What is a Personal Injury Lawsuit?
If you've been injured due to another's actions or inactions, you may be able to recover compensation. To learn more about your rights under the law get in touch with a seasoned personal injury lawyer.
A personal injury lawsuit is a civil dispute in which the plaintiff seeks compensation for their losses, which include medical bills, lost wages, property damage, and other costs. The process can run from a few months to several years.
Damages
A personal injury lawsuit is an action to compel another person or entity to pay money for damages related to an accident. The plaintiff is the victim and the defendants are responsible. Personal injury cases can include the wrongful death of a person who dies due to negligence or wrongful actions of others.
The damages a victim suffers are usually broken down into two groups which are: punitive and compensatory. Compensation damages are based on medical bills as well as pain and suffering compensation and other out-of pocket expenses. Punitive damages, which are not common and are intended to punish the wrongdoer if they have committed extreme crimes.
The first category of damages is often referred to as "economic damages." This includes all out-of-pocket expenses associated with the accident and injuries. These may include hospital expenses as well as doctor's fees and therapy costs. Certain claims could also include additional expenses, such as travel costs to and from appointments, or modifications to your home to accommodate a disability that is permanent.
Non-economic damages can also be described as "pain and suffer" damages. These damages are more difficult to quantify and comprise the emotional distress and mental stress caused by accidents. Your lawyer can help you value these damages based on the extent of your injury. This may be based on your ability to carry out the activities you used to or your loss of a relationship with your family.
Statute of limitations
A legal principle known as the statute of limitation stipulates that anyone injured in an accident must file an action within a specified date or else their claim will be dismissed. This is to stop evidence from being forgotten or lost, and to prevent those who delay bringing litigation related to an incident out for an indefinite period.
The exact length of time for filing a claim differs between states, however, personal injury claims typically have a two-to four-year limit. However, there are exceptions that can extend the amount of time that a victim must file their claim and they should seek legal advice when to determine if your case falls under one of the exceptions.
The statute of limitations only applies to lawsuits that are filed in court. Insurance claims are often used to settle injury cases and do not require formal lawsuits. Even so, it is important to leave yourself enough time to take legal action just in case insurance negotiations don't go as planned or there is a problem that cannot be addressed by the insurance system.
Certain circumstances can stop the clock on the statute of limitations, however they are rare and need to be considered on a case by case basis. The statute of limitations might not begin until the victim discovers or should have known that the injury was caused by another's negligence. In some states, like New York, it is different for claims that are made against municipalities.
Complaint
A personal injury lawsuit is brought by the victim against the person who caused the injury. It claims that the defendant violated the duty of care, and that this breach caused harm and loss to the plaintiff and that the defendant is accountable for the losses.
The first document filed in a personal injury lawsuit is known as the complaint, and it contains specific details about the incident that led to your injuries and outlines the damages you seek. It also includes a "prayer for relief" that outlines what you want the court to do. The summons and complaint should be given to the defendant.
After the complaint is filed, the defendant is required to file an answer to the complaint within a specified time frame, and will either admit or deny the allegations in the complaint. The defendant can also make a counterclaim against the plaintiff or bring in a different defendant as third-party defendant.
A successful personal injury lawsuit relies on solid evidence including medical documents and testimony from witnesses. We work closely with our clients to gather the relevant information and incorporate it in the case. The evidence will also help us negotiate with the defendant's attorneys or insurance agents to obtain the most favorable settlement offer.
Preliminary Conference
In a personal injury case the attorney for you must prove that the negligence of the defendant led to your accident. You must also prove you were injured in your accident and that the injuries are worth an amount of money.
It's not an easy process, but it is at the trial that you will finally know if you will be awarded the compensation you are entitled to. In a trial before a jury, your lawyer will argue that the defendant is accountable and is required to compensate you for the losses you suffered. The defendant will provide evidence to show that their actions were not related to the accident. This will stop them from paying you for your losses.
Before you can proceed to trial you must attend a preliminaries conference. This is usually the first time your case will have deadlines established by the Court itself. This is also the time when your attorney will discuss the case with the defense.
Preliminary meetings are usually held by a judicial registrar, or someone on the court's staff. Unless the case is handled under New York's Differentiated Case Management Rule, or otherwise exempted from the Rules the participants are required to attend in person. If a party is unable to attend in person, the convenor can allow them to participate by phone or online. If your case is going to be part of the Differentiated Case Management program, a preliminary conference will also provide an opportunity to determine whether your case falls under one of the three categories that are expedited, standard, or complex.
Bill of Particulars
After the complaint and summons have been filed, the defendants named in the lawsuit will be given twenty to thirty days (although this time frame can be extended by the court). After the Answer is filed, the case is moved into the discovery phase. During this stage the parties exchange information through written discovery demands and depositions.
Following accident injury lawyers near me of discovery, the plaintiff's attorney prepares what is known as a Bill of Particulars. The document details legal claims and the relief sought - typically an award of money damages. The Bill of Particulars is meant to inform the defendant of the specific legal claims made, so that they can prepare for trial.
Before a Bill of Particulars can be followed, it has to be scrutinized by the court. Generally, the court will only accept a Bill of Particulars that is not vague or overly broad. A Bill of Particulars should be limited to the specific acts of negligence claimed and should not contain new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ), for example was a case in which the court found that the plaintiff had not been negligent. In 1994, the court upheld the motion to strike out the reference to willful or deliberate acts in a medical malpractice case.
The court will not allow a new theory to be added at a stage in the litigation that is unreasonable late. To avoid causing prejudice, an amendment made late to a Bill of Particulars must be supported by an affidavit which gives a reasonable explanation for the lateness of this 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. But, this type of examination is actually an obligation under Washington law, and it can be helpful in 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 to your injuries. Although they are often referred to as "independent," these physicians, just like insurance companies have their own agendas and financial interest in decreasing the amount of compensation that can be given to a victim of injury.
If you decide to go through 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 to the doctor to examine. Your lawyer will be present during the IME to ensure that the questions asked by the doctor are consistent with your medical records. It is essential to not play with the severity of your injuries to the doctors, since they are trained to recognize the deceit and may use this information against you in trial.