What is a Personal Injury Lawsuit?
If you've been hurt due to another's actions or inactions, you could be able to recover compensation. To learn more about your legal rights get in touch with a seasoned personal injury lawyer.
A personal injury lawsuit is a civil action where the plaintiff is seeking money to compensate for their losses, which include medical bills, lost wages damages to property and other expenses. The process can take anywhere from several months to a few years.
Damages
A personal injury lawsuit is a legal proceeding to force another person or entity to pay compensation for the damage caused by 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 may include cases of wrongful death when someone dies due to inattention or negligence of others.
The damages a victim suffers are usually broken down into two groups that are punitive and compensatory. Compensation damages are designed to ensure that the victim is completely and regain their financial security, which includes out-of-pocket expenses such as medical expenses as well as compensation for suffering and pain. Punitive damages are rare and are intended to penalize the offender for extreme behavior.
The first category of damages is usually referred to as "economic damages." This covers any out-of-pocket costs resulting from the accident or injury. This could include hospital bills, doctor's fees and physical therapy costs. Some claims may also include additional expenses, such as the cost of travel to and from appointments or the need to modify your home to accommodate a disability that is permanent.
Non-economic losses are often described as "pain and suffering" damages. They are more difficult to quantify and are a result of the mental and emotional stress, suffering and anguish that accidents can cause. Based on the severity of your injuries, your lawyer will assist you to estimate the value of these damages. This might be based on the ability to enjoy activities you previously enjoyed or the loss of your relationship with family members.
Statute of Limitations
A legal principle known as the statute of limitations requires that anyone who is injured in an accident should file an action before a specific date or the claim will be dismissed. This is to safeguard evidence from being lost or lost in the shuffle and to prevent people from dragging out litigation relating to incidents for an indefinite period.
The exact duration of time differs from state to state however, personal injury claims typically have a two- to four-year time limit. However there are exceptions that may prolong the time a victim has to make a 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. A majority of injuries cases are resolved through the process of claiming insurance and do not require a formal lawsuit filing. But, it's important to allow yourself enough time to take legal action just in case insurance negotiations fail to take place as planned or if an issue arises that cannot be addressed by the insurance system.
A few circumstances can pause the clock on the statute of limitations however these cases are rare and generally need to be analyzed on an individual basis. For example, the statute of limitations might not start to run until a victim has discovered or should have reasonably discovered that their injury was caused by someone else's negligent actions, and in certain states, such as New York, the statute of limitations 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 their duty of care and that the breach caused damage and losses for the plaintiff. The defendant is held responsible for these 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 caused your injuries and outlines the damages you are seeking. The complaint also contains a "prayer of relief" which outlines 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 is required to submit an answer to the complaint within a certain time period, and they may either deny or admit the allegations in the complaint. The defendant can also file a counterclaim against the plaintiff or bring in a different defendant as a third-party defendant.
A successful personal injury lawsuit is built on solid evidence, which includes medical documents and witness testimony. We collaborate closely with our clients to ensure that all relevant information is gathered and included in the case. The evidence will also help us negotiate with the attorney of the defendant or insurance agents to obtain the most favorable settlement offer.
Preliminary Conference
In a personal-injury lawsuit your lawyer must show that negligence on the part of the defendant caused your accident. You must also prove that you suffered injuries from your accident, and that the injuries you sustained are worthy of financial compensation.
This can be a long process, but the trial is where you'll be able to decide if you'll get the damages you deserve. In a jury trial, your lawyer will argue that the defendant is responsible and is required to compensate you for your losses. The defendant will provide evidence to show that their actions are not connected to the accident. This will prevent the defendant from paying for your losses.
Before you can proceed to trial you must attend a preliminary conference. This is often the first time your case will have deadlines set by the Court itself. It is also the time that your attorney will discuss the case with the defense.
A judicial registrar, or a member of the court's staff, usually conducts preliminary conferences. Unless the case is handled under New York's Differentiated Case Management Rule, or if it is exempted from the Rules the parties are required to attend in person. However, if a party cannot attend in person, they can participate via telephone or on the internet with the permission of the convenor. If Rapid City injury lawsuits youtube.com is part of the Differentiated Case Management Program, an initial meeting also provides an opportunity to determine if your case falls under one of three categories - expedited standard or complex.
Bill of Particulars
After the summons and complaint are filed, the defendants named in the lawsuit will be given between twenty and thirty days (although this time frame can be extended by the court). After the Answer is filed, the case moves into what is known as the discovery phase. In this phase, both sides exchange information in the form of written discovery demands and depositions.
The plaintiff's lawyer prepares the Bill of Particulars at the conclusion of the discovery. This document outlines the legal claims that are being made and 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 he or she is able to effectively prepare for trial.
Before a Bill of Particulars can be followed, it must be reviewed by the court. Generally speaking, the court will only accept a Bill of Particulars that is not overbroad or vague. A Bill of Particulars must only include the specific acts of negligence that are being claimed, and not add any new claims. For instance, in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. 1994) the court granted a motion to strike all references to intentional and willful actions from a medical malpractice claim.
The court will also not permit a new theory to be added at an point in the case that is unreasonable late. In order to avoid resultant prejudice, a belated amendment to the Bill of Particulars should only be allowed when supported by an affidavit stating a reasonable excuse for the lateness of the amendment.
Physical Exam
You might be wondering why a doctor, who doesn't know you or your medical history and is unfamiliar with the details of your incident, would be required to conduct a medical exam. This type of exam is required under Washington law, can be beneficial to your case.
Typically, IMEs are conducted by medical doctors who are employed by the defendant's insurance company and aim to offer a different perspective to your injuries. Although they are sometimes described as "independent," these physicians - just like the insurance companies have their own agendas and financial motives in decreasing the amount of compensation that may be awarded to an injured victim.
If you choose to undergo an IME If you decide to undergo an IME, your Orange County personal injury lawyer will make sure that you are fully informed about what to expect and will provide a copy of all relevant medical records for the doctor to examine. Your lawyer will also be present at the IME and will make sure that you are examined with respect and courtesy by ensuring that questions of the doctor do not diverge from those in your medical records. Do not underplay or exaggerate the severity of your injury to these doctors. They are trained to detect fraud, and may use this information at trial.