What is a Personal Injury Lawsuit?
You may be eligible for compensation if you have suffered injuries due to the actions or inactions of a third party. To find out more about your legal rights get in touch with a seasoned personal injury lawyer.
A personal injury lawsuit is a civil dispute in which the plaintiff seeks compensation for their losses, which include medical expenses, lost wages, property damage and other expenses. The process can take several months to several years.
Damages
A personal injury lawsuit is a legal process that is taken to force another individual or entity to compensate you for the damages that result from an accident. The plaintiff is the victim, and the defendants are the parties responsible. Personal injury cases may include wrongful death claims when someone dies due to the negligence or wrongful actions of others.
The damages of a victim are typically divided into two categories that are punitive and compensatory. Compensatory damages are meant to help the victim get back on track for good, including out-of-pocket costs like medical bills as well as compensation for suffering and pain. Punitive damages, which are not common, are meant to punish the offender if they have committed extreme actions.
This category includes all expenses that result from the injury or accident. These could include doctor's bills as well as hospital expenses and physical therapy costs. In certain cases other expenses such as the cost of travel to and from appointments, or changes to your home to accommodate permanent disabilities may also be included in an insurance claim.
Non-economic damages can also be called "pain and suffer" damages. These are more difficult to quantify and include the emotional distress, mental anguish and suffering that an accident can cause. Depending on the extent of your injuries, your lawyer can help you determine the value of these damages. This could be based on the capacity to perform the things you did before or your loss of a relationship with your family.
Statute of limitations
A legal requirement known as the statute of limitation requires that anyone who is injured in an accident must file a lawsuit before a certain date or their claim will be dismissed. This is to protect evidence from being lost or lost in the shuffle and to stop people from drag out litigation related to an incident for a long time.
The exact duration of the time limit varies from one state to another, but most personal injury claims have a time limit of two to four years. However there are exceptions that could extend the time that a victim must submit their claim. They should seek legal advice when to determine whether or not your case falls under one of these exceptions.
One of the main facets of the statute of limitations is that it is only applicable to the filing of an action in a court. Insurance claims are usually used to settle injury cases and do not require formal lawsuits. Even so, it is important to allow yourself enough time to take legal action in the event that insurance negotiations do not follow the plan or an issue arises that can't be easily addressed through the insurance system.
Certain circumstances may stop the clock on the statute of limitations, however they are extremely rare and have to be considered on a case-by-case basis. The statute of limitations might not start until the person is aware or should have known that the injury resulted from someone else's negligence. In some states, such as New York, it is different for claims made against municipalities.
Complaint
A personal injury lawsuit is filed by a victim against the person who caused the injury. It asserts that the defendant breached their duty of care, and that this breach resulted in loss and harm to the plaintiff. The defendant is then held accountable for the losses.
The complaint is the primary document that is filed in a personal injury case. It contains detailed allegations concerning the incident that led to your injuries and the damages you seek. The complaint also contains a "prayer of relief" which describes what you want the court to do. The complaint must be served to the defendant with a summons that is a notice that they are being sued.
After the complaint is filed, the defendant is required to file an answer to the complaint within a specified time frame, and must either accept or deny the allegations in the complaint. The defendant can also file a counterclaim or add another defendant to the case as a third party defendant.
A successful personal injury lawsuit is based on solid evidence, including medical records and witness testimony. We work closely with our clients to collect the relevant information and incorporate it in the case. The evidence can also help us negotiate with the defendant's attorneys or insurance representatives to get the most favorable settlement offer.
Preliminary Conference
In a personal injury lawsuit your lawyer must demonstrate that the negligence of the defendant led to your accident. You must also prove you suffered injuries in your accident and that these injuries are worth the amount of financial compensation.
It can be a lengthy process however, the trial is when you can finally determine whether you'll receive the compensation you deserve. In a trial before a jury, your lawyer will argue that the defendant is liable and has to pay for the losses you suffered. The defendant will provide evidence that their actions do not contribute to the accident, which will keep them from having to compensate you for your losses.
You must attend a pre-trial meeting before you can proceed with the trial. This is usually the first time that your case will be subject to deadlines that are set by the Court itself. Meridian injury lawsuit is also the time where your lawyer will discuss the case with the defense.
A judicial registrar, also known as a member from the court staff, usually conducts preliminary conferences. All parties must attend the preliminary conference in person unless the case has been handled by the New York's Differentiated Case Management Rule or the Rules are otherwise exempted. If a party cannot attend in person, they are able to take part via phone or online with the approval of the convenor. If your case is part of the Differentiated Case Management Program, an initial meeting also provides an opportunity to determine whether your case falls under one of three categories namely advanced standard or complex.
Bill of Particulars
When a summons and complaint are filed, the defendant parties who are named in the lawsuit have twenty or thirty days to submit an Answer (although this deadline may be extended if the court gives consent). After the Answer is filed, the case is moved to what is known as the discovery phase. In this stage the parties exchange information via written demands for discovery and depositions.
At the conclusion of discovery The attorney for the plaintiff prepares what is known as a Bill of Particulars. This document provides the legal claims being made and the relief requested - typically the award of damages in cash. The Bill of Particulars is intended to put the defendant on notice of the specific legal claims being made, so that they can effectively prepare for trial.
The court must look over a Bill of Particulars before it can be complied with. Generally, the court will only comply with a Bill of Particulars that is not vague or broad. A Bill of Particulars should be limited to the specific acts of negligence being asserted and should not include new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ) for instance was a case in which the court found that the plaintiff was not negligent. In 1994, the court affirmed the motion to strike out the reference to willful or deliberate acts in a medical negligence case.
In the same way, the court will not permit the introduction of a new theory of recovery at an unreasonably late stage in the case. In order to avoid resultant prejudice, a belated amendment to the Bill of Particulars should only be allowed when supported by an affidavit stating an adequate explanation for the lateness of the amendment.
Physical Examination
If a defense attorney or insurance company demands that you attend an Independent Medical Examination (IME), your natural first instinct may be to question why a doctor who does not know you, your medical history, and the specifics of your injury is requested to conduct an exam. This type of examination, which is required by Washington law, could be beneficial to your case.
IMEs are typically conducted by doctors employed by the insurance company of the defendant. They are there to offer a different perspective on your injuries. These doctors, who are often referred to as "independent" are able to have their own agendas and financial interests in reducing the compensation that can be awarded to injured victims.
If you choose to undergo an IME, your Orange County personal injury lawyer will ensure that you are aware of what to expect. They will provide copies of all relevant medical records for the doctor to review. Your lawyer will also be present at the IME and can ensure that you are being treated with respect and courtesy by ensuring that doctors questions do not deviate from those in your medical records. It is crucial to avoid playing up or down the extent of your injuries with these doctors, as they are trained to recognize fraud and could make use of this information against you in trial.
