What is a Personal Injury Lawsuit?
You could be entitled to compensation if you have been injured due to the actions or inactions of another person. Contact a seasoned personal injury lawyer to learn more about your rights.
A personal injury lawsuit is a civil action in which the plaintiff seeks compensation for their losses, such as medical bills, lost wages damages to property and other expenses. The process can run between a few months and 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 injured party is known as the plaintiff, while the responsible parties are called defendants. Personal injury cases can include wrongful death claims when someone dies because of the inattention or negligence of others.
The damages a victim suffers are usually divided into two categories that are punitive and compensatory. Compensation damages are based on medical bills as well as pain and loss compensation, and other out of pocket expenses. Punitive damages are rare and designed to punish the offender for extreme behavior.
The first category of damages is often known as "economic damages." This includes all out-of-pocket expenses associated with the accident and injuries. This could include doctor's fees or hospital costs, as well as physical therapy expenses. Some claims could also cover additional costs, like the cost of travel to and from appointments, or the need to modify your home to accommodate a permanent disability.
Non-economic losses are often called "pain and suffering" damages. These are more difficult to quantify and involve the mental and emotional stress, anguish and suffering caused by accidents. Depending on the severity of your injuries, your lawyer will assist you to determine the value of the damages. It could be based on your capacity to continue enjoying the activities you previously enjoyed or your loss of consortium with family members.
Statute of limitations
A legal principle known as the statute of limitations obliges anyone injured in an accident should file an action within a specified date or else their claim will be dismissed. This is to prevent evidence from being lost or forgotten and to stop people from drag out litigation relating to incidents for an indefinite period.
The exact duration of time differs from state to state but personal injury claims typically have a two- to four-year limitation. However, there are exceptions that could extend the time required for a victim to file their claim and they should seek legal advice for help to determine whether or not your case falls under one of these exceptions.
The statute of limitations is only applicable to lawsuits filed in the court. Insurance claims are often used to settle injury cases and do not require formal lawsuits. It is still important to give yourself enough time to start a lawsuit in the event that insurance negotiations do not go as planned or if there is a problem which cannot be resolved through insurance.
Some circumstances can pause the clock on the statute of limitations, however they are rare and need to be assessed on a case by case basis. For instance the statute of limitations might not start to run until a victim discovered or ought to have realized that their injuries were caused by a negligent actions. In certain states, such as New York, the statute of limitations is different for claims against municipalities.
Complaint
A personal injury lawsuit is filed by the victim against the party who caused the injury. It asserts that the defendant violated their duty of care, and that the breach caused damage and losses for the plaintiff. The defendant is then accountable for the damages.
The first document filed with a personal injury lawsuit is known as the complaint. It includes specific allegations regarding the incident that led to your injuries. It also outlines the damages you are seeking. The complaint also contains an "prayer of relief" which outlines what you would like the court to do. The complaint must be served to the defendant with a summons, which 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 or add another defendant to the case by naming a third party defendant.
A successful personal injury lawsuit is based on solid evidence, which includes medical records and witness testimony. We work closely with our clients to ensure that all relevant information is collected and included in the case. The evidence we gather will also help us to negotiate with the defense attorneys or insurance agents to obtain the best settlement offer.
Preliminary Conference
In a personal injury case the attorney for you must prove that the negligence of the defendant caused your accident. You must also prove that you were injured in the accident and that the injuries are worthy of financial compensation.
It's not an easy process, but it is at the trial that you will be able to determine if you be awarded the compensation you are entitled to. In a jury trial your lawyer will argue that the defendant is responsible and has to pay for the losses you suffered. The defendant will argue that their actions are unrelated to the accident, which prevents them from having to reimburse you for your losses.
You must attend a pre-trial discussion before proceeding with the trial. This is the first time that your case is subject to deadlines set by a judge. This is also when your attorney will discuss the issue with the defense.
A judicial registrar, or an individual of the court staff typically conducts preliminary conferences. Unless the case is handled under New York's Differentiated Case Management Rule, or is otherwise exempt from the Rules, all parties are required to be present in person. If a party is unable to attend in person, they may participate via phone or internet with the approval of the convenor. If your case is to be a part of the Differentiated Case Management program, the preliminary conference will be a chance to determine whether your case falls under one of the three categories that are expedited, standard, or complex.
Bill of Particulars
After the complaint and summons have been filed, the defendants named in the lawsuit will be given twenty to thirty days (although this deadline may be extended by the court). After the Answer is filed, the case moves into what is called the discovery phase. In this phase both sides exchange information in the form of written demands for discovery and depositions.
After the discovery process is concluded, the plaintiff's attorney prepares what is known as a Bill of Particulars. The document is a legal declaration of claims and the relief sought, usually an award of money damages. The Bill of Particulars is meant to inform the defendant of the specific legal claims made, to help them prepare for trial.
The court must review a Bill of Particulars before it is able to be followed. In general, the court will only be able to abide by the Bill of Particulars if it isn't vague or overly broad. A Bill of Particulars must only include the specific acts of neglect that are being claimed and not include any new claims. For example in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. 1994) The court ruled in favor of a motion to strike all references to willful and intentional actions from a medical malpractice claim.
The court will not allow a new doctrine to be introduced at a point in the case that is unreasonablely late. In order to avoid resultant adverse consequences, a late amendment to a Bill of Particulars should only be permitted if supported by an affidavit stating a reasonable excuse for the delay in the amendment.
Physical Examination
It is possible to ask why a doctor, who doesn't know you or your medical history, and isn't familiar with the details of your accident, should be asked to conduct a medical exam. This type of examination is required by Washington law, could be beneficial to your case.
Typically, IMEs are conducted by doctors medical who are hired by the defendant's insurance company and their aim is to provide a different view of your injuries. These doctors, who are often referred to as "independent", have their own agendas and financial interests in reducing the amount of compensation which is paid to victims.
If you decide to undergo an IME the Orange County personal injury lawyer will make sure that you are well-informed about what to expect. Fort Lauderdale injury attorney YouTube will provide a copy of all relevant medical records for the doctor to review. Your lawyer will be present during the IME to make sure 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 spot fraud, and may use this information at trial.