What is a Personal Injury Lawsuit?
If you have been injured through the actions or inactions, you could be entitled to compensation. Contact a seasoned personal injury attorney to learn more about your rights.
A personal injury lawsuit is a civil matter where the plaintiff is seeking money to cover their losses, such as medical expenses, lost wages, property damage, and other costs. The process can take several months to several years.
Damages
A personal injury lawsuit is a legal proceeding to compel another person or entity to pay you money for damages related to an accident. The person who is injured is referred to as the plaintiff while the parties responsible are referred to as defendants. Personal injury cases can include cases of wrongful death when someone dies due to the inattention or negligence of others.
A victim's damages are typically broken down into two groups: compensatory and punitive. Compensation damages are based on medical bills, pain and suffering compensation, and other out-of-pocket expenses. Punitive damages are rare and designed to punish the wrongdoer for extreme conduct.
The first type of damages is often known as "economic damages." This covers all out-of-pocket expenses associated with the accident and injuries. These could include doctor's bills as well as hospital expenses and physical therapy expenses. Some claims may also include additional costs, like the cost of travel to and from appointments or modifications to your home to accommodate a permanent disability.
Non-economic damage can also be called "pain and suffer" damages. These damages are difficult to quantify and include the emotional stress and mental anguish that an accident can cause. Based on the extent of your injuries, your lawyer will assist you to estimate the value of the damages. This might be based on your capacity to enjoy activities you previously enjoyed or your loss of connection with family members.
Statute of limitations
In a legal rule known as the statute of limitations, anyone who is injured in an accident must make a claim within a specific time period or else their claim will be rejected by the courts. This is to stop evidence from being forgotten or lost and to stop individuals from dragging litigation relating to incidents out for a long time.
The exact duration of time is different from state to state, however personal injury claims generally have a two- to four-year limitation. There are certain exceptions to the time period for filing an injury claim. If you need help to determine if your claim falls within one of these exceptions, it is best to seek legal advice.
One of the most important aspects of the statute of limitations is that it applies only to the filing of a lawsuit in court. Insurance claims are usually used to resolve injury cases and do not require formal lawsuits. Even so, it is important to allow yourself enough time to pursue legal action in the event that insurance negotiations do not go as planned or there is a problem that cannot be addressed by the insurance system.
Certain circumstances may stop the clock on the statute of limitations, but these instances are extremely rare and need to be evaluated on an individual case-by-case basis. For example the statute of limitations might not start running until a victim discovered or should have reasonably discovered that their injuries were caused by someone else's negligence, and in certain states, like New York, the statute of limitations is different for claims against municipalities.
Complaint
A personal injury lawsuit is a civil suit filed by an injured party against the person or entity who caused the injury. The plaintiff claims that the defendant breached their duty of care and that the breach caused harm and losses for the plaintiff. The defendant is then held responsible for these damages.
The complaint is the initial document that you file in a personal injury case. It includes specific allegations concerning the incident that caused your injuries and the damages you seek. The complaint also contains the "prayer for relief" that outlines what you want the court to do. The summons and complaint must be given to the defendant.
After the complaint is filed, the defendant is required to submit an answer to the complaint within a specific time period, and they may either deny or admit the allegations made in the complaint. The defendant can also file a counterclaim, or add a third party 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 collaborate 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 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 also prove that you suffered injuries in your accident and that these injuries are worthy of an amount of money.
This can be a long process, but the trial is where you will be able to determine if you'll get the damages you're entitled to. In the trial before a jury the lawyer will argue for the defendant's responsibility and the need to compensate you for your losses. The defendant will present evidence that their actions are not related to the accident, which will prevent them from having to compensate you for your losses.
You must attend a pre-trial discussion prior to proceeding with the trial. This is usually the first time your case will have deadlines that are set by the Court itself. This is also when your attorney will discuss the issue with the defense.
A judicial registrar, also known as an individual of the court staff typically conducts preliminary conferences. If the case is handled under New York's Differentiated Case Management Rule, or otherwise exempted from the Rules the parties are required to be present in person. If a party cannot attend in person, they may take part via phone or online with the approval of the convenor. If your case is to be a part of the Differentiated Case Management program, an initial conference can provide an opportunity to determine whether your case falls into one of the three classifications - expedited, standard or complex.
Bill of Particulars
After the complaint and summons have been filed, defendants named in the lawsuit will have between twenty and thirty days (although this deadline is able to be extended by the court). After the Answer is filed, the case is moved to what is called the discovery phase. During this phase, both parties exchange information via written demands for discovery and depositions.
Following the conclusion of discovery The attorney for the plaintiff prepares what is called a Bill of Particulars. This document outlines the legal claims that are being made and the relief requested - typically an award of money damages. The Bill of Particulars is intended to put the defendant on notice of the specific legal claims being made, so that he or she can effectively prepare for trial.
Before a Bill of Particulars can be followed, it must be reviewed by the court. In general, courts will only accept 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. 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. 1994) the court granted a motion to strike all references to intentional and willful acts from a medical malpractice claim.
The court will also not permit a new theory to be added at any stage in the litigation that is unreasonable late. To avoid causing prejudice any late amendment to a Bill of Particulars must be supported by an affidavit, which gives a reasonable explanation of the delay of this amendment.
Pearland injury lawyers You Tube is possible to ask 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 exam. However, this type of exam is actually required under Washington law, and could be beneficial in your case.
Typically, IMEs are conducted by medical doctors who are employed by the insurance company representing the defendant and aim to offer a different perspective to your injuries. These doctors, who are sometimes referred to as "independent" are able to have their own goals and financial interests in reducing the amount of compensation that is given to victims of injuries.
Your Orange County personal injury attorney will make sure you know what to expect from an IME and will provide the doctor with a copy of all pertinent medical records. Your lawyer will also be present at the IME and will ensure that you are being treated with respect and courtesy by ensuring that questions of the doctor do not diverge from those in your medical records. You should not downplay or exaggerate the severity of your injuries to these doctors. They are trained to detect fraudulent behavior, and can utilize this information in court.