What is a Personal Injury Lawsuit?
If you've been injured by another person's actions or inactions, you may be eligible for compensation. Contact a knowledgeable personal injury attorney to learn more about your rights.
A personal injury lawsuit is a civil action where the plaintiff is seeking compensation for their losses, including medical expenses, lost wages, property damage and other expenses. The process can take several months to several years.
Damages
A personal injury lawsuit is a legal action which is filed to force another person or entity to compensate you for damages resulting from an accident. The person who is injured is referred to as the plaintiff, while the parties accountable are known as defendants. Personal injury cases can also include the wrongful death of a person who dies due to negligence or wrongdoing of others.
Damages are usually divided 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 are rare and designed to punish the perpetrator for their extreme behavior.
This category includes all expenses caused by the accident or injury. These may include hospital expenses medical expenses, doctor's charges and physical therapy costs. Some claims may also include additional expenses, such as transportation costs to and from appointments, or modifications to your home to accommodate a disability that is permanent.
Non-economic damages are often described as "pain and suffering" damages. They are more difficult to quantify and are a result of the mental and emotional stress, suffering and anguish that accidents can cause. Based on the severity of your injuries your lawyer can help you determine the value of the damages. It could be based on the ability to continue enjoying the activities you previously enjoyed or your loss of consortium with family members.
Statute of Limitations
A legal principle known as the statute of limitations stipulates that anyone injured in an accident file a lawsuit before a certain date or else their claim will be dismissed. This is done to stop evidence from being forgotten or lost, and to prevent those who delay bringing litigation related to an incident out for a long time.
The time frame for filing a claim is different from one state to another, but most personal injury claims have a time frame of two to four years. However there are exceptions that could extend the amount of time required for a victim to file their claim and they should seek legal advice when determining whether or not their case falls within one of these exceptions.
One of the main facets of the statute of limitations is that it only applies to the filing of an action in a court. A majority of injuries cases are resolved through the process of filing an insurance claim and do not require formal lawsuit filing. It is nevertheless important to allow yourself enough time to bring a lawsuit in the event that insurance negotiations aren't as smooth as you had hoped, or if a problem arises that cannot be resolved with insurance.
Certain circumstances can stop the clock on the statute of limitations however these cases are very rare and have to be evaluated on a case-by-case basis. The statute of limitation may not begin until the victim realizes or should have realized that the injury was caused by someone else's negligence. In certain states, like New York, it is different for claims against municipalities.
Complaint
A personal injury lawsuit is a civil case brought by an injured person against the person or entity who caused the injury. It claims that the defendant breached the duty of care, and that this breach caused harm and loss to the plaintiff, and that the defendant is accountable for the losses.
The first document you file with a personal injury lawsuit is called the complaint, and it contains specific details about the incident that led to your injuries and outlines the damages you seek. The complaint also contains the "prayer of relief" which describes what you want the court to do. The summons and complaint must be given to the defendant.
After auto accident injury is filed, the defendant must file an answer to the complaint within a specified time period, and they may either deny or admit the allegations 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 depends on solid evidence including medical documents and testimony from witnesses. We work closely together with our clients to collect all relevant information and include it in the case. The evidence we gather will also help us to negotiate with defense lawyers or insurance agents to get the best possible settlement offer.
Preliminary Conference
In a personal injury lawsuit the attorney for you must prove that the negligence of the defendant caused your accident. You must also prove that you were injured in your accident and that these injuries are worthy of the amount of financial compensation.
This can be a long process, but the trial is when you'll be able to decide if you'll receive the compensation you deserve. In a trial before a jury, your lawyer will argue that the defendant is responsible and must pay you for the losses you suffered. The defendant will provide evidence to show that their actions are not connected to the accident. This will stop them from settling 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 established by the Court itself. This is also the time when your lawyer will discuss the case with the defense.
Preliminary conferences are usually conducted by a judicial registrar or a member of the court's staff. Unless the case is being handled by the New York's Differentiated Case Management Rule, or if it is exempted from the Rules, all parties are required to be present in person. If a party is not able to attend in person, the convenor can permit them to attend via phone or via the internet. If your case is scheduled to be part of the Differentiated Case Management program, the preliminary conference will be an opportunity to identify whether your case falls into one of the three classifications which are expedited, standard or complex.
Bill of Particulars
After the complaint and summons have been filed, the defendants named in the lawsuit will be given between twenty and thirty days (although this time frame is able to be extended by the court). After the Answer has been filed, the case is moved into what is called the discovery phase. In this period, both sides exchange information in the form of written demand for discovery and depositions.
The plaintiff's lawyer prepares the Bill of Particulars at the end of the discovery. The document is a legal declaration of claims and the relief sought - typically an award of money damages. The Bill of Particulars is meant to inform the defendant of the specific legal claims made, to help them prepare for trial.
Before a Bill of Particulars can be followed, it must be reviewed by the court. In general, courts will only abide by a Bill of Particulars that is not vague or broad. A Bill of Particulars must only include the specific acts of negligence that are being claimed and not include any new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ) for instance was a case where the court found that the plaintiff had not been negligent. In 1994, the court affirmed a motion to strike any references to willful or intentional acts in a medical malpractice case.
The court will also not permit a new theory to be added at any stage in the litigation that is unreasonable late. To avoid prejudice, a belated amendment to a Bill of Particulars should only be allowed if accompanied by an affidavit that provides a reasonable excuse for the delay in the amendment.
Physical Exam
If a defense attorney or insurance company asks you to take part in an Independent Medical Examination (IME) the first reaction might be to ask why a doctor who does not know you, your medical history, and the specifics of your accident is being required to conduct an examination. This type of examination is required by Washington law, can be beneficial to your case.
Typically, IMEs are conducted by medical doctors who are employed by the defendant's insurance company and aim to offer an alternative perspective to your injuries. Although they are sometimes described as "independent," these physicians, just like insurance companies - have their own agenda and financial interest in reducing the amount of compensation that may be awarded to an injured victim.
Your Orange County personal injury attorney will ensure that you are aware of what to expect from an IME and will give an IME doctor with a copy of all pertinent medical records. Your lawyer will also be present at the IME and can ensure that you are being treated fairly by ensuring that the doctors ' questions aren't divergent from those in your medical records. Do not underplay or exaggerate the severity of your injuries to the doctors. They are trained to detect fraudulent behavior, and can utilize this information in court.