What is a Personal Injury Lawsuit?
If you've been injured by another person's actions or inactions, you may be eligible for compensation. To find out more about your rights under the law, contact an experienced personal injury lawyer.
A personal injury lawsuit is a civil action where the plaintiff is seeking money to compensate for their losses, including medical expenses, lost wages, damages to property and other expenses. The process can take several months to a few years.
Damages
A personal injury lawsuit is a legal proceeding which is filed to force another person or entity to compensate you for damages resulting from an accident. The party who suffered the injury is known as the plaintiff while the parties responsible are referred to as defendants. Personal injury cases can also include the wrongful death of a person who dies because of the inattention or negligence of others.
The damages of a victim are typically divided into two categories which are: punitive and compensatory. Compensatory damages are meant to make the victim whole and regain their financial security, which includes out-of-pocket expenses like medical bills as well as compensation for pain and suffering. Punitive damages are not common and are designed to punish the wrongdoer for extreme conduct.
This category covers all expenses that result from the accident or injury. These might include doctor's bills, hospital costs and physical therapy expenses. In some instances additional expenses, such as the cost of travel to and from appointments or modifications made to your home to accommodate permanent disabilities may also be included in the claim.
Non-economic damages are also described as "pain and suffer" damages. These damages are difficult to quantify, and they include the emotional distress and mental anguish that an accident can cause. Based on the severity of your injuries, your lawyer will help you determine the value of the damages. This may be based on your ability to carry out the things you were previously able to do or your loss of consortium with your family.
Folsom injury lawyers of limitations
Under a legal rule called the statute of limitations, any person who suffers an injury in an accident must make a claim within a specified time or the claim will be rejected by the courts. This is to stop evidence from being lost or lost, and also to stop people from dragging incident-related litigation out for a long time.
The exact duration of the time limit differs from one state another, but the majority of personal injury claims have a time limit of two to four years. However there are exceptions that can extend the amount of time that a victim must submit their claim. They should seek legal advice for help to determine if your case falls under one of the exceptions.
One of the most important aspects of the statute of limitations is that it only applies to the filing of an action in court. Insurance claims are usually used to resolve injuries and do not require formal lawsuits. Even so, it is important to allow yourself plenty of time to pursue legal action in the event that 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 extremely rare and have to be considered on a case-by case basis. The statute of limitations may not be established until the victim is aware or should have known that the injury was caused by someone else's negligence. In certain states, like New York, it is different for claims made against municipalities.
Complaint
A personal injury lawsuit is a civil suit filed by an injured party against the person or entity that caused the injury. The plaintiff claims that the defendant violated their duty of care, and that the breach caused harm and losses for the plaintiff. The defendant is accountable for the damages.
The first document you file with a personal injury lawsuit is referred to as the complaint, and it contains specific details about the incident that led to your injuries. It also outlines the damages you are seeking. It also includes a "prayer for relief" which outlines what you would like the court to do. The complaint must be served on the defendant, along with a summons that is a notice that they are being sued.
The defendant must respond to the complaint within a set of deadlines and either admit or deny all the allegations in the complaint. The defendant may also file a counterclaim against the plaintiff or introduce another defendant as a third-party defendant.
A successful personal injury lawsuit is based on solid evidence such as 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 we collect can also assist us to negotiate with defense attorneys or insurance companies to negotiate the most favorable settlement offer.
Preliminary Conference
In a personal injury case the lawyer for you must prove that negligence on the part of the defendant led to your accident. You must also prove that you were injured in the accident and that the injuries are worthy of an amount of money.
It can be a lengthy process, but the trial is where you'll be able to decide if you'll receive the compensation you're entitled to. In the trial before a jury, your lawyer will argue that the defendant is at responsibility and they will argue that they have to be held accountable for your losses. The defendant will argue that their actions do not contribute to the accident, which will prevent them from having to pay you for your losses.
Before proceeding to trial, you must attend a preliminary conference. This is typically the first time that your case will have deadlines that are set by the Court itself. This is also when your attorney will discuss the case with the defense.
Preliminary conferences are typically conducted by a judicial register or a member of the court's staff. All parties must attend the initial conference in person unless the case is handled by New York's Differentiated Case Management Rule or the Rules are otherwise exempted. If, however, a person cannot attend in person, they may take part via phone or online with the approval of the convenor. If your case is to be part of the Differentiated Case Management program, a preliminary conference will also be an opportunity to identify whether your case falls under one of the three categories - expedited, standard or complex.
Bill of Particulars
After the complaint and summons have been filed, defendants named in the lawsuit will be given between twenty and thirty days (although this time frame may be extended by the court). Once the Answer is filed, the case moves into what is called the discovery phase. In this period the parties exchange information in the form of written discovery demands and depositions.
At the conclusion of discovery the attorney representing the plaintiff drafts what is known as a Bill of Particulars. This document provides the legal claims being made as well as the relief sought, usually an award of money damages. The Bill of Particulars is intended to inform the defendant notice of the specific legal claims being made so that they can prepare effectively for trial.
Before a Bill of Particulars can be followed, it must be examined 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 being asserted and should not include new claims. For example in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. In 1994, the court affirmed a motion to strike references to intentional or willful actions in a medical malpractice case.
In the same way, the court will not allow introduction of a new doctrine of recovery at an unreasonable late stage in the case. To avoid prejudice, any late amendment to a Bill of Particulars must be supported by an affidavit that gives a reasonable explanation of the lateness of this amendment.
Physical Examination
You may question why a doctor who doesn't know you, or your medical history, and isn't familiar with the details of your accident, would be required to conduct a medical examination. However, this type of examination is actually required under Washington law, and it can be helpful to your case.
IMEs are typically conducted by doctors hired by the defendant’s insurance company. They are there to provide an alternative perspective on your injuries. Although they are often described as "independent," these physicians - just like the insurance companies - have their own agenda and financial interest in decreasing the amount of compensation that can be given to a victim of injury.
Your Orange County personal injury attorney will make sure you know what you can expect from an IME and will give the doctor with a copy of the relevant medical records. Your lawyer will also be present at the IME and will make sure that you are being examined fairly by ensuring that the questions of the doctor do not diverge from the ones in your medical records. You should not downplay or exaggerate the severity of your injury to the doctors. They are trained to spot fraudulent behavior, and can utilize this information in court.