What is a Personal Injury Lawsuit?

You could be eligible for compensation if you have suffered injuries due to the actions or inactions of a third party. Contact an experienced personal injury lawyer to find out more about your rights.

A personal injury lawsuit is civil litigant where the plaintiff seeks compensation for their losses. This includes medical bills, lost wages and property damage. The process can last from several months to several years.

Damages

A personal injury lawsuit is a process to force another person or entity to pay money for damages related to an accident. The plaintiff is the one who was injured, and injuries the defendants are the ones responsible. Personal injury cases may include the wrongful death of a person who dies due to the negligence or wrongdoing of others.

The damages a victim suffers are usually broken down into two groups: compensatory and punitive. Compensation damages are designed to ensure that the victim is completely again, injuries including out-of-pocket expenses such as medical expenses as well as compensation for pain and suffering. Punitive damages are uncommon and designed to punish the offender for extreme behavior.

This category covers all expenses incurred as a result of the injury or accident. These could include doctor's bills, hospital costs and physical therapy expenses. Some claims could also cover additional expenses, such as travel costs to and from appointments or the need to modify your home to accommodate a permanent disability.

Non-economic damages can also be called "pain and suffer" damages. These damages are difficult to quantify, and include the emotional distress and mental anguish that accidents can cause. Your lawyer can help you value these damages based on the severity of your injuries. This could be based on the capacity to perform the things you were previously able to do or your loss of consortium with family.

Statute of limitations

A legal requirement, known as the statute of limitations, anyone who is injured in an accident must make a claim within a specified time or else their claim will be rejected by the courts. This is done to prevent evidence from being lost or lost, and to prevent individuals from dragging litigation relating to incidents out for an indefinite period.

The exact duration of the time limit varies from one state to another, but most personal injury claims have a limit of between two and four years. However there are exceptions that may prolong the time required for a victim to submit their claim. They should seek legal advice for assistance in to determine if their case falls into one of the exceptions.

One of the most important aspects of the statute of limitations is that it applies only to the filing of a lawsuit in court. Many cases of injury are resolved through the process of filing an insurance claim and do not require formal lawsuit filing. But, it's crucial to give yourself enough time to file a lawsuit in the event that insurance negotiations don't go as planned or there is a problem that cannot be resolved through the insurance system.

Certain circumstances can stop the clock on the statute of limitations, but they are not common and have to be assessed on a case by case basis. The statute of limitations might not begin until the victim is aware or should have known that the injury was caused by another's negligence. In certain states, such as New York, it is different for claims that are made against municipalities.

Complaint

A personal injury lawsuit is a civil case brought by an injured person against the person or entity who caused the injury. It claims that the defendant breached their duty of care and that this breach resulted in harm and losses for the plaintiff. The defendant is then held accountable for the losses.

The complaint is the first document that you file in a personal injury compensation claims lawsuit. It contains detailed allegations regarding the incident that led to your injuries, as well as the damages you seek. The complaint also includes the "prayer of relief" which describes what you want the court to do. The complaint must be served on the defendant, along with a summons, which is a notice that they are being sued.

After the complaint is filed, the defendant has to submit an answer to the complaint within a specific time frame, and must either accept or deny the allegations in the complaint. The defendant may also file a counterclaim against the plaintiff or bring in a different defendant as third-party defendant.

A successful personal injury lawsuit depends on solid evidence, including medical documents and testimony from witnesses. We work 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 representatives to get the most favorable settlement offer.

Preliminary Conference

In a personal injury case your lawyer must demonstrate that the negligence of the defendant led to your accident. You must also prove that you suffered 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 get the damages you're entitled to. In a jury trial, 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 that their actions are not related to the accident, which will prevent them from having to compensate you 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 established by the Court itself. This is also the time when your lawyer will discuss the issue with the defense.

Preliminary meetings are usually held by a judicial register or an individual from the court's staff. All participants must attend the preliminary conference in person unless the case is handled under New York's Differentiated Case Management Rule or the Rules are exempted in other ways. If a party is unable to attend in person they can take part via phone or online with the approval of the convenor. If your case is part of the Differentiated Case Management Program, the initial meeting provides an opportunity to determine if your case falls within one of three categories namely complicated or expedited standard.

Bill of Particulars

After the complaint and summons are filed, the defendants named in the lawsuit will have twenty to thirty days (although this deadline is able to be extended by the court). When the Answer is filed, the case enters what is known as the discovery phase. During this time both sides exchange information in the form of written demand for discovery and depositions.

The plaintiff's lawyer prepares the Bill of Particulars at the end of the discovery. The document is a legal declaration of claims and the relief sought, usually the award of damages in cash. The Bill of Particulars is intended to inform the defendant notice of the specific legal claims being filed so that he or she is able to effectively prepare for trial.

The court must review the Bill of Particulars before it can be complied with. In general, the court will only accept the Bill of Particulars if it is not vague or overbroad. A Bill of Particulars must only include the specific acts of negligence that are being asserted and not include any new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ) for instance, was a case where the court found that the plaintiff was not negligent. In 1994, the court affirmed the motion to strike out references to intentional or willful acts in a medical malpractice case.

Similarly, the court will not allow the addition of a new theory of recovery at an unreasonably late point in the action. To avoid causing prejudice, any late amendment to a Bill of Particulars must be supported by an affidavit that provides a reasonable explanation for the delay of this amendment.

Physical Examination

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

IMEs are usually conducted by doctors hired by the defendant’s insurance company. They are there to provide an alternative view of your injuries. These physicians, who are often referred to as "independent" are able to have their own agendas and financial interests in reducing the compensation that can be paid to victims.

If you decide to go through an IME the Orange County personal injury lawyer will ensure that you are well-informed about what to expect and provide the complete set of medical records to the doctor to review. Your lawyer will be present during the IME to make sure that the questions asked by the doctor are consistent with 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 the deceit and may use this information against you in trial.