What is a Personal Injury Lawsuit?
If you have been injured due to another's actions or inactions, you may 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 compensation for their loss. This can include medical bills as well as lost wages and property damage. The process can run from a few months to several years.
Damages
A personal injury lawsuit is an action to force another person or entity to pay money for damages related to an accident. The plaintiff is the victim and the defendants are the parties responsible. Personal injury cases can include wrongful death claims when someone dies because of the negligence or wrongful actions of others.
Damages are usually divided into two categories: punitive and compensatory. Compensatory damages are meant to help the victim get back on track for good, including out-of-pocket costs like medical bills as well as compensation for pain and suffering. Punitive damages, which are very rare and are designed to punish the offender if they have committed extreme actions.
The first type of damages is usually called "economic damages." This covers the cost of out-of-pocket expenses incurred due to the accident or injury. This could include hospital bills medical expenses, doctor's charges and physical therapy costs. Certain claims could also include additional costs, like transportation costs to and from appointments or the need to modify your home to accommodate a permanent disability.
Non-economic losses are often called "pain and suffering" damages. These damages are harder to quantify, and they include the emotional stress and mental anguish that an accident can cause. Based on the extent of your injuries, your lawyer will assist you to place a value on these damages. This could be based on your capacity to participate in activities that you used to do or your loss of consortium with family members.
Statute of limitations
In a legal rule known as the statute of limitations, any person who suffers injury as a result of an accident must file a lawsuit within a specific time period or else their claim will be dismissed by the courts. This is to protect evidence from being lost or lost in the shuffle and to stop people from carrying out incident-related litigation indefinitely.
The exact time limit is different from one state to another, but the majority of personal injury claims have a limit of between two and four years. There are certain exceptions to the time to file claims. If Evansville injury lawyer need assistance in determining whether your case is one of these exceptions, it is recommended that you seek legal advice.
A key aspect of the statute of limitations is that it is only applicable to the filing of a lawsuit in court. A majority of injuries cases are resolved through the insurance claim process and do not require a formal lawsuit filing. However, it is important to leave yourself enough time to pursue legal action just in case insurance negotiations don't go as planned or an issue arises that can't be easily addressed through the insurance system.
Certain circumstances can stop the clock on the statute of limitations, but they are rare and need to be considered on a case-by-case basis. For instance, the statute of limitations may not start to run until a victim discovered or reasonably should have discovered that their injury was caused by another person's negligence, and in certain states, like New York, the statute of limitations differs for claims against municipalities.
Complaint
A personal injury lawsuit is brought by a victim against the person who caused the injury. The plaintiff claims that the defendant breached their duty of care, and that this breach caused harm and losses for the plaintiff. The defendant is accountable for the damages.
The complaint is the primary document that you file in a personal injury case. It contains detailed allegations about the incident that caused your injuries as well as the damages you seek. The complaint also contains the "prayer for relief" that describes what you want the court to do. The summons and complaint must be given to the defendant.
The defendant must respond to the complaint within certain time frames and either accept or deny all allegations made in the complaint. The defendant can also bring a counterclaim against plaintiff or bring in a different defendant as third-party defendant.
A successful personal injury lawsuit is based on solid evidence, including 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 defense attorneys or insurance agents to obtain the best settlement offer.
Preliminary Conference
In a personal injury lawsuit, your attorney must prove that the negligence of the defendant caused your accident. You must also prove that you were injured in your accident and that your injuries are worth financial compensation.
It's a long process, but it's at the trial that you'll finally know if you will receive the damages you are entitled to. In the case of a trial before a jury the lawyer will argue that the defendant is at responsibility and the need to be held accountable for your losses. The defendant will provide evidence to show that their actions were not related to the accident. This will stop them from settling your losses.
You must attend a pre-trial conference prior to proceeding with the trial. This is the first time your case is subject to deadlines set by a judge. This is also the time when your attorney will be discussing the case with the defense.
A judicial registrar, or an individual of the court staff typically conducts preliminary conferences. Unless the case is being handled in accordance with the New York's Differentiated Case Management Rule, or if it is exempted from the Rules, all participants are required to attend in person. If, however, a person is unable to attend in person they can participate via telephone or on the internet with the permission of the convenor. If your case is scheduled to be part of the Differentiated Case Management program, the preliminary conference will be a chance to determine whether your case falls into one of the three categories that are expedited, standard, or complex.
Bill of Particulars
After the summons and complaint have been filed, defendants named in the lawsuit will be given between twenty and thirty days (although this timeframe may be extended by the court). When the Answer is filed, the case moves into what is known as the discovery phase. During this phase the parties exchange information through written discovery demands and depositions.
The lawyer of the plaintiff drafts a Bill of Particulars at the conclusion of the discovery. The document is a legal declaration of claims and the relief sought, usually the award of damages in cash. The Bill of Particulars is intended to inform the defendant notice of the specific legal claims being made, so that he or she can effectively prepare for trial.
Before a Bill of Particulars can be followed, it must be scrutinized by the court. Generally, the court will only accept a Bill of Particulars that is not overbroad or vague. A Bill of Particulars must only include the specific acts of neglect that are being alleged and must not include new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ) for instance was a case where the court ruled that the plaintiff had not been negligent. 1994) the court granted the motion to strike all references to intentional and willful acts from a medical negligence claim.
The court will not allow addition of a new theory of recovery at an unreasonable late stage in the case. To avoid negative consequences, an amendment made late to the Bill of Particulars should only be permitted if supported by an affidavit offering a reasonable excuse for the lateness of the amendment.
Physical Examination
If a defense attorney, or an insurance company requests that you take part in an Independent Medical Examination (IME) the first reaction might be to ask the reason why a doctor who does not know you or your medical history and the particulars of your incident is required to conduct an examination. But, this type of examination is actually required under Washington law, and it can be helpful in your case.
IMEs are typically performed by doctors who are employed by the insurer of the defendant. Their aim is to offer a different view of your injuries. These doctors, sometimes called "independent" and have their own goals and financial interests in reducing the amount of compensation that can be paid to victims.
If you decide to go through an IME If you decide to undergo an IME, your Orange County personal injury lawyer will ensure that you are fully informed about what to expect and provide a copy of all relevant medical records to the doctor to review. 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 crucial to avoid playing around with the severity of your injuries to these doctors, as they are trained to spot fraud and could utilize this information against you at trial.