What is a Personal Injury Lawsuit?
You could be entitled to compensation if you were injured as a result of the actions or inactions of another person. To learn more about your rights under the law, contact an experienced personal injury lawyer.
A personal injury lawsuit is civil litigant where the plaintiff seeks compensation for their loss. This includes medical bills or lost wages, as well as property damage. The process can last from a few months to several years.
Damages
A personal injury lawsuit is a legal action which is filed to force another individual or entity to pay you compensation for damages caused by an accident. The injured party is known 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 wrongful actions of others.
A victim's damages are typically divided into two categories: compensatory and punitive. Compensation damages are designed to ensure that the victim is completely for good, including out-of-pocket costs such as medical bills and compensation for pain and suffering. Punitive damages are not common and are designed to punish the wrongdoer for extreme conduct.
The first category of damages is often referred to as "economic damages." This includes the cost of out-of-pocket expenses incurred due to the accident and injuries. These might include doctor's bills or hospital costs, as well as physical therapy expenses. In some cases other expenses such as the cost of travelling to and from appointments, or changes to your home for permanent disabilities may be included in a claim.
Non-economic damage can also be called "pain and suffer" damages. These damages are more difficult to quantify and include the emotional distress and mental stress caused by accidents. Your lawyer will help you evaluate these damages based upon the extent of your injury. This could be based on the ability to continue enjoying the activities you were previously able to enjoy or your loss of connection with family members.
Statute of Limitations
A legal requirement, known as the statute of limitations, any person who suffers an injury in an accident must bring a lawsuit within a specified time or their claim will be rejected by the courts. This is to prevent evidence from being lost or lost in the shuffle and to prevent people from dragging out incident-related litigation indefinitely.
The exact duration of time is different between states, however personal injury claims generally have a two- to four-year limit. There are certain exceptions to the time limit for filing a claim. If you need assistance determining if your case falls under one of these exceptions, then it is recommended that you seek legal advice.
One of the main facets of the statute of limitations is that it only applies to the filing of a lawsuit in court. Insurance claims are often used to resolve injury cases and do not require formal lawsuits. It is essential to allow yourself sufficient time to start a lawsuit in the event that insurance negotiations don't go as planned, or if a problem occurs that cannot be resolved with insurance.
A few circumstances can pause the clock on the statute of limitations, but these instances are extremely rare and need to be considered on an individual case-by-case basis. For example the statute of limitations might not start running until a victim has discovered or reasonably should have discovered that their injury was caused by someone else's negligent actions. In some states, such as New York, the statute of limitations differs for claims against municipalities.
Modesto injury lawyers YouTube is a civil case brought by an injured person against the person or entity that caused the injury. The plaintiff claims that the defendant violated the duty of care, and that this breach caused harm and loss to the plaintiff, and that the defendant should be held accountable for the losses.
The first document filed with a personal injury lawsuit is referred to as the complaint. It includes specific allegations regarding the incident that caused your injuries and outlines the damages you seek. The complaint also contains a "prayer for relief" that outlines what you want 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.
After the complaint is filed, the defendant must submit an answer to the complaint within a certain time frame, and 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 as a third party defendant.
A successful personal injury lawsuit is based on solid evidence, including medical records and testimony from witnesses. We work closely together with our clients to gather all relevant information and then include it in the case. The evidence will also help us negotiate with the defendant's 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 that you suffered injuries as a result of your accident, and that your injuries are a valid reason for financial compensation.
It's not an easy procedure, but it's at the trial that you'll finally know if you will get the compensation you are entitled to. In a trial before a jury, your lawyer will argue that the defendant is liable and is required to compensate you for the losses you suffered. The defendant will argue that their actions are unrelated to the accident, which will prevent them from having to pay you for your losses.
Before you can proceed to trial, you must attend a preliminary conference. This is typically the first time that your case will have deadlines that are set by the Court itself. This is also when your lawyer will discuss the case with the defense.
Preliminary conferences are usually conducted by a judicial registrar or an individual from the court's staff. Unless the case is being handled by New York's Differentiated Case Management Rule, or if it is exempted from the Rules All parties are required to attend in person. However, if a party is unable to attend in person they may participate via phone or internet, with the consent of the convenor. If your case will be part of the Differentiated Case Management Program, an initial meeting also provides an opportunity to determine whether your case falls under one of three categories: advanced standard or complex.
Bill of Particulars
After a summons or complaint are filed, the defendant parties named in the lawsuit have twenty or thirty days to respond (although this deadline can be extended with the court's approval). Once the Answer is filed, the case is moved to what is called the discovery phase. During this phase, both parties exchange information through written discovery demands and depositions.
After the discovery process is concluded the attorney representing the plaintiff drafts what is known as a Bill of Particulars. The document is a legal declaration of claims and the relief sought - 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 the Bill of Particulars before it can be complied with. In general, the court will only accept the Bill of Particulars if it isn't vague or overly broad. A Bill of Particulars should be limited to the specific acts of negligence being asserted and should not include new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ) for instance was a case where the court concluded that the plaintiff was not negligent. In 1994, the court affirmed a motion to strike any references to willful or intentional actions in a medical malpractice case.
The court will also not allow a new doctrine to be added at an point in the case that is unreasonable late. To avoid causing prejudice an amendment made late to a Bill of Particulars must be supported by an affidavit which provides a reasonable explanation for the tardiness of the amendment.
Physical Exam
You might be wondering why a doctor who doesn't know you or your medical history, and isn't familiar with the details of your accident, would be asked to conduct a medical examination. But, this type of exam is actually an obligation under Washington law, and it can be helpful in 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 on your injuries. These doctors, sometimes called "independent" and have their own goals and financial interests in reducing the compensation that is paid to victims.
Your Orange County personal injury attorney will ensure that you are aware of what you can expect from an IME and will provide a copy to the doctor of the relevant medical records. Your lawyer will be present during the IME to make sure that the questions asked by the doctor are in accordance with your medical records. You should not downplay or exaggerate the severity of your injury to these doctors. They are trained to detect fraudulent behavior, and can make use of this information in a trial.