What is a Personal Injury Lawsuit?
You could be entitled to compensation if have suffered injuries due to the actions or inactions of another person. Contact a knowledgeable personal injury attorney to learn more about your rights.
A personal injury lawsuit is a civil action in which the plaintiff seeks money to cover their losses, which include medical bills, lost wages property damage, and other costs. The process can take anywhere from several months to several years.
Damages
A personal injury lawsuit is an action to compel a person or entity to pay compensation for the damages resulting from an accident. The plaintiff is the one who was injured, and the defendants are the ones accountable. Personal injury cases can also include wrongful death claims when someone dies due to the inattention or negligence of others.
Damages are usually divided into two categories: punitive and compensatory. Compensatory damages are intended to ensure that the victim is completely for good, including out-of-pocket costs like medical bills and compensation for suffering and pain. Hammond injury lawyer are rare and are designed to punish the wrongdoer for extreme conduct.
This category covers all costs caused by the accident or injury. These could include hospital bills, doctor's fees and physical therapy costs. Some claims may also include additional costs, like the cost of travel to and from appointments, or modifications to your home to accommodate a disability that is permanent.
Non-economic damage can also be called "pain and suffer" damages. These damages are harder to quantify, and include the emotional stress and mental stress that accidents can cause. Based on the extent of your injuries, your lawyer will help you place a value on the damages. This may be based on your ability to carry out the activities you used to or your loss in consortium with your family.
Statute of Limitations
A legal requirement, known as the statute of limitations, any person who suffers injury as a result of an accident must file a lawsuit within a specified time or the claim will be rejected by the courts. This is to protect evidence from being lost or forgotten and to stop people from drag out litigation related to an incident for a long time.
The exact time frame differs between states, however, personal injury claims typically have a two- to four-year limit. There are some exceptions to the time period for filing an injury claim. If you need help in determining whether your case is one of these exceptions, it is best to seek legal advice.
A key aspect of the statute of limitations is that it applies only to the filing of a lawsuit in court. Many cases of injury are resolved through the process of claiming insurance and do not require a formal lawsuit filing. It is nevertheless important to allow yourself enough time to bring a lawsuit in the event that negotiations with insurance don't go as planned, or if a problem arises that is not resolved by insurance.
Certain circumstances may stop the clock on the statute of limitations, but these instances are rare and generally need to be analyzed on an individual case-by-case basis. For example, the statute of limitations may not start running until a victim has discovered or should have reasonably discovered that their injuries were caused by someone else's negligent actions. In some states, such as New York, the statute of limitations differs for claims against municipalities.
Complaint
A personal injury lawsuit is filed by the victim against the party who caused the injury. The plaintiff claims that the defendant breached their duty of care and the breach caused loss and harm to the plaintiff. The defendant is held responsible for these damages.
The complaint is the primary document that is filed in a personal injury case. It provides detailed details concerning the incident that caused your injuries, and the damages you are seeking. The complaint also contains an "prayer for 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.
After the complaint is filed, the defendant is required to submit an answer to the complaint within a certain time period, and they will either admit or deny the allegations made in the complaint. The defendant may also file a counterclaim or add a third party defendant to the case as third party defendant.
A successful personal injury lawsuit depends on solid evidence including medical records and testimony from witnesses. We work closely with our clients to gather all relevant information and then include it in the case. The evidence will also assist us negotiate with the defendant's attorneys or insurance companies to negotiate the best settlement offer possible.
Preliminary Conference
In a personal injury case your lawyer must demonstrate that the negligence of the defendant caused your accident. You must also prove you suffered injuries in your accident and that the injuries are worthy of the amount of financial compensation.
It's a long process, but it is 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 is required to compensate you for your losses. The defendant will provide evidence that their actions are not related to the accident, which prevents them from having to compensate you for your losses.
You must attend a pre-trial conference before you can proceed with the trial. This is usually the first time that your case will have deadlines set by the Court itself. This is also when your lawyer will discuss the matter with the defense.
Preliminary meetings are usually held by a judicial registrar or a member of the court's staff. Unless the case is being handled by New York's Differentiated Case Management Rule, or is otherwise exempt from the Rules the participants are required to attend in person. However, if a party is unable to attend in person, they can take part via phone or online, with the consent of the convenor. If your case will be part of the Differentiated Case Management Program, a preliminary meeting is also an opportunity to determine if your case falls into one of three categories namely advanced standard or complex.
Bill of Particulars
After a complaint and summons are filed, the defendants named in the lawsuit have the option of having twenty or thirty days to respond (although this deadline can be extended with the court's approval). Once the Answer has been filed, the case is moved into what is called the discovery phase. In this stage the parties exchange information via written demands for discovery and depositions.
At the conclusion of discovery The attorney for the plaintiff prepares what is called a Bill of Particulars. This document provides the legal claims being made as well as the relief requested - typically an award of money damages. The Bill of Particulars is meant to inform the defendant of the specific legal claims made, so that they can prepare for trial.
The court must examine the Bill of Particulars before it is allowed to be enforced. Generally speaking, the court will only comply with a Bill of Particulars that is not vague or broad. A Bill of Particulars must only include the specific acts of neglect that are being asserted and must not include new claims. For instance, in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. 1994), the court sustained a motion to strike all references to willful and intentional actions from a medical malpractice claim.
Similarly, the court will not allow the introduction of a new theory of recovery at an unreasonable late stage in the litigation. To avoid causing prejudice, a late amendment to the Bill of Particulars must be supported by an affidavit which provides a reasonable explanation for the lateness of this amendment.
Physical Examination
It is possible to ask why a doctor who isn't familiar with you or your medical history, and isn't familiar with the specifics of your incident, would be asked to conduct a medical exam. However, this kind of exam is actually required under Washington law and could be beneficial in your case.
IMEs are typically conducted by doctors hired by the defendant’s insurance company. They are there to provide an alternative perspective on your injuries. These doctors, who are often referred to as "independent" and have their own agendas and financial stakes in reducing the amount of compensation that can be given to victims of injuries.
If you decide to undergo 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 will provide the complete set of medical records to the doctor to examine. 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 crucial to not play with the severity of your injuries to these doctors, as they are trained to spot the deceit and may use this information against you in trial.