pre-trial conference prior to proceeding with the trial. This is typically the first time that your case will have deadlines set by the Court itself. This is also when your attorney will be discussing the case with the defense.
A judicial registrar, or a member of the court's staff, usually conducts preliminary conferences. Unless the case is handled in accordance with New York's Differentiated Case Management Rule, or otherwise exempted from the Rules, all parties are required to attend in person. If a party is unable to attend in person, they can participate via telephone or on the internet with the approval of the convenor. 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 into one of three categories: expedited standard or complex.
Bill of Particulars
After a summons or complaint are filed, the defendant parties who are named in the lawsuit have the option of having twenty or thirty days to file an Answer (although this time frame can be extended if the court gives approval). Once the Answer is filed, the case is moved into what is called the discovery phase. In this phase the parties exchange information through written discovery demands and depositions.
The plaintiff's lawyer prepares the Bill of Particulars at the end of the discovery. The document details legal claims and the relief sought - usually an award of money damages. Thousand Oaks injury lawsuits of Particulars is intended to put the defendant on notice of the specific legal claims being made so that they can prepare effectively for trial.
The court must examine the Bill of Particulars before it is allowed to be enforced. In general, a court will only be able to abide by a Bill of Particulars if it is not vague or broad. A Bill of Particulars must only include the specific acts of negligence that are being alleged and must not include new claims. For instance, in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. 1994) the court granted the motion to strike all references to willful and intentional acts from a medical malpractice claim.
The court will not allow a new doctrine to be added at an point in the case that is unreasonably late. To avoid adverse consequences, a late amendment to a Bill of Particulars should only be allowed when supported by an affidavit stating a reasonable excuse for the lateness of the amendment.
Physical Examination
You might be wondering the reason why a doctor, who isn't familiar with you or your medical history, and isn't familiar with the specifics of your accident, would be asked to conduct a medical examination. This type of exam is required under Washington law, can be beneficial to your case.
Typically, IMEs are conducted by doctors medical who are hired by the insurance company of the defendant and aim to provide a different perspective on your injuries. These physicians, who are sometimes referred to as "independent", have their own goals 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 are aware of what to expect from an IME and will provide 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 in a fair manner by ensuring that the doctors questions do not deviate from the ones in your medical records. It is crucial to not play around with the severity of your injuries to the doctors, since they are trained to spot fraud and could utilize this information against you at trial.