What is a Personal Injury Lawsuit?
If you've been hurt by another person's actions or inactions, you could be able to recover compensation. Contact a seasoned personal injury attorney to learn more about your rights.
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 process to compel a person or entity to pay you compensation for the damage caused by an accident. The injured party is known as the plaintiff, while the parties accountable are known as defendants. Personal injury cases may include cases of wrongful death when someone dies due to the negligence or wrongdoing of others.
Damages are usually classified into two categories: punitive and compensatory. Compensatory damages are intended to ensure that the victim is completely and regain their financial security, which includes out-of-pocket expenses such as medical bills as well as compensation for suffering and pain. Punitive damages are not common and are designed to punish the offender for extreme behavior.
The first category of damages is usually known as "economic damages." This covers all out-of-pocket expenses associated with the accident and injuries. These may include hospital expenses medical expenses, doctor's charges and physical therapy costs. In some cases, additional expenses like the cost of travel to and from appointments or changes to your home due to permanent disabilities may be included in the claim.
Non-economic damages can also be described as "pain and suffer" damages. They are more difficult to quantify and involve the mental and emotional stress, anguish and suffering that accidents can cause. Depending on the extent of your injuries, your lawyer will help you determine the value of the damages. This may be based on your capacity to perform the things you were previously able to do or your loss in consortium with family.
Statute of limitations
A legal requirement known as the statute of limitations stipulates that anyone injured in an accident must file an action before a specific date or else their claim will be dismissed. This is done to prevent evidence from being forgotten or lost, and to prevent those who delay bringing litigation related to an incident out indefinitely.
The exact time frame is different from state to state but personal injury claims typically have a two- to four-year time limit. There are some exceptions to the time period for filing claims. If you need assistance determining if your case falls under one of these exceptions, it is recommended to seek legal advice.
One of the main facets of the statute of limitations is that it applies only to the filing of an action in court. Insurance claims are usually used to resolve injury cases and do not require formal lawsuits. However, it is crucial to give yourself enough time to pursue legal action just in case insurance negotiations do not follow the plan or there is a problem that cannot be addressed by the insurance system.
Certain circumstances may stop the clock on the statute of limitations, however they are not common and have to be assessed on a case-by-case basis. The statute of limitation may not begin until the victim is aware or should have known that the injury was caused by someone else's negligence. In certain states, such as New York, it is different for claims that are made against municipalities.
Complaint
A personal injury lawsuit is filed by the victim against the person who caused the injury. It alleges that the defendant violated a duty of care, and that this breach caused harm and losses to the plaintiff and that the defendant is accountable for the damages.
The first document filed in a personal injury lawsuit is called the complaint. It contains detailed allegations about the incident that led to your injuries. It also lists the damages you are seeking. The complaint also contains a "prayer for relief" which outlines what you want the court to do. The summons and complaint must be delivered to the defendant.
The defendant must respond to the complaint within specific deadlines and either admit or deny all allegations made in the complaint. The defendant can also file a counterclaim, or add a third party defendant to the case by naming third party defendant.
A successful personal injury lawsuit is built on solid evidence, such as medical records and witness testimony. We work closely together with our clients to gather all relevant information and include it in the case. The evidence we collect will also assist us in negotiate with the defendants' lawyers or insurance agents to negotiate the most favorable settlement offer.
Preliminary Conference
In a personal injury case the lawyer for you must prove that negligence on the part of the defendant caused your accident. You must also prove you were injured in the accident and that the injuries are worthy of financial compensation.
It's a long process, but it's at the trial that you'll be able to determine if you receive the damages you are entitled to. In a jury trial your lawyer will argue that the defendant is accountable and has to pay for the losses you suffered. The defendant will present evidence to prove that their actions were not related to the accident. This will prevent the defendant from paying for your losses.
You must attend a pre-trial discussion before you can proceed with the trial. This is often the first time your case will have deadlines set by the Court itself. This is also the time where your attorney will discuss the case with the defense.
Preliminary conferences are typically conducted by a judicial registrar, or someone on the court's staff. Unless the case is handled in accordance with the New York's Differentiated Case Management Rule, or is otherwise exempt from the Rules the parties are required to attend in person. If a person is unable to attend in person, the convenor may permit them to participate via telephone or online. If your case is scheduled to be part of the Differentiated Case Management program, an initial conference can provide an opportunity to determine whether your case falls under one of the three classifications that 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 may be extended by the court). After the Answer is filed, the case moves into what is called the discovery phase. During this time the parties exchange information in the form of written discovery demands and depositions.
Following the conclusion of discovery the attorney representing the plaintiff drafts what is called a Bill of Particulars. The document details the legal claims being made as well as the relief sought, usually the award of damages in cash. 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.
The court must look over the Bill of Particulars before it is able to be followed. Generally speaking, the court will only accept 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. For instance in Linker v. Mission injury lawsuit , 203 A.D.2d 527 (2nd Dept. 1994) The court ruled in favor of the motion to strike references to intentional and willful acts from a medical malpractice claim.
The court will not allow introduction of a new theory of recovery at an unreasonably late point in the action. To avoid causing prejudice, a late amendment to the Bill of Particulars must be supported by an affidavit, which gives a reasonable explanation for the tardiness of the amendment.
Physical Examination
It is possible to ask why a doctor who isn't familiar with you or your medical history and is unfamiliar with the specifics of your accident, should be asked to conduct a medical examination. This type of exam is required by Washington law, could be beneficial to your case.
IMEs are usually conducted by doctors hired by the defendant’s insurance company. They are there to provide an alternative view of your injuries. These physicians, who are sometimes referred to as "independent" and 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 make sure that you are well-informed about what to expect and provide copies of all relevant medical records to the doctor to look over. Your lawyer will be present during the IME to ensure that the questions asked by the doctor are in line with your medical records. You should not downplay or exaggerate the severity of your injury to the doctors. They are trained to spot fraud, and may utilize this information in court.