What is a Personal Injury Lawsuit?
If you've been injured by another person's actions or inactions, you may be able to recover compensation. To learn more about your rights under the law, contact an experienced personal injury lawyer.
A personal injury lawsuit is a civil matter in which the plaintiff seeks money to cover their losses, including medical expenses, lost wages, property damage, and other costs. The process can run between a few months and several years.
Damages
A personal injury lawsuit is a legal action which is filed to compel another person, or entity, to pay you for damages resulting from an accident. The plaintiff is the victim and the defendants are the ones responsible. Personal injury cases can also include the wrongful death of a person who dies due to the inattention or negligence of others.
A victim's damages are typically divided into two categories that are punitive and compensatory. Compensatory damages include medical bills as well as pain and suffering compensation, and other out-of-pocket expenses. Punitive damages are uncommon and are intended to penalize the perpetrator for their extreme behavior.
The first category of damages is usually referred to as "economic damages." This is the term used to describe any out-of-pocket costs resulting from the accident or injury. These could include hospital bills, doctor's fees and physical therapy costs. Some claims could also cover additional expenses, such as travel costs to and from appointments, or the need to modify your home to accommodate a permanent disability.
Non-economic damages are also referred to by the term "pain and suffer" damages. They are more difficult to quantify and include the emotional distress, mental anxiety and suffering that accidents can cause. Based on the severity of your injuries, your lawyer will assist you to determine the value of these damages. This may be based on your ability to carry out the things you did before or your loss of consortium with your family.
Statute of Limitations
In a legal rule known as the statute of limitations, anyone who suffers an injury in an accident must make a claim within a certain time frame or the claim will be dismissed by the courts. This is to safeguard evidence from being lost or forgotten, and to stop people from drag out incident-related litigation indefinitely.
The exact time limit varies from one state to another, but most personal injury lawsuits have a time limit of between two and four years. There are certain exceptions to the to file a claim. If you require assistance determining if your case falls within one of these exceptions, then it is recommended to seek legal advice.
One of the main facets of the statute of limitations is that it is only applicable to the filing of an action in court. Insurance claims are usually used to resolve injuries and do not require formal lawsuits. It is essential to allow yourself sufficient time to file a lawsuit in the event that negotiations with insurance aren't as smooth as you had hoped, or if a problem occurs that cannot be resolved with insurance.
A few circumstances can pause the clock on the statute of limitations however, these situations are rare and generally need to be considered on an individual basis. For instance the statute of limitations may not begin to run until a victim discovered or ought to have realized that their injuries were caused by a negligence, and in certain states, such as New York, the statute of limitations differs for claims against municipalities.
Complaint
A personal injury lawsuit is filed by the victim against the party who caused the injury. The plaintiff claims that the defendant violated the duty of care, that the breach caused harm and losses to the plaintiff, and that the defendant is accountable for the losses.
The complaint is the initial document that you file in a personal injury lawsuit. It includes specific allegations regarding the incident that led to your injuries as well as the damages you want. It also includes a "prayer for relief" that describes what you want the court to do. The complaint must be served on the defendant, along with a summons that 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 the allegations contained in the complaint. The defendant can also make a counterclaim against the plaintiff or introduce another defendant as a third-party defendant.
A successful personal injury lawsuit is built on solid evidence, such as medical documents and witness testimony. We work closely with our clients to ensure that all relevant information is gathered and included in the case. The evidence we have will also help us to negotiate with the defendants' attorneys or insurance agents to obtain the best settlement offer.
Preliminary Conference
In a personal injury case, your attorney must prove that the defendant's negligence caused your accident. You must also prove you suffered injuries in your accident and that these injuries are worth the amount of financial compensation.
It's a long process, but it's at the trial that you'll find out if you be awarded the compensation you deserve. In a jury trial, your lawyer will argue that the defendant is liable and has to pay for the losses you suffered. The defendant will argue that their actions do not contribute to the accident, which prevents them from having to pay you for your losses.
You must attend a pre-trial conference before proceeding with the trial. This is usually the first time that your case will have deadlines that are set by the Court itself. This is also the time when your attorney will be discussing the case with the defense.
Preliminary conferences are usually conducted by a judicial registrar, or someone on the court's staff. All participants must attend the preliminary conference in person unless the case is handled in accordance with the New York's Differentiated Case Management Rule or the Rules are otherwise exempted. However, if a party cannot attend in person, they can participate via phone or internet, with the consent of the convenor. If You Tube will be part of the Differentiated Case Management Program, an initial meeting also provides an opportunity to determine if your case falls into one of three categories - complicated or expedited standard.
Bill of Particulars
When a summons and complaint are filed, the defendant parties identified in the lawsuit are given twenty or thirty days to submit an Answer (although this time frame can be extended with the court's approval). Once the Answer has been filed, the case moves into what is called the discovery phase. During this phase, both parties exchange information via written discovery demands and depositions.
After the discovery process is concluded the attorney representing the plaintiff drafts what is known as a Bill of Particulars. The document details legal claims and the relief sought - typically the award of damages in cash. The Bill of Particulars is meant to inform the defendant of the specific legal claims made, so that they can prepare for trial.
The court must look over a Bill of Particulars before it is able to be followed. In general, a court will only be able to abide by the Bill of Particulars if it is not vague or broad. A Bill of Particulars should be limited to the specific acts of negligence claimed and should not contain new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ), for example, was a case where the court concluded that the plaintiff had not been negligent. In 1994, the court affirmed a motion to strike the reference to willful or deliberate actions in a medical malpractice case.
The court will also not allow a new doctrine to be added at any point in the action that is unreasonably late. In order to avoid resultant adverse consequences, a late amendment to the Bill of Particulars should only be allowed if accompanied by an affidavit offering a reasonable excuse for the lateness of the amendment.
Physical Exam
When a defense attorney or insurance company requests that you attend an Independent Medical Examination (IME) Your first reaction could be to wonder why a doctor who does not know you and your medical history and the particulars of your accident is being asked to conduct an exam. This type of exam is required by Washington law, can be beneficial to your case.
Typically, IMEs are conducted by medical doctors who are employed by the insurance company of the defendant and their aim is to offer a different view of your injuries. Although they are sometimes described as "independent," these physicians - just like the insurance companies - have their own agenda and financial stake in cutting down on the amount of compensation that may be awarded to an injured victim.
If you decide to go through an IME, your Orange County personal injury lawyer will make sure that you are fully informed about what to expect and provide a copy of all relevant medical records to the doctor to examine. Your lawyer will be present during the IME to make sure that the questions asked by the doctor are consistent with your medical records. It is important to avoid playing up or down the extent of your injuries with the doctors, since they are trained to spot the deceit and may utilize this information against you at trial.