What is a Personal Injury Lawsuit?
If you've been injured due to another's actions or inactions, you could be eligible for compensation. 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 money to cover their losses, including medical bills, lost wages damages to property and other expenses. The process can last from several months to several years.
Damages
A personal injury lawsuit is a legal process that is taken to force another person or entity to pay you for damages resulting from an accident. The plaintiff is the injured party, and the defendants are the parties accountable. If someone dies as the result of the carelessness or infractions committed by others In wrongful deaths, the case may be part of personal injury lawsuits.
The damages of a victim are typically divided into two categories which are: punitive and compensatory. Compensation damages can include medical bills as well as pain and loss compensation, and other out-of-pocket expenses. Punitive damages are uncommon and are intended to penalize the wrongdoer for extreme conduct.
This category covers all expenses that result from the accident or injury. These could include doctor's bills as well as hospital expenses and 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 referred to as "pain and suffering" damages. These are more difficult to quantify and include the emotional distress, mental suffering and anguish that accidents can cause. Your lawyer will help you evaluate these damages based upon the severity of your injury. Murrieta injury lawyer could be based on your ability to continue enjoying the activities you previously enjoyed or your loss of connection with family members.
Statute of Limitations
A legal rule known as the statute of limitations obliges anyone injured in an accident should file a lawsuit before a certain date or else the claim will be dismissed. This is done to stop evidence from being forgotten or lost and to stop individuals from dragging litigation relating to incidents out for a long time.
The exact time frame varies from state to state, but personal injury claims typically have a two- to four-year time limit. However there are exceptions that could extend the amount of time that a victim must submit their claim. They should seek legal advice for assistance in determining whether or not their case falls into one of the exceptions.
A key aspect of the statute of limitations is that it applies only to the filing of an action in a court. Insurance claims are typically used to resolve injuries and do not require formal lawsuits. But, it's important to leave yourself plenty of time to take legal action in the event that negotiations do not follow the plan or an issue arises that cannot be addressed by the insurance system.
Certain circumstances may stop the clock of the statute of limitations however, these situations are extremely rare and need to be analyzed on an individual case-by-case basis. The statute of limitations may not start until the person discovers or should have known that the injury was caused by another's negligence. In certain states, like New York, it is different for claims made against municipalities.
Complaint
A personal injury lawsuit is a civil suit initiated by a victim against the person or entity who caused the injury. It asserts that the defendant breached their duty of care, and that this breach caused harm and losses for the plaintiff. The defendant is then held accountable for the losses.
The first document filed in a personal injury lawsuit is called the complaint. It includes specific allegations regarding the incident that caused your injuries. It also outlines the damages you're seeking. The complaint also contains a "prayer of relief" which outlines 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 limits and either admit or deny all the allegations contained in the complaint. The defendant can also file 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 records and witness testimony. We work closely with our clients to collect all relevant information and then include it in the case. The evidence we have will also help us to negotiate with the defendants' attorneys or insurance companies to negotiate the most favorable settlement offer.
Preliminary Conference
In a personal-injury lawsuit your lawyer must show that negligence on the part of the defendant led to your accident. You must be able to prove that you sustained injuries due to your accident and that your injuries are a valid reason for financial compensation.
It's not an easy process, but it is at the trial that you will finally know if you will receive the damages you deserve. In a jury trial, your lawyer will argue that the defendant is accountable and has to pay for your losses. The defendant will provide evidence to show that their actions are not connected to the accident. This will stop them from paying you for your losses.
You must attend a pre-trial meeting before you can proceed with the trial. This is often the first time your case will be subject to deadlines established by the Court itself. This is also the time when your attorney will be discussing the matter with the defense.
Preliminary conferences are usually conducted by a judicial registrar, or someone on the court's staff. Unless the case is being handled by New York's Differentiated Case Management Rule, or otherwise exempted from the Rules All parties are required to be present in person. If a person is unable to attend in person, the convenor can allow them to participate by phone or via the internet. If your case is scheduled to be part of the Differentiated Case Management program, an initial conference can be an opportunity to identify whether your case falls under one of the three categories - expedited, standard or complex.
Bill of Particulars
After the complaint and summons have been filed, defendants named in the lawsuit will be given between twenty and thirty days (although this deadline can be extended by the court). After the Answer is filed, the case is moved into the discovery phase. In this phase, both sides exchange information in the form of written demand for discovery and depositions.
Following the conclusion of discovery, the plaintiff's attorney prepares what is known as a Bill of Particulars. The document details legal 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 that are made so that they can prepare for trial.
Before a Bill of Particulars can be followed, it has to be reviewed by the court. Generally, the court will only accept a Bill of Particulars that is not vague or overly broad. A Bill of Particulars must only include the specific acts of negligence that are being asserted, and not add any new claims. For instance in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. 1994), the court sustained the motion to strike all references to intentional and willful actions from a medical malpractice claim.
The court will also not allow a new doctrine to be introduced at any stage in the litigation that is unreasonable late. To avoid prejudice, a late amendment to a Bill of Particulars must be supported by an affidavit that gives a reasonable explanation of the lateness of this amendment.
Physical Examination
You may question the reason why a doctor, who doesn't know you, or your medical history and isn't familiar with the details of your accident, would be required to conduct a medical examination. However, this type of examination is actually a requirement under Washington law and can be helpful to your case.
Typically, IMEs are conducted by medical doctors who are employed by the insurance company representing the defendant and their aim is to provide a different perspective to your injuries. These physicians, who are sometimes referred to as "independent" and have their own agendas and financial stakes in reducing the amount of compensation which is awarded to injured victims.
Your Orange County personal injury attorney will make sure you know what you can expect from an IME and will provide the doctor with a copy of all relevant medical records. Your lawyer will be present during the IME to ensure that the questions posed by the doctor are in line with your medical records. It is essential to not play with the severity of your injuries with these doctors, as they are trained to recognize fraud and could use this information against you in trial.