This Week's Most Remarkable Stories Concerning Injury Lawsuit
What is a Personal Injury Lawsuit?
If you've been hurt due to another's actions or inactions, you may be entitled to compensation. Contact a seasoned personal injury lawyer to find out more about your rights.
A personal injury lawsuit is a civil litigant in which the plaintiff seeks compensation for their losses. This can include medical bills, lost wages and property damage. The process can take several months to a few years.
Damages
A personal injury lawsuit is a legal proceeding to compel another person or entity to pay you money for damages related to an accident. The injured party is known as the plaintiff and the responsible parties are called defendants. When someone dies as a result of the negligence or wrongdoing by others In wrongful deaths, the case may be part of personal injury claims.
Damages are usually classified into two categories: compensatory and punitive. 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 and compensation for suffering and pain. Punitive damages, which are not common and are designed to punish the perpetrator if they have committed extreme acts.
The first type of damages is usually called "economic damages." This covers the cost of out-of-pocket expenses incurred due to the accident and injuries. These could include hospital bills as well as doctor's fees and therapy costs. Some claims could also cover additional costs, like travel costs to and from appointments or modifications to your home to accommodate a permanent disability.
Non-economic losses are often called "pain and suffering" damages. These are more difficult to quantify and include the mental and emotional stress, anguish and suffering caused by accidents. Your lawyer can help you determine the value of these damages based on the severity of your injuries. This may be based on your ability to do activities you used to or your loss in consortium with family.
Statute of limitations
A legal rule known as the statute of limitations obliges anyone injured in an accident file an action before a specific date or the claim will be dismissed. This is done to prevent evidence from being forgotten or lost, and also to stop people from dragging incident-related litigation out 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 some exceptions to the time to file claims. If you require assistance determining if your case is one of these exceptions, it is recommended that you seek legal advice.
The statute of limitations is only applicable to lawsuits that are filed in court. A majority of injuries cases are resolved through the process of claiming insurance and do not require formal lawsuit filing. Even so, it is important to allow yourself plenty of time to file a lawsuit just in case insurance negotiations do not take place as planned or if there is a problem that cannot be addressed by the insurance system.
A few circumstances can pause the clock on the statute of limitations however, these situations are rare and generally need to be evaluated on an individual case-by-case basis. The statute of limitations may not be established until the victim realizes or should have realized 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 brought by the victim against the person who caused the injury. The plaintiff claims that the defendant breached their duty of care and that this breach resulted in damage and losses for the plaintiff. The defendant is then accountable for the damages.
The first document filed in a personal injury lawsuit is referred to as the complaint. It contains specific details about the incident that led to your injuries. It also lists the damages you are seeking. The complaint also contains an "prayer of relief" which outlines what you want the court to do. The summons and complaint must be handed over to the defendant.
After the complaint is filed, the defendant is required to file an answer to the complaint within a certain timeframe, and will either admit or deny the allegations made in the complaint. The defendant may also file a counterclaim against the plaintiff or introduce another defendant as a third-party defendant.
A successful personal injury lawsuit depends on solid evidence, including medical documents and testimony from witnesses. We work closely together with our clients to gather all relevant information and include it in the case. The evidence will also help us negotiate with the attorney for the defendant or insurance agents to obtain the best settlement possible.
Preliminary Conference
In a personal injury case, your attorney must prove that the negligence of the defendant led to your accident. You must also prove that you suffered injuries in your accident and that the injuries are worth the amount of financial compensation.
This could be a long process however, the trial is when you will be able to determine if you'll receive the compensation you're entitled to. In a jury trial your lawyer will argue that the defendant is accountable and is required to compensate you for your losses. The defendant will provide evidence to show that their actions were unrelated to the accident. This will stop the defendant from paying for your losses.
You must attend a pre-trial discussion prior to proceeding with the trial. This is often the first time your case will have deadlines set by the Court itself. This is also the time when your attorney will discuss the case with the defense.
A judicial registrar, also known as an official from the court staff, usually conducts preliminary conferences. If the case is handled by 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 phone or online. If your case is going to be part of the Differentiated Case Management program, the preliminary conference will provide an opportunity to determine whether your case falls under one of the three categories that are expedited, standard, or complex.
Bill of Particulars
After a summons or complaint are filed, the defendants who are named in the lawsuit have twenty or thirty days to file an Answer (although this deadline may be extended with the court's approval). After the Answer has been filed, the case moves into the discovery phase. During this time both sides exchange information in the form of written demands for discovery and depositions.
After the discovery process is concluded The attorney for the plaintiff prepares what is called a Bill of Particulars. This document outlines the legal claims being made as well as the relief requested - typically the award of damages in cash. The Bill of Particulars is meant to inform the defendant of the specific legal claims that are made to help them prepare for trial.
The court must review a Bill of Particulars before it is able to be followed. In general, the 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 add new claims. Linker v. Buffalo injury lawsuit www.youtube.com .D.2d (527 (2nd Dept. ), for example was a case where the court found that the plaintiff was not negligent. 1994) The court ruled in favor of the motion to strike all references to intentional and willful acts from a medical malpractice claim.
The court will also not permit a new theory to be added at a point in the action that is unreasonably late. In order to avoid resultant negative consequences, an amendment made late to a Bill of Particulars should only be allowed when supported by an affidavit that provides an adequate explanation for the delay in the amendment.
Physical Exam
You may question why a doctor, who doesn't know you or your medical history, and isn't familiar with the specifics of your incident, would be required to conduct a medical examination. However, this kind of exam is actually required under Washington law, and it could be beneficial to your case.
IMEs are usually performed by doctors who are employed by the defendant’s insurance company. Their goal is to offer a different view of your injuries. Although they are sometimes referred to as "independent," these physicians - just like the insurance companies - have their own agenda and financial motives in cutting down on the amount of compensation that may be granted to a victim who has been injured.
If you decide to undergo an IME the Orange County personal injury lawyer will ensure that you are fully informed about what to expect. They will provide the complete set of medical records for the doctor to look over. Your lawyer will be present during the IME to make sure that the questions asked by the doctor are in line with your medical records. It is important to not play around with the severity of your injuries to the doctors, since they are trained to spot the deceit and may make use of this information against you at trial.