What is a Personal Injury Lawsuit?
If you've been hurt by another person's actions or inactions, you may be entitled to compensation. To find out more about your legal rights to pursue compensation, consult a knowledgeable personal injury lawyer.
A personal injury lawsuit is a civil dispute in which the plaintiff seeks compensation for their loss. This can include medical bills or lost wages, as well as property damage. The process can take anywhere from several months to a few years.
Damages
A personal injury lawsuit is a legal proceeding to force another person or entity to pay you money for damages related to an accident. The party who suffered the injury is known as the plaintiff while the responsible parties are called defendants. Personal injury cases can include wrongful death claims when someone dies due to the negligence or wrongful actions of others.
The damages a victim suffers are usually broken down into two groups: compensatory and punitive. Compensatory damages include medical bills as well as pain and suffering compensation, and other out of pocket expenses. Punitive damages are uncommon 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 all out-of-pocket expenses associated with the accident or injury. These may include hospital expenses, doctor's fees and physical therapy costs. Some claims may also include additional expenses, such as the cost of travel to and from appointments or modifications to your home to accommodate a disability that is permanent.
Non-economic losses are often called "pain and suffering" damages. These damages are more difficult to quantify, and they include the emotional distress and mental anguish that an accident can cause. Your lawyer will assist you to evaluate these damages based upon the extent of your injury. This may be based on your ability to do activities you used to or your loss of consortium with family.
Statute of limitations
A legal rule known as the statute of limitation requires that anyone who is injured in an accident file an action before a specific date or else their claim will be dismissed. This is to prevent evidence from being lost or forgotten, and to stop people from drag out litigation related to an incident for a long time.
The exact time limit is different from one state to another, but the majority of personal injury claims have a time frame of two to four years. There are certain exceptions to the time to file an injury claim. If you require assistance in determining whether your case falls within one of these exceptions, it is recommended that you seek legal advice.
A key aspect of the statute of limitations is that it is only applicable to the filing of an action in court. A majority of injuries cases are resolved through the process of claiming insurance and do not require formal lawsuit filing. However, it is crucial to give yourself enough time to pursue legal action just in case insurance negotiations do not go as planned or there is a problem that cannot be resolved through the insurance system.
Certain circumstances may stop the clock on the statute of limitations, but they are rare and need to be considered on a case-by-case basis. The statute of limitations might not be established until the victim discovers or should have known that the injury was caused by someone else's negligence. In certain states, such as New York, it is different for claims against municipalities.
Complaint
A personal injury lawsuit is a civil case brought by an injured person against the person or entity that 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 accountable for the damages.
The complaint is the initial document filed in a personal injury case. It provides detailed details concerning the incident that caused your injuries, and the damages you want. It also contains the "prayer for relief" that describes what you would like the court to do. The summons and complaint must be given to the defendant.
After the complaint is filed, the defendant must respond to the complaint within a specific time frame, and will either admit or deny the allegations made in the complaint. The defendant can also file a counterclaim or add a third party defendant to the case as a third party defendant.
A successful personal injury lawsuit is based on solid evidence such as 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 we have will also assist us in negotiate with the defense attorneys or insurance agents to obtain the best settlement offer.
Preliminary Conference
In a personal injury case the attorney for you must prove that the defendant's negligence caused your accident. You must be able to prove that you sustained injuries as a result of your accident, and that your injuries are a valid reason for financial compensation.
This can be a long process however, the trial is when you will be able to determine if you'll be awarded the damages you deserve. In a trial before a jury, your lawyer will argue that the defendant is liable and must pay you for the losses you suffered. The defendant will present evidence to show that their actions were not related to the accident. This will prevent them from settling your losses.
Before you can proceed to trial, you must attend a preliminary conference. This is the first time that your case is subject to deadlines set by a judge. This is also the time when your attorney will discuss the issue with the defense.
A judicial registrar, also known as an individual of the court staff usually conducts preliminary conferences. If the case is handled under New York's Differentiated Case Management Rule, or if it is exempted from the Rules the participants are required to attend in person. If, however, a person is unable to attend in person they can take part via phone or online with the permission of the convenor. If your case is part of the Differentiated Case Management Program, an initial meeting also provides an opportunity to determine if your case falls within one of three categories - expedited standard or complex.
Bill of Particulars
After a summons or complaint are filed, the defendants who are named in the lawsuit have the option of having twenty or thirty days to submit an Answer (although this deadline may be extended if the court gives consent). After the Answer is filed, the case enters what is known as the discovery phase. In this phase both sides exchange information in the form of written discovery demands and depositions.
Following the conclusion of discovery, the plaintiff's attorney prepares what is known as a Bill of Particulars. This document outlines the legal claims being made 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 that are made to help them prepare for trial.
The court must look over a Bill of Particulars before it is allowed to be enforced. In general, a court will only abide by the Bill of Particulars if it is not vague or overbroad. A Bill of Particulars should be limited to the specific negligence that is being claimed and should not contain new claims. For example in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. In 1994, the court upheld the motion to strike all any references to willful or intentional actions in a medical malpractice case.
In the same way, the court will not allow introduction of a new theory of recovery at an unreasonably late stage in the case. To avoid negative consequences, an amendment made late to the Bill of Particulars should only be allowed if accompanied by an affidavit offering a reasonable excuse for the delay in the amendment.
Physical Examination
You may question the reason why a doctor, who doesn't know you or your medical history and isn't familiar with the details of your incident, would be required to conduct a medical examination. However, this type of examination is actually a requirement under Washington law, and could be beneficial in your case.
El Paso injury lawyers are typically conducted by doctors hired by the defendant’s insurance company. They are there to offer a different perspective on your injuries. These physicians, who are sometimes referred to as "independent" are able to have their own goals and financial interests in reducing the compensation that can be paid to victims.
If you decide to undergo an IME the Orange County personal injury lawyer will make sure that you are aware of what to expect and will provide the complete set of medical records for the doctor to examine. Your lawyer will also be present at the IME and will ensure that you are being examined in a fair manner by ensuring that the doctors ' questions aren't divergent from those in your medical records. It is essential to not play with the extent of your injuries with the doctors, since they are trained to recognize the deceit and may utilize this information against you in trial.