What is a Personal Injury Lawsuit?
If you've been hurt through the actions or inactions, you may be entitled to compensation. Contact a seasoned personal injury attorney to learn more about your rights.
A personal injury lawsuit is civil litigation 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 take several months to several years.
Damages
A personal injury lawsuit is a legal proceeding that is taken to force another individual or entity to pay you compensation for damages caused by an accident. The plaintiff is the victim and the defendants are the ones responsible. If someone dies as the result of the carelessness or infractions committed by others, wrongful death cases are often included in personal injury claims.
Damages are usually divided into two categories: punitive and compensatory. Compensatory damages include medical bills, pain and suffering compensation, and other out-of-pocket expenses. Punitive damages are not common and are intended to penalize the wrongdoer for extreme conduct.
This category covers all expenses incurred as a result of the injury or accident. This could include hospital bills medical expenses, doctor's charges and physical therapy costs. In certain cases, additional expenses like the cost of travelling to and from appointments or modifications made to your home to accommodate permanent disabilities could also be included in the claim.
Non-economic damages are often described as "pain and suffering" damages. These are more difficult to quantify and include the mental and emotional stress, anxiety and suffering that an accident can cause. Your lawyer will help you evaluate these damages based upon the severity of your injury. This could be based on your capacity to continue enjoying the activities you were previously able to enjoy or your loss of connection with family members.
Statute of Limitations
Under a legal rule called the statute of limitations, anyone 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 done to prevent evidence from being forgotten or lost, and to prevent people from dragging incident-related litigation out for an indefinite period.
The exact time frame differs between states, however, personal injury claims typically have a two-to four-year limitation. However, there are exceptions that could extend the amount of time a victim has to make a claim, and they should seek legal advice for help to determine if their case falls within one of the exceptions.
One of the most important aspects 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 process of claiming insurance and do not require a formal lawsuit filing. It is important to give yourself enough time to bring a lawsuit in the event that insurance negotiations do not 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, however they are rare and need to be considered on a case-by-case basis. For example the statute of limitations may not start to run until a victim has discovered or reasonably should have discovered that their injuries were 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 filed by the victim against the party 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 should be held liable for those damages.
The first document filed in a personal injury lawsuit is known as the complaint. It contains detailed allegations about the incident that led to your injuries and outlines the damages you're seeking. The complaint also contains a "prayer for relief" which outlines what you would like the court to do. The complaint must be served on the defendant, along with a summons which is a notification that they are being sued.
The defendant must respond to the complaint within a set of time frames and either accept or deny the allegations in the complaint. The defendant can also bring a counterclaim against plaintiff or introduce another defendant as a third-party defendant.
A successful personal injury lawsuit is based on solid evidence, such as medical records and witness testimony. We work closely with our clients to gather all relevant information and then include it in the case. The evidence we collect will also assist us in negotiate with defendants' attorneys or insurance companies to negotiate the most favorable settlement offer.
Preliminary Conference
In a personal injury case your lawyer must show that negligence on the part of the defendant led to your accident. You must also prove you were injured in your accident and that these injuries are worthy of financial compensation.
It can be a lengthy process however, the trial is when you'll be able to decide if you'll receive the compensation you deserve. In a trial before jurors the lawyer will argue that the defendant is at responsibility and the need to compensate you for your losses. The defendant will provide evidence to prove 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 proceeding with the trial. This is usually the first time that your case will have deadlines that are set 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. All participants must attend the preliminary conference in person unless the case has been handled by New York's Differentiated Case Management Rule or the Rules are otherwise exempted. If a party is not able to attend in person, the convenor is able to allow them to participate by phone or via the internet. If your case will be part of the Differentiated Case Management Program, the initial meeting provides an opportunity to determine if your case falls within one of three categories namely advanced standard or complex.
Bill of Particulars
After the summons and complaint are filed, the defendants named in the lawsuit will have between twenty and thirty days (although this deadline can be extended by the court). After the Answer is filed, the case enters what is called the discovery phase. In this stage the parties exchange information via written discovery demands and depositions.
At the conclusion of discovery the attorney representing the plaintiff drafts what is called a Bill of Particulars. This document provides the legal claims being made and the relief sought - usually an award of money damages. The Bill of Particulars is intended to inform the defendant notice of the specific legal claims being made so that they can prepare effectively for trial.
Before a Bill of Particulars can be followed, it must be examined by the court. In general, a court will only accept a Bill of Particulars if it is not vague or overbroad. A Bill of Particulars should be limited to the specific acts of negligence being claimed and should not add new claims. For example, in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. In Cincinnati injury attorney , the court affirmed a motion to strike any references to willful or intentional acts in a medical negligence case.
The court will not allow addition of a new theory of recovery at an unreasonable late stage in the case. In order to avoid resultant negative consequences, an amendment made late to the Bill of Particulars should only be allowed if accompanied by an affidavit offering an acceptable explanation for the lateness of the amendment.
Physical Examination
You might be wondering 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. This type of examination is required by Washington law, can be beneficial to your case.
Typically, IMEs are conducted by doctors medical who are hired by the insurance company representing the defendant and their goal is to offer an alternative perspective to your injuries. These doctors, often referred to as "independent" are able to have their own goals and financial interests in reducing the amount of compensation that can be given to victims of injuries.
Your Orange County personal injury attorney will ensure that you understand what you can expect from an IME and will provide a copy to the doctor of all pertinent medical records. Your lawyer will be present during the IME to ensure that the questions posed by the doctor are in line with your medical records. It is essential to avoid playing with the severity of your injuries with the doctors, since they are trained to recognize the deceit and may utilize this information against you at trial.