What is a Personal Injury Lawsuit?
If you've been injured by another person's actions or inactions, you may be eligible for compensation. To find out more about your legal rights, contact an experienced personal injury lawyer.
A personal injury lawsuit is a civil matter where the plaintiff is seeking money to cover their losses, such as medical expenses, lost wages, property damage and other expenses. The process can run from a few months to several years.
Damages
A personal injury lawsuit is a legal proceeding to force another person or entity to pay compensation for the damage caused by an accident. The plaintiff is the injured party, and the defendants are the parties accountable. If someone dies as the result of carelessness or infractions committed by others, wrongful death cases may be part of personal injury lawsuits.
A victim's damages are typically divided into two categories that are punitive and compensatory. Compensation damages are based on medical bills as well as pain and loss compensation and other out-of pocket expenses. Punitive damages, which are rare, are meant to punish the wrongdoer if they have committed extreme crimes.
The first category of damages is typically referred to as "economic damages." This includes any out-of-pocket costs resulting from the accident or injury. This could include doctor's fees or hospital costs, as well as physical therapy expenses. In certain cases, additional expenses like the cost of travelling to and from appointments or modifications made to your home due to permanent disabilities may be included in an insurance claim.
Non-economic damages are often called "pain and suffering" damages. These damages are harder to quantify, and include the emotional distress and mental stress caused by accidents. Your lawyer can help you value these damages based on the severity of your injuries. This could be based on the capacity to perform the things you did before or your loss of consortium with family.
Statute of limitations
A legal rule known as the statute of limitation requires that anyone who is injured in an accident should file an action before a specific date or the claim will be dismissed. This is to protect 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 varies between states, however, personal injury claims typically have a two-to four-year limit. However, there are exceptions that can extend the time required for a victim to submit their claim. They should seek legal advice when to determine if their case falls within one of these exceptions.
One of the most important aspects of the statute of limitations is that it only applies to the filing of an action in a court. Insurance claims are usually used to resolve injury cases and do not require formal lawsuits. But, it's important to leave yourself enough time to pursue legal action in the event that negotiations fail to follow the plan or there is a problem that cannot be addressed by the insurance system.
A few circumstances can pause the clock of the statute of limitations however these cases are rare and generally need to be considered on an individual case-by-case basis. The statute of limitation may not start until the person realizes or should have realized that the injury resulted from 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 action filed by an injured party against the person or entity that 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 accountable for the losses.
The complaint is the first document that is filed in a personal injury lawsuit. It includes specific allegations regarding the incident that caused your injuries, and the damages you seek. The complaint also contains a "prayer of relief" which outlines what you want the court to do. The summons and complaint should be given to the defendant.
After the complaint is filed, the defendant must file an answer to the complaint within a specified time frame, and must either accept or deny 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 is based on solid evidence such as medical documents and testimony from witnesses. We work closely together with our clients to collect the relevant information and incorporate 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, your lawyer 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 the injuries you sustained are worthy of 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 a jury trial, your lawyer will argue that the defendant is accountable and must pay you for the losses you suffered. The defendant will present evidence that their actions are not related to the accident, which will prevent them from having to reimburse you for your losses.
You must attend a pre-trial conference before proceeding with the trial. This is typically the first time that your case will be subject to deadlines that are set by the Court itself. This is also when your lawyer will discuss the issue with the defense.
A judicial registrar, also known as an individual of the court staff typically conducts preliminary conferences. All parties must attend the initial conference in person unless the case is handled in accordance with the New York's Differentiated Case Management Rule or the Rules are otherwise exempted. If a party is unable to attend in person, the convenor can permit them to attend via 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 whether your case falls under one of three categories: expedited standard or complex.
Bill of Particulars
After the complaint and summons are filed, the defendants named in the lawsuit will be given between twenty and thirty days (although this time frame may be extended by the court). After the Answer is filed, the case moves into the discovery phase. In this period, both sides exchange information in the form of written demand for discovery and depositions.
After the discovery process is concluded The attorney for the plaintiff prepares what is called a Bill of Particulars. This document provides the legal claims being made and the relief sought - usually the award of damages in cash. The Bill of Particulars is intended to put the defendant on notice of the specific legal claims being made, so that he or she can prepare effectively for trial.
The court must review the Bill of Particulars before it is allowed to be enforced. Generally, the court will only accept a Bill of Particulars that is not vague or broad. A Bill of Particulars should be limited to the specific negligence that is being asserted and should not include new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ), for example was a case in which the court concluded that the plaintiff had not been negligent. 1994) The court ruled in favor of a motion to strike all references to willful and intentional acts from a medical negligence claim.
The court will not allow a new theory to be added at an stage in the litigation that is unreasonable late. To avoid causing prejudice an amendment made late to the Bill of Particulars must be supported by an affidavit that provides a reasonable explanation for the delay of this amendment.
Physical Exam
You might be wondering the reason why a doctor, who isn't familiar with you or your medical history and isn't familiar with the specifics of your accident, would be required to conduct a medical exam. This type of exam is required under Washington law, could be beneficial to your case.
Typically, Milpitas injury attorneys are conducted by doctors medical who are hired by the insurance company of the defendant and their aim is to offer a different perspective to your injuries. These doctors, often referred to as "independent", have their own agendas and financial stakes in reducing the compensation that can be paid to victims.
Your Orange County personal injury attorney will make sure you know what to expect from an IME and will provide the doctor with a copy of all relevant medical records. Your lawyer will also be present at the IME and will make sure 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 not play up or down the extent of your injuries with the doctors, since they are trained to recognize the deceit and may make use of this information against you at trial.