What is a Personal Injury Lawsuit?

If you've been injured through the actions or inactions, you may be able to recover compensation. To learn more about your legal rights to pursue compensation, consult a knowledgeable personal injury lawyer injury.

A personal injury lawsuit is a civil dispute in which 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 a process to compel a person or entity to pay you money for damages related to an accident. The plaintiff is the victim and the defendants are accountable. Personal injury cases can include wrongful death claims when someone dies due to inattention or negligence of others.

Damages are usually classified into two categories: punitive and compensatory. Compensatory damages include medical bills as well as pain and loss compensation, and other out of pocket expenses. Punitive damages, which are not common and are designed to punish the wrongdoer when they have committed a number of extreme actions.

The first type of damages is often referred to as "economic damages." This is the term used to describe all out-of-pocket expenses associated with the accident or injury. These could include hospital bills medical expenses, doctor's charges and physical therapy costs. Some claims could also cover additional expenses, such as travel costs to and from appointments, or modifications to your home to accommodate a disability that is permanent.

Non-economic losses are often referred to as "pain and suffering" damages. They are more difficult to quantify and involve the emotional distress, mental suffering and anguish caused by accidents. Based on the severity of your injuries, your lawyer will help you determine the value of these damages. This may be based on your capacity to perform the things you were previously able to do or your loss of consortium with family.

Statute of limitations

A legal principle known as the statute of limitation requires that anyone who is injured in an accident must file a lawsuit before a certain date or the claim will be dismissed. This is done to stop evidence from being forgotten or lost and to stop people from dragging incident-related litigation out for an indefinite period.

The exact time limit is different from one state to another, but the majority of personal injury lawsuits have a time limit of two to four years. However there are exceptions that can prolong the time that a victim must file their claim and they should seek legal advice for help to determine whether or not their case falls within one of the exceptions.

The statute of limitations only applies to lawsuits that are filed in court. A majority of injuries cases are resolved through the insurance claim process and do not require a formal lawsuit filing. But, it's important to allow yourself enough time to file a lawsuit just in case insurance negotiations fail to take place as planned or if there is a problem that cannot be easily addressed through the insurance system.

Certain circumstances can stop the clock on the statute of limitations, however they are not common and have to be assessed on a case by case basis. For example the statute of limitations might not start to run until the victim discovers or ought to have realized that their injuries were caused by someone else's negligent actions, and in certain states, like New York, the statute of limitations is different for claims against municipalities.

Complaint

A personal injury lawsuit is filed by the victim against the party who caused the injury. It asserts that the defendant violated their duty of care, and that the breach caused harm and losses for the plaintiff. The defendant is then held responsible for these damages.

The complaint is the initial document that is filed in a personal injury lawsuit. It includes specific allegations concerning the incident that led to your injuries, and the damages you seek. The complaint also contains the "prayer of relief" that outlines what you would like the court to do. The summons and complaint should be handed over to the defendant.

The defendant must respond to the complaint within a set of time frames and either accept or deny all allegations contained in the complaint. The defendant may also file a counterclaim, or add another defendant to the case as a third party defendant.

A successful personal injury attorneys lawsuit is based on solid evidence including medical records and testimony from witnesses. We collaborate closely with our clients to ensure that all relevant information is gathered and included in the case. The evidence will also assist 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 your lawyer must show that negligence on the part of the defendant led to your accident. You must be able to prove that you sustained injuries from your accident, and that those injuries warrant financial compensation.

It can be a lengthy process however, the trial is where you'll be able to decide if you'll receive the compensation you deserve. In the case of a trial before the jury the lawyer will argue for the defendant's responsibility and they will argue that they have to be held accountable for your losses. The defendant will provide evidence to show that their actions were unrelated to the accident. This will prevent the defendant from paying for your losses.

Before proceeding to trial you must attend a preliminary conference. This is often the first time that your case will have 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 an individual from the court's staff. Unless the case is being handled in accordance with the New York's Differentiated Case Management Rule, or is otherwise exempt from the Rules All parties are required to be present in person. If a party is unable to attend in person they may participate via phone or internet, with the consent of the convenor. If your case is part of the Differentiated Case Management Program, the initial meeting provides an opportunity to determine whether your case falls within one of three categories namely expedited standard or complex.

Bill of Particulars

When a summons and complaint are filed, the defendant parties identified in the lawsuit are given twenty or thirty days to submit an Answer (although this deadline may be extended with the court's permission). After the Answer has been filed, the case is moved into the discovery phase. During this stage the parties exchange information through written demands for discovery and depositions.

After the discovery process is concluded The attorney injury lawyer for the plaintiff prepares what is called a Bill of Particulars. This document outlines the legal claims that are being made and the relief requested - typically an award of money damages. The Bill of Particulars is intended to inform the defendant notice of the specific legal claims being made so that he or she is able to effectively prepare for trial.

Before a Bill of Particulars can be followed, it has to be scrutinized by the court. In general, a court will only abide by the Bill of Particulars if it is not vague or broad. A Bill of Particulars should be limited to the specific acts of negligence being 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 was not negligent. In 1994, the court affirmed the motion to strike out any references to willful or intentional actions in a medical malpractice case.

The court will not allow a new doctrine to be added at a point in the action that is unreasonable late. To avoid prejudice, an amendment made late to a Bill of Particulars must be supported by an affidavit that provides a reasonable explanation for the tardiness of the amendment.

Physical Examination

You might be wondering why a doctor, who doesn't know you, or your medical history and is unfamiliar with the details of your accident, would be asked to conduct a medical examination. However, this kind of exam is actually required under Washington law, and it can be helpful in your case.

Typically, IMEs are conducted by medical doctors who are employed by the defendant's insurance company and their aim is to offer a different view of your injuries. Although they are sometimes described as "independent," these physicians - just like the insurance companies - have their own agenda and financial stake in decreasing the amount of compensation that could be awarded to an injured victim.

If you choose to undergo an IME, your Orange County personal injury lawyer will ensure that you are well-informed about what to expect. They will provide a copy of all relevant medical records to the doctor to look over. Your lawyer will also be present at the IME and will ensure that you are examined in a fair manner by ensuring that the doctors ' questions aren't divergent from those in your medical records. It is not advisable to downplay or exaggerate the severity of your injury to these doctors. They are trained to detect fraudulent behavior, and can use this information at trial.