What is a Personal Injury Lawsuit?

If you have been injured due to another's actions or inactions, you may be entitled to compensation. Contact a knowledgeable personal injury lawyer to learn more about your rights.

A personal injury lawsuit is a civil action where the plaintiff is seeking money to cover their losses, which include medical bills, lost wages property damage and other expenses. The process can last from a few months to several years.

Damages

A personal injury lawsuit is a legal action which is filed to force another person or entity to pay you for the damages that result from an accident. The injured party is known as the plaintiff and the parties responsible are referred to as defendants. Personal injury cases can also include the wrongful death of a person who dies because of the negligence or wrongful actions of others.

Damages are typically classified into two categories: compensatory and punitive. Compensatory damages are intended to ensure that the victim is completely for good, including out-of-pocket costs like medical bills as well as compensation for pain and suffering. Punitive damages are not common and designed to punish the offender for extreme behavior.

This category covers all costs incurred as a result of the injury or accident. These could include doctor's bills or hospital costs, as well as physical therapy expenses. In some cases other expenses such as the cost of travel to and from appointments, or modifications made to your home due to permanent disabilities could be included in a claim.

Non-economic damages are often called "pain and suffering" damages. These are more difficult to quantify and involve the emotional distress, mental suffering and anguish caused by accidents. Your lawyer will assist you to evaluate these damages based upon the severity of your injuries. This may be based on your capacity to perform the things you did before or your loss in consortium with your family.

Statute of limitations

A legal principle known as the statute of limitations stipulates that anyone injured in an accident file an action within a specified date or else the claim will be dismissed. This is to protect evidence from being lost or lost in the shuffle and to stop people from carrying out litigation related to an incident for a long time.

The exact length of time for filing a claim differs between states, but personal injury claims typically have a two- to four-year limitation. There are some exceptions to the time to file an injury claim. If you need assistance in determining whether your case falls within one of these exceptions, then it is best to seek legal advice.

The statute of limitations is only applicable to lawsuits that are filed in court. Many cases of injury are resolved through the process of claiming insurance and do not require a formal lawsuit filing. It is important to allow yourself enough time to start a lawsuit in the event that insurance negotiations aren't as smooth as you had hoped, or if there is a problem that is not resolved by insurance.

Certain circumstances can stop the statute of limitations clock however these cases are extremely rare and need to be considered on an individual case-by-case basis. For example, the statute of limitations might not start to run until a victim has discovered or reasonably should have discovered that their injury was caused by someone else's negligent actions, and in certain states, such as New York, the statute of limitations differs 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. The plaintiff claims that the defendant breached their duty of care and this breach resulted in loss and harm to the plaintiff. The defendant is then held responsible for these damages.

The complaint is the initial document filed in a personal injury lawsuit. It provides detailed details concerning the incident that led to your injuries and the damages you want. The complaint also contains the "prayer of relief" which outlines what you want the court to do. The complaint must be served to the defendant with a summons that is a notice that they are being sued.

The defendant must respond to the complaint within a set of time frames and either accept or deny all the allegations 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 relies on solid evidence, including medical records and testimony from witnesses. We work closely with our clients to collect the relevant information and incorporate it in the case. The evidence we collect can also assist us to negotiate with the defense attorneys or insurance companies to obtain the best injury lawyer near me settlement offer.

Preliminary Conference

In a personal-Injury Claim Lawyer case your lawyer for injurys near me must show that negligence on the part of the defendant led to your accident. You must also prove that you suffered injuries as a result of your accident, and that the injuries you sustained are worthy of financial compensation.

It's a long process, but it's at the trial that you will finally know if you will receive the damages you are entitled to. In the case of a trial before jurors the lawyer will argue that the defendant is at responsibility and the need to be held accountable 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.

You must attend a pre-trial discussion before you can proceed with the trial. This is the first time that your case has deadlines set by a judge. This is also the time when your attorney will discuss the case with the defense.

Preliminary conferences are typically conducted by a judicial registrar or someone on the court's staff. Unless the case is being handled under the New York's Differentiated Case Management Rule, or if it is exempted from the Rules, all parties are required to attend in person. If a person is unable to attend in person, the convenor is able to allow them to participate by phone or via the internet. If your case is scheduled to be a part of the Differentiated Case Management program, a preliminary conference will also provide an opportunity to determine whether your case falls within one of the three categories that are expedited, standard, or complex.

Bill of Particulars

After the summons and complaint have been filed, defendants named in the lawsuit will have twenty to thirty days (although this time frame may be extended by the court). Once the Answer is filed, the case moves into the discovery phase. During this time the parties 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 discovery. The document details the legal claims being made as well as 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 filed so that they is able to effectively prepare for trial.

Before a Bill of Particulars can be followed, it must be reviewed by the court. Generally speaking, the court will only abide by a Bill of Particulars that is not vague or overly 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 where the court concluded that the plaintiff was not negligent. In 1994, the court upheld a motion to strike references to intentional or willful acts in a medical malpractice case.

The court will not allow a new theory to be added at a point in the case that is unreasonable late. To avoid negative consequences, an amendment made late to a Bill of Particulars should only be allowed if accompanied by an affidavit stating an acceptable explanation for the lateness of the amendment.

Physical Examination

It is possible to ask why a doctor, who doesn't know you, or your medical history and is unfamiliar with the specifics of your accident, should be required to conduct a medical examination. This type of examination is required by Washington law, could be beneficial to your case.

Typically, IMEs are conducted by medical doctors who are employed by the insurance company of the defendant and their aim is to provide a different perspective to your injuries. Although they are often referred to as "independent," these physicians as well as insurance companies - have their own agenda and financial interest in reducing the amount of compensation that may be awarded to an injured victim.

If you choose to undergo an IME the Orange County personal injury lawyer will make sure that you are aware of what to expect and will provide a copy of all relevant medical records for the doctor to review. 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 those 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 utilize this information in court.