What is a Personal Injury Lawsuit?
If you have been injured by another person's actions or inactions, you could be able to recover compensation. Contact a knowledgeable personal injury lawyer to learn more about your rights.
A personal injury lawsuit is civil dispute where the plaintiff seeks compensation for their loss. This includes medical expenses or lost wages, as well as property damage. The process can last from a few months to a few years.
Damages
A personal injury lawsuit is a legal proceeding to compel a person or entity to pay you compensation for the damages resulting from an accident. The plaintiff is the victim and the defendants are the ones accountable. If someone dies as the result of negligence or wrongdoing by others In wrongful deaths, the case may be part of personal injury lawsuits.
Damages are typically classified into two categories: punitive and compensatory. Ventura injury attorneys are based on medical bills, pain and suffering compensation, and other out of pocket expenses. Punitive damages are uncommon and designed to punish the offender for extreme behavior.
The first type of damages is usually called "economic damages." This includes the cost of out-of-pocket expenses incurred due to the accident or injury. This could include doctor's fees as well as hospital expenses and physical therapy costs. Some claims may also include additional costs, like transportation costs to and from appointments, or home modifications to accommodate a disability that is permanent.
Non-economic damages are also referred to by the term "pain and suffer" damages. They are more difficult to quantify and are a result of the emotional distress, mental suffering and anguish that accidents can cause. Your lawyer will assist you to determine the value of these damages based on the extent of your injury. This could be based on the ability to do things you did before or your loss of consortium with family.
Statute of limitations
In a legal rule known as the statute of limitations, anyone who suffers an injury in an accident must bring a lawsuit within a specific time period or the claim will be rejected by the courts. This is done to stop evidence from being forgotten or lost, and to prevent those who delay bringing litigation related to an incident out for a long time.
The time frame for filing a claim differs from one state another, but most personal injury lawsuits have a time limit of two to four years. However, there are exceptions that may prolong the time that a victim must file their claim and they should seek legal advice for assistance in to determine whether or not your case falls under one of these exceptions.
The statute of limitations is only applicable to lawsuits filed in the court. Insurance claims are typically used to settle injury cases and do not require formal lawsuits. It is nevertheless essential to allow yourself sufficient time to bring a lawsuit in the event that negotiations with insurance aren't as smooth as you had hoped, or if a problem arises that cannot be resolved with insurance.
A few circumstances can pause the clock of the statute of limitations, but these instances are extremely rare and need to be analyzed on an individual basis. For instance, the statute of limitations might not begin to run until a victim discovered or reasonably should have discovered that their injury was caused by another person's negligent actions, and in certain states, like New York, the statute of limitations differs for claims against municipalities.
Complaint
A personal injury lawsuit is a civil suit brought by an injured person against the person or entity who caused the injury. It claims that the defendant breached their duty of care and that the breach caused loss and harm to the plaintiff. The defendant is then held accountable for the losses.
The complaint is the primary document filed in a personal injury lawsuit. It includes specific allegations about the incident that led to your injuries as well as the damages you want. It also contains a "prayer for relief" which outlines what you would like the court to do. The complaint and summons must be given to the defendant.
The defendant must respond to the complaint within a set of deadlines and either admit or deny the allegations contained in the complaint. The defendant may also make a counterclaim against the plaintiff or introduce another defendant as a third-party defendant.
A successful personal injury lawsuit is built on solid evidence, which includes medical records and witness testimony. We work closely with our clients to collect the relevant information and incorporate it in the case. The evidence we collect will also assist us in negotiate with the defendants' attorneys or insurance agents to negotiate the most favorable settlement offer.
Preliminary Conference
In a personal injury case the attorney for you must prove that the negligence of the defendant led to your accident. You must also prove you were injured in your accident and that your injuries are worthy of the amount of financial compensation.
It can be a lengthy process, but the trial is when you can finally determine whether you'll receive the compensation you're entitled to. In the trial before jurors, your lawyer will argue for the defendant's responsibility and the need to pay for your losses. The defendant will argue that their actions are unrelated to the accident, which will keep them from having to reimburse you for your losses.
Before you can proceed to trial you must attend a preliminary conference. This is the first time your case has deadlines set by a judge. This is also when your lawyer will discuss the issue with the defense.
Preliminary meetings are usually held by a judicial register or a member of the court's staff. All parties must attend the initial conference in person unless the case is handled by New York's Differentiated Case Management Rule or the Rules are otherwise exempted. 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, a preliminary conference will also be a chance to determine whether your case falls into one of the three classifications that are expedited, standard, or complex.
Bill of Particulars
When a summons and complaint are filed, the defendant parties identified in the lawsuit are given either twenty or thirty days in which to file an Answer (although this deadline can be extended with the court's approval). After the Answer is filed, the case is moved to what is known as the discovery phase. In this period, both sides exchange information in the form of written discovery demands 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 - usually an award of money damages. The Bill of Particulars is meant to inform the defendant of the specific legal claims being made, so that they can prepare for trial.
The court must examine a Bill of Particulars before it can be complied with. In general, a court will only be able to abide by the Bill of Particulars if it is not vague or overbroad. A Bill of Particulars must only include the specific acts of negligence that are being asserted and must not include new claims. For example in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. 1994) The court ruled in favor of a motion to strike all references to intentional and willful acts from a medical malpractice claim.
In the same way, the court will not allow the introduction of a new theory of recovery at an unreasonably late point in the action. In order to avoid resultant adverse consequences, a late amendment to the Bill of Particulars should only be allowed if accompanied by an affidavit offering an adequate explanation for the delay in the amendment.
Physical Examination
It is possible to ask why a doctor who doesn't know you, or your medical history and isn't familiar with the specifics of your accident, should be asked to conduct a medical examination. But, this type of exam is actually a requirement under Washington law, and can be helpful to your case.
Typically, IMEs are conducted by medical doctors who are employed by the insurance company of the defendant and aim to provide a different perspective on your injuries. Although they are sometimes referred to as "independent," these physicians as well as insurance companies have their own agendas and financial motives in decreasing the amount of compensation that may be given to a victim of injury.
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. They will provide copies of all relevant medical records for the doctor to review. Your lawyer will be present during the IME to ensure that the questions asked by the doctor are in line with your medical records. It is crucial to not play with the extent of your injuries with the doctors, since they are trained to recognize dishonesty and may make use of this information against you at trial.