What is a Personal Injury Lawsuit?
You may be entitled to compensation if have suffered injuries due to the actions or inactions of someone else. To learn more about your rights under the law, contact an experienced personal injury lawyer.
A personal injury lawsuit is a civil litigation where the plaintiff seeks compensation for their losses. This can include medical bills, lost wages and property damage. The process can take anywhere from several months to several years.
Damages
A personal injury lawsuit is a legal action that is taken to force another person or entity to compensate you for damages resulting from an accident. The injured party is known as the plaintiff, while the responsible parties are called defendants. When someone dies as a result of negligence or wrongdoing by others In wrongful deaths, the case may be part of personal injury lawsuits.
Damages are usually classified into two categories: punitive and compensatory. Compensation damages are based on medical bills as well as pain and suffering compensation, and other out-of-pocket expenses. Punitive damages, which are very rare, are meant to punish the offender when they have committed a number of extreme actions.
This category covers all expenses incurred as a result of the accident or injury. These could include hospital bills medical expenses, doctor's charges and physical therapy costs. Certain claims could also include additional expenses, such as transportation costs to and from appointments, or home modifications to accommodate a permanent disability.
Non-economic damages can also be referred to by the term "pain and suffer" damages. These damages are more difficult to quantify and include the emotional distress and mental anguish caused by accidents. Your lawyer can help you determine the value of these damages based on the severity of your injury. This may be based on your ability to carry out the things you were previously able to do or your loss in consortium with family.
Statute of limitations
A legal requirement known as the statute of limitation obliges anyone injured in an accident should file an action before a specific date or else the claim will be dismissed. This is to protect evidence from being lost or forgotten, and to prevent people from dragging out litigation relating to incidents for an indefinite period.
The exact length of time for filing a claim differs between states, but personal injury claims typically have a two- to four-year limit. However there are exceptions that could prolong the time required for a victim to file their claim and they should seek legal advice for assistance in to determine if their case falls within one of the exceptions.
A key aspect of the statute of limitations is that it only applies to the filing of a lawsuit in a court. Insurance claims are usually used to resolve injuries and do not require formal lawsuits. It is still essential to allow yourself sufficient time to start a lawsuit in the event that negotiations with insurance aren't as smooth as you had hoped, or if a problem occurs which cannot be resolved through insurance.
Some circumstances can pause the clock on the statute of limitations, but they are extremely rare and have 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 a negligence, and in some states, such as New York, the statute of limitations differs for claims against municipalities.
Complaint
A personal injury lawsuit is a civil case initiated by a victim against the person or entity who caused the injury. It claims that the defendant violated their duty of care and that this breach resulted in damage and losses for the plaintiff. The defendant is held accountable for the losses.
The complaint is the primary document filed in a personal injury lawsuit. It provides detailed details about the incident that led to your injuries as well as the damages you want. It also includes a "prayer for relief" which outlines what you would like the court to do. The summons and complaint should be given to the defendant.
The defendant must respond to the complaint within certain time limits and either admit or deny all allegations made in the complaint. The defendant may also file a counterclaim or add a third party defendant to the case by naming a 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 include it in the case. The evidence can also help us negotiate with the defendant's attorneys or insurance agents to obtain the best settlement offer possible.
Preliminary Conference
In a personal injury case the lawyer for you must prove that negligence on the part of the defendant led to your accident. You must be able to prove that you sustained injuries as a result of your accident, and that those injuries warrant financial compensation.
It's a long procedure, but it's at the trial that you will find out if you be awarded the compensation 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 pay for your losses. The defendant will present evidence that their actions do not contribute to the accident, which prevents them from having to pay you for your losses.
You must attend a pre-trial conference before proceeding with the trial. This is the first time your case is subject to deadlines set by a judge. This is also when your attorney will be discussing the matter with the defense.
Tuscaloosa injury attorneys YouTube , also known as an individual from the court staff, typically conducts preliminary conferences. All parties must attend the preliminary conference in person, unless the case is handled under the New York's Differentiated Case Management Rule or the Rules are exempted in other ways. If a person is unable to attend in person, the convenor can allow them to participate by telephone or online. If your case is going to be part of the Differentiated Case Management program, the preliminary conference will provide an opportunity to determine whether your case falls within one of the three classifications which are expedited, standard or complex.
Bill of Particulars
After a summons or complaint are filed, the defendants who are named in the lawsuit have either twenty or thirty days in which to file an Answer (although this deadline may be extended with the court's permission). Once the Answer is filed, the case moves into the discovery phase. In this phase both sides exchange information in the form of written demand for discovery and depositions.
Following the conclusion of discovery the attorney representing the plaintiff drafts what is called a Bill of Particulars. This document outlines legal 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 so that they can prepare for trial.
Before a Bill of Particulars can be followed, it has to be examined by the court. Generally, the court will only comply with a Bill of Particulars that is not overbroad or vague. A Bill of Particulars should be limited to the specific acts of negligence being claimed and should not contain new claims. For example in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. In 1994, the court upheld a motion to strike the reference to willful or deliberate acts in a medical malpractice case.
Similarly, the court will not allow introduction of a new theory of recovery at an unreasonably late stage in the case. To avoid prejudice, an amendment made late to the Bill of Particulars must be supported by an affidavit which gives a reasonable explanation for the lateness of this amendment.
Physical Exam
When a defense attorney or insurance company requests that you take part in an Independent Medical Examination (IME) the first reaction might be to ask the reason a doctor who may not know you, your medical history, and the details of your injury is asked to conduct an exam. This type of exam 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 their goal is to provide a different view of your injuries. While they are sometimes described as "independent," these physicians as well as insurance companies have their own agendas and financial motives in decreasing the amount of compensation that could be awarded to an injured victim.
If you choose to undergo an IME If you decide to undergo an IME, your Orange County personal injury lawyer will ensure that you are well-informed about what to expect and will provide a copy of all relevant medical records for the doctor to look over. Your lawyer will also be present at the IME and will ensure that you are being treated with respect and courtesy by ensuring that questions of the doctor do not diverge from the ones you have in your medical records. It is important to avoid playing around with the severity of your injuries with the doctors, since they are trained to recognize the deceit and may use this information against you at trial.