What is a Personal Injury Lawsuit?
If you've been injured through the actions or inactions, you may be entitled to compensation. Contact a seasoned personal injury attorney to learn more about your rights.
A personal injury lawsuit is a civil matter in which the plaintiff seeks money to compensate for their losses, including medical bills, lost wages property damage and other expenses. The process can take anywhere from several months to several years.
Damages
A personal injury lawsuit is a legal process that is used to force another person or entity to compensate you for the damages that result from an accident. The person who is injured is referred to as the plaintiff and the parties accountable are known as defendants. Personal injury cases may include wrongful death claims when someone dies because of the negligence or wrongful actions of others.
The damages a victim suffers are usually divided into two categories 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 are not common and are intended to penalize the offender for extreme behavior.
The first type of damages is often called "economic damages." This is the term used to describe any out-of-pocket costs resulting from the accident and injuries. This could include hospital bills, doctor's fees and physical therapy costs. In certain cases, additional expenses like the cost of travel to and from appointments, or changes to your home to accommodate permanent disabilities may also be included in an insurance claim.
Non-economic damages are often called "pain and suffering" damages. These damages are harder to quantify, and they include the emotional stress and mental stress that an accident can cause. Your lawyer will assist you to determine the value of these damages based on the severity of your injury. It could be based on the ability to participate in activities that you used to do or your loss of consortium with family members.
Statute of Limitations
A legal requirement, known as the statute of limitations, anyone who is injured in an accident must bring a lawsuit within a certain time frame or the claim will be rejected by the courts. This is to prevent evidence from being lost or forgotten and to stop people from drag out incident-related litigation indefinitely.
The exact time limit differs from one state another, but the majority of personal injury claims have a time limit of two to four years. There are some exceptions to the time period for filing a claim. If you need assistance in determining whether your case is one of these exceptions, it is recommended that you seek legal advice.
A key aspect of the statute of limitations is that it applies only to the filing of an action in court. Insurance claims are usually used to resolve injuries and do not require formal lawsuits. But, it's important to leave yourself plenty of time to file a lawsuit in the event that negotiations do not follow the plan or an issue arises that can't be resolved through the insurance system.
Certain circumstances can stop the statute of limitations clock, but these instances are rare and generally need to be evaluated on a case-by-case basis. The statute of limitation may not be established until the victim realizes or should have realized 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 suit initiated by a victim against the person or entity who caused the injury. The plaintiff claims that the defendant violated the duty of care, that the breach caused harm and losses to the plaintiff, and that the defendant is liable for those damages.
The complaint is the primary document filed in a personal injury lawsuit. It provides detailed details concerning the incident that led to your injuries, and the damages you are seeking. The complaint also includes the "prayer of relief" which outlines what you would like the court to do. The summons and complaint should be delivered to the defendant.
The defendant must respond to the complaint within certain time frames and either accept or deny the allegations in the complaint. The defendant can also file a counterclaim, or add another defendant to the case by naming a third party defendant.
A successful personal injury lawsuit is based on solid evidence such as medical records and testimony from witnesses. We work closely with our clients to ensure that all relevant information is gathered and included in the case. Peoria injury lawyer will also assist us negotiate with the defendant's attorneys or insurance agents to obtain the best settlement possible.
Preliminary Conference
In a personal injury lawsuit the attorney for you must prove that the negligence 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.
This can be a long process however, the trial is where you will be able to determine if you'll receive the compensation you deserve. In the case of a trial before jurors the lawyer will argue the defendant's responsibility and the need to pay for your losses. The defendant will present evidence that their actions do not contribute to the accident, which prevents them from having to reimburse you for your losses.
Before you can proceed to trial, you must attend a preliminaries conference. This is the first time that your case is subject to deadlines set by a court. This is also when your attorney will be discussing the matter with the defense.
Preliminary meetings are usually held by a judicial registrar, or a member of the court's staff. All parties must attend the preliminary conference in person, unless the case is handled by New York's Differentiated Case Management Rule or the Rules are otherwise exempted. If a person is unable to attend in person, the convenor may permit them to attend via phone or via the internet. If your case is to be part of the Differentiated Case Management program, an initial conference can be a chance to determine whether your case falls into one of the three classifications which are expedited, standard or complex.
Bill of Particulars
After the summons and complaint have been filed, the defendants named in the lawsuit will be given between twenty and thirty days (although this timeframe is able to be extended by the court). When the Answer is filed, the case moves into what is known as the discovery phase. In this phase the parties exchange information in the form of written discovery demands and depositions.
The lawyer for the plaintiff prepares a Bill of Particulars at the end of discovery. The document details the legal claims being made and the relief requested - typically the award of damages in cash. The Bill of Particulars is meant to inform the defendant of the specific legal claims that are made so that they can prepare for trial.
The court must look over the Bill of Particulars before it can be complied with. Generally, the court will only abide by a Bill of Particulars that is not vague or broad. A Bill of Particulars must only include the specific acts of negligence that are being claimed and not include any new claims. For instance in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. 1994) The court ruled in favor of the motion to strike references to intentional and willful actions from a medical malpractice claim.
Similarly, the court will not permit the introduction of a new doctrine of recovery at an unreasonable late point in the action. To avoid adverse consequences, a late amendment to a Bill of Particulars should only be allowed when supported by an affidavit offering an adequate explanation for the lateness of the amendment.
Physical Examination
You may question why a doctor who doesn't know you, or your medical history and is unfamiliar with the details of your accident, should be asked to conduct a medical exam. This type of exam is required under Washington law, could be beneficial to your case.
IMEs are usually performed by doctors who are employed by the defendant’s insurance company. Their goal is to provide an alternative perspective on your injuries. These doctors, sometimes called "independent", have their own goals and financial interests in reducing the amount of compensation that can be awarded to injured victims.
If you choose to undergo an IME, your Orange County personal injury lawyer will make sure that you are well-informed about what to expect. They will provide a copy of all relevant medical records for the doctor to review. Your lawyer will be present during the IME to ensure that the questions asked by the doctor are in line with your medical records. It is not advisable to downplay or exaggerate the severity of your injury to the doctors. They are trained to detect dishonesty, and could utilize this information in court.