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What is a Personal Injury Lawsuit?

You may be entitled to compensation if you have suffered injuries due to the actions or inactions of a third party. Contact a seasoned personal injury lawyer to learn more about your rights.

A personal injury lawsuit is a civil litigant where the plaintiff seeks compensation for their loss. This includes medical bills as well as lost wages and property damage. The process can take several months to several years.

Damages

A personal injury lawsuit is a legal action that is used to force another person or entity, to pay you compensation for damages caused by an accident. The injured party is known as the plaintiff while the parties responsible are referred to as defendants. If someone dies as the result of negligence or wrongdoing by others, wrongful death cases may be part of personal injury claims.

Damages are usually classified into two categories: punitive and compensatory. Compensation damages are designed to make the victim whole again, including out-of-pocket expenses such as medical expenses and compensation for suffering and pain. Punitive damages, which are rare and are intended to punish the wrongdoer when they have committed a number of extreme crimes.

The first type of damages is often called "economic damages." This covers the cost of out-of-pocket expenses incurred due to the accident or injury. These could include hospital bills medical expenses, doctor's charges and physical therapy costs. In some instances additional expenses, such as the cost of traveling to and from appointments or changes to your home due to permanent disabilities could be included in a claim.

Non-economic damages are commonly called "pain and suffering" damages. These are more difficult to quantify and include the mental and emotional stress, anguish and suffering that accidents can cause. Your lawyer will assist you to evaluate these damages based upon the severity of your injuries. This could be based on the capacity to perform the things you did before or your loss of consortium with family.

Statute of Limitations

Under a legal rule called the statute of limitations, anyone who suffers injury as a result of an accident must make a claim within a certain time frame or their claim will be dismissed by the courts. This is to prevent evidence from being lost or forgotten and to prevent people from dragging out litigation relating to incidents for an indefinite period.

The exact duration of the time limit varies from one state to another, but the majority of personal injury claims have a time limit of between two and four years. There are certain exceptions to the time to file 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.

The statute of limitations applies only to lawsuits filed in court. Insurance claims are usually used to settle injury cases and do not require formal lawsuits. It is important to give yourself enough time to bring a lawsuit in the event that insurance negotiations aren't as smooth as you had hoped, or if a problem occurs which cannot be resolved through insurance.

Certain circumstances may stop the clock of the statute of limitations however these cases are extremely rare and need to be evaluated on an individual case-by-case basis. For instance, the statute of limitations may not start running until a victim discovered or reasonably should have discovered that their injury was caused by a negligent actions, and in some states, such as New York, the statute of limitations is different for claims against municipalities.

Complaint

A personal injury lawsuit is a civil action brought by an injured person against the person or entity who caused the injury. It asserts that the defendant breached their duty of care, and that this breach caused loss and harm to the plaintiff. The defendant is then held accountable for the losses.

The complaint is the first document that you file in a personal injury lawsuit. It provides detailed details concerning the incident that led to your injuries and the damages you seek. It also contains the "prayer for relief" that describes what you would like the court to do. The complaint must be served to the defendant with a summons that is a notice that they are being sued.

The defendant must respond to the complaint within specific time frames and either accept or deny all the allegations contained in the complaint. The defendant may also file a counterclaim or add a third party defendant to the case by naming third party defendant.

A successful personal injury lawsuit is based on solid evidence including medical records and testimony from witnesses. We work closely with our clients to gather the relevant information and incorporate it in the case. The evidence will also assist 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 prove that negligence on the part of the defendant led to your accident. You must be able to prove that you sustained injuries as a result of your accident, and that your injuries are a valid reason for financial compensation.

It's a long procedure, but it's at the trial that you'll be able to determine if you be awarded the compensation you are entitled to. In a trial before a jury your lawyer will argue the defendant's responsibility and they will argue that they have to pay for your losses. The defendant will present evidence that their actions do not contribute to the accident, which will keep them from having to reimburse you for your losses.

You must attend a pre-trial conference before proceeding with the trial. This is typically the first time your case will be subject to deadlines that are set by the Court itself. This is also the time when your lawyer will discuss the issue with the defense.

Preliminary meetings are usually held by a judicial registrar, or an individual from the court's staff. Unless the case is being handled in accordance with the New York's Differentiated Case Management Rule, or is otherwise exempt from the Rules the participants are required to attend in person. If a party is unable to attend in person, the convenor can permit them to participate via phone or via the internet. If your case is going to be a part of the Differentiated Case Management program, a preliminary conference will also be an opportunity to identify whether your case falls within one of the three categories which are expedited, standard or complex.

Bill of Particulars

After the complaint and summons have been filed, the defendants named in the lawsuit will have between twenty and thirty days (although this timeframe is able to be extended by the court). After the Answer has been filed, the case is moved into what is called the discovery phase. In this phase the parties exchange information through 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 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 prepare effectively for trial.

The court must examine the Bill of Particulars before it can be complied with. Generally speaking, the court will only abide by 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 asserted and not include any new claims. Linker v.  accident injury attorney .D.2d (527 (2nd Dept. ) for instance was a case where the court ruled that the plaintiff had not been negligent. In 1994, the court affirmed the motion to strike all the reference to willful or deliberate acts in a medical malpractice case.

The court will not permit a new theory to be introduced at a point in the case that is unreasonablely late. To avoid prejudice, a late amendment to the Bill of Particulars must be supported by an affidavit, which gives a reasonable explanation for the delay of this amendment.

Physical Exam

It is possible to ask why a doctor who isn't familiar with you or your medical history and isn't familiar with the details of your accident, would be asked to conduct a medical examination. However, this kind of examination is actually required under Washington law, and it can be helpful in your case.

Typically, IMEs are conducted by medical doctors who are employed by the insurance company representing the defendant and aim to offer an alternative perspective to your injuries. These physicians, who are often referred to as "independent", have their own goals and financial interests in reducing the amount of compensation that can be given to victims of injuries.

If you decide to go through an IME the Orange County personal injury lawyer will ensure that you are fully informed about what to expect and will provide copies of all relevant medical records to the doctor to review. Your lawyer will also be present at the IME and can ensure that you are being examined with respect and courtesy by ensuring that doctors ' questions aren't divergent from the ones you have in your medical records. It is crucial to not play around with the extent of your injuries with these doctors, as they are trained to recognize the deceit and may use this information against you in trial.