What is a Personal Injury Lawsuit?

You could be entitled to compensation if you have been injured due to the actions or inactions of another person. Contact an experienced personal injury lawyer to learn more about your rights.

A personal Injury Attorney Lawyer lawsuit is a civil litigation where the plaintiff seeks compensation for their loss. This includes medical expenses, lost wages and property damage. The process can last from a few months to several years.

Damages

A personal injury lawsuit is an action to compel a person or entity to pay compensation for the damage caused by an accident. The injured party is known as the plaintiff while the parties accountable are known as defendants. If someone dies as the result of the carelessness or infractions committed by others, wrongful death cases can be included in personal injury lawsuits claims.

The damages of a victim are typically divided into two categories which are: punitive and compensatory. Compensatory damages are meant to make the victim whole again, including out-of-pocket expenses such as medical expenses as well as compensation for suffering and pain. Punitive damages are not common and are intended to penalize the perpetrator for their extreme behavior.

The first type of damages is usually known as "economic damages." This is the term used to describe the cost of out-of-pocket expenses incurred due to the accident or injury. This could include doctor's fees or hospital costs, as well as physical therapy expenses. In some cases other expenses such as the cost of travelling to and from appointments, or changes to your home to accommodate permanent disabilities may be included in a claim.

Non-economic damages are also described as "pain and suffer" damages. These are more difficult to quantify and include the emotional distress, mental suffering and anguish that accidents can cause. Based on the severity of your injuries your lawyer will assist you to place a value on these damages. This might be based on your capacity to continue enjoying the 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 make a claim within a certain time frame or else their claim will be rejected by the courts. This is to protect evidence from being lost or forgotten and to stop people from drag out litigation relating to incidents for an indefinite period.

The exact length of time for filing a claim varies from state to state however personal injury claims generally have a two-to four-year limitation. There are certain exceptions to the time to file an injury claim. If you require assistance to determine if your claim falls within one of these exceptions, it is recommended that you seek legal advice.

The statute of limitations only applies to lawsuits filed in the court. Insurance claims are often used to settle injury cases and do not require formal lawsuits. It is essential to allow yourself sufficient time to bring a lawsuit in the event that negotiations with insurance do not go as planned or if there is a problem which cannot be resolved through insurance.

Some circumstances can pause the clock on the statute of limitations, but they are extremely rare and have to be considered on a case by case basis. For instance the statute of limitations might not start running until the victim discovers or reasonably should have discovered that their injury was caused by someone else's negligent actions, and in some states, such as New York, the statute of limitations differs 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 this breach caused harm and losses for the plaintiff. The defendant is held responsible for these damages.

The first document you file with a personal injury lawsuit is called the complaint, and it includes specific allegations regarding the incident that caused your injuries. It also lists the damages you seek. The complaint also contains an "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 has to respond to the complaint within a specified timeframe, and will either admit or deny the allegations in the complaint. The defendant can also file a counterclaim or add another defendant to the case by naming third party defendant.

A successful personal injury lawsuit relies on solid evidence such as medical records and testimony from witnesses. We collaborate closely with our clients to ensure that all relevant information is collected and included in the case. The evidence will also assist us negotiate with the attorney of the defendant or insurance agents to obtain the best settlement possible.

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 due to your accident and that your injuries are a valid reason for 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 your lawyer will argue that the defendant is at liability and that they must be held accountable for your losses. The defendant will provide evidence that their actions do not contribute to the accident, which prevents them from having to compensate you for your losses.

Before proceeding to trial you must attend a preliminary conference. This is usually the first time your case will have deadlines set by the Court itself. This is also the time when your attorney will be discussing the case with the defense.

A judicial registrar, also known as an official of the court staff typically conducts preliminary conferences. All parties must attend the initial conference in person, unless the case is handled in accordance with the New York's Differentiated Case Management Rule or the Rules are exempted in other ways. If a party is unable to attend in person, the convenor can allow them to participate by phone or online. If your case is to be part of the Differentiated Case Management program, the preliminary conference will be an opportunity to identify whether your case falls into one of the three classifications - expedited, standard or complex.

Bill of Particulars

After a summons or complaint are filed, the defendants named in the lawsuit have the option of having twenty or lawyer injury Near me (visit Trade Britanica) thirty days to file an Answer (although this deadline may be extended with the court's approval). Once the Answer is filed, the case moves into what is called the discovery phase. In this stage the parties exchange information through written discovery demands and depositions.

At the conclusion of discovery, the plaintiff's attorney prepares what is known as a Bill of Particulars. The document details legal claims and the relief sought, usually 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.

The court must look over the Bill of Particulars before it can be complied with. Generally speaking, the court will only accept a Bill of Particulars that is not vague or overly broad. A Bill of Particulars must only include the specific acts of negligence that are being asserted, and not add any new claims. For example in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. 1994) the court granted the 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 a stage in the litigation that is unreasonably late. In order to avoid resultant prejudice, a belated amendment to the Bill of Particulars should only be permitted if supported by an affidavit stating a reasonable excuse for the lateness of the amendment.

Physical Exam

If a defense attorney, or an insurance company requests that you take part in an Independent Medical Examination (IME) Your first reaction could be to wonder the reason why a doctor who does not know you and your medical history and the details of your injury is required to conduct an examination. But, this type of examination is actually an obligation under Washington law and can be helpful to your case.

Typically, IMEs are conducted by doctors medical who are hired by the insurance company of the defendant and their goal is to offer a different view of your injuries. While they are sometimes referred to as "independent," these physicians, just like insurance companies have their own agendas and financial motives in decreasing the amount of compensation that could be granted to a victim who has been injured.

If you decide to undergo an IME 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 provide the complete set of medical records to the doctor to examine. Your lawyer injury near me will be present during the IME to ensure that the questions posed by the doctor are consistent with your medical records. It is not advisable to downplay or exaggerate the severity of your injuries to the doctors. They are trained to spot dishonesty, and could use this information at trial.