What is a Personal Injury Lawsuit?
If you've been hurt due to another's actions or inactions, you could be entitled to compensation. Contact a seasoned personal injury lawyer to find out more about your rights.
A personal injury lawsuit is civil dispute in which the plaintiff seeks compensation for their loss. This can include medical bills, lost wages and property damage. The process can last from a few months to several years.
Damages
A personal injury lawsuit is a legal process that is used to force another individual or entity, to pay you for damages resulting from an accident. The plaintiff is the injured party and the defendants are the ones responsible. Personal injury cases can include the wrongful death of a person who dies due to the negligence or wrongful actions of others.
Damages are typically classified into two categories: punitive and compensatory. Compensation damages can include medical bills, pain and suffering compensation, and other out-of-pocket expenses. Punitive damages are uncommon and are designed to punish the perpetrator for their extreme behavior.
The first type of damages is usually referred to as "economic damages." This is the term used to describe any out-of-pocket costs resulting from the accident or injury. These could include hospital bills, doctor's fees and physical therapy costs. Some claims could also cover additional costs, like the cost of travel to and from appointments, or modifications to your home to accommodate a disability that is permanent.
Non-economic damages are also referred to by the term "pain and suffer" damages. They are more difficult to quantify and include the emotional distress, mental suffering and anguish that an accident can cause. Your lawyer can help you value these damages based on the extent of your injury. This may be based on your capacity to perform the things you did before or your loss of a relationship with family.
Statute of Limitations
A legal requirement known as the statute of limitation stipulates that anyone injured in an accident should file an action within a specified date or their claim will be dismissed. This is to safeguard evidence from being lost or forgotten and to prevent people from dragging out litigation relating to incidents for an indefinite period.
The time frame for filing a claim differs from one state another, but most personal injury lawsuits have a time frame of between two and four years. However there are exceptions that may extend the time that a victim must file their claim and they should seek legal advice for assistance in to determine if your case falls under one of these exceptions.
A key aspect of the statute of limitations is that it is only applicable to the filing of a lawsuit in court. Many injury cases are resolved through the process of filing an insurance claim and do not require formal lawsuit filing. It is important to give yourself enough time to bring a lawsuit in the event that insurance negotiations do not go as planned or if a problem occurs that is not resolved by insurance.
Certain circumstances may stop the clock of the statute of limitations, but these instances are rare and generally need to be analyzed on an individual basis. The statute of limitations may not be established 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 against municipalities.
Complaint
A personal injury lawsuit is a civil case filed by an injured party against the person or entity that caused the injury. The plaintiff claims that the defendant breached a duty of care, and that the breach caused harm and losses to the plaintiff and that the defendant should be held liable for those damages.
The complaint is the initial document that you file in a personal injury case. It includes specific allegations regarding the incident that led to your injuries, and the damages you seek. The complaint also contains the "prayer of relief" which outlines what you would like the court to do. The complaint must be served on the defendant, along with a summons which is a notification that they are being sued.
After the complaint is filed, the defendant must respond to the complaint within a specified time frame, and may either deny or admit the allegations in the complaint. The defendant can also file a counterclaim or add another defendant to the case as third party defendant.
A successful personal injury lawsuit depends on solid evidence including medical records and testimony from witnesses. We work closely together with our clients to gather all relevant information and include it in the case. The evidence we gather will also help us to negotiate with defense lawyers or insurance agents to get the best possible settlement offer.
Preliminary Conference
In a personal injury case, your lawyer must prove that negligence on the part of the defendant caused your accident. You must be able to prove that you sustained injuries from your accident, and that the injuries you sustained are worthy of financial compensation.
It can be a lengthy process, but the trial is where you can finally determine whether you'll get the damages you deserve. In the trial before jurors, your lawyer will argue the defendant's liability and that they must be held accountable for your losses. The defendant will argue that their actions are unrelated to the accident, which will keep them from having to reimburse you for your losses.
You must attend a pre-trial meeting prior to proceeding with the trial. This is the first time that your case is subject to deadlines set by a court. This is also the time when your attorney will discuss the case with the defense.
A judicial registrar, also known as an individual of the court staff typically holds preliminary conferences. Unless the case is being handled in accordance with New York's Differentiated Case Management Rule, or otherwise exempted from the Rules the participants are required to attend in person. If a person is unable to attend in person, the convenor is able to allow them to participate by phone or online. If your case is scheduled to be part of the Differentiated Case Management program, the preliminary conference will be an opportunity to identify whether your case falls within one of the three classifications which are 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 time frame can be extended if the court gives consent). After the Answer is filed, the case enters what is called the discovery phase. During this phase both parties exchange information via written discovery demands and depositions.
The lawyer for the plaintiff prepares the Bill of Particulars at the conclusion of the discovery. The document details the legal claims that are being made and the relief sought, usually the award of damages in cash. The Bill of Particulars is meant to inform the defendant of the specific legal claims being made, so that they can prepare for trial.
The court must look over the Bill of Particulars before it is allowed to be enforced. In general, the court will only abide by the Bill of Particulars if it is not vague or overbroad. A Bill of Particulars must only include the specific acts of neglect that are being claimed and not include any new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ) for instance was a case in which the court concluded that the plaintiff had not been negligent. 1994), the court sustained the motion to strike all references to intentional and willful acts from a medical negligence claim.
The court will also not allow a new doctrine to be added at any point in the action that is unreasonably late. To avoid causing prejudice, an amendment made late to the Bill of Particulars must be supported by an affidavit which provides a reasonable explanation for the tardiness of the amendment.
Physical Examination
If a defense attorney or insurance company requests that you take part in an Independent Medical Examination (IME), your natural first instinct could be to wonder why a doctor who does not know you, your medical history, and the specifics of your accident is being asked to conduct an exam. However, this type of exam is actually required under Washington law, and could be beneficial in your case.
Little Rock injury lawyer are typically conducted by doctors hired by the defendant’s insurance company. Their goal is to offer a different perspective on your injuries. Although they are often referred to as "independent," these physicians - just like the insurance companies - have their own agenda and financial motives in decreasing the amount of compensation that could be given to a victim of injury.
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 provide the complete set of medical records for the doctor to examine. Your lawyer will also be present at the IME and can ensure that you are being examined with respect and courtesy by ensuring that questions of the doctor do not diverge from the ones in your medical records. It is essential to not play up or down the severity of your injuries with these doctors, as they are trained to spot dishonesty and may make use of this information against you at trial.