What is a Personal Injury Lawsuit?
If you've been hurt due to another's actions or inactions, you could be entitled to compensation. Contact a knowledgeable personal injury lawyer to learn more about your rights.
A personal injury lawsuit is civil litigation where the plaintiff seeks compensation for their losses. This includes medical bills as well as 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 which is filed to compel another person, or entity to compensate you for the damages that result from an accident. The plaintiff is the injured party and the defendants are the ones accountable. Personal injury cases can also include the wrongful death of a person who dies due to inattention or negligence of others.
The damages a victim suffers are usually broken down into two groups that are 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 designed to punish the offender for extreme behavior.
This category covers all expenses caused by the accident or injury. These might include doctor's bills, hospital costs and physical therapy expenses. In some cases other expenses such as the cost of travel to and from appointments or modifications made to your home due to permanent disabilities could also be included in a claim.
Non-economic damages are commonly referred to as "pain and suffering" damages. Durham injury attorney You Tube are more difficult to quantify and are a result of the emotional distress, mental anxiety and suffering that accidents can cause. Based on the severity of your injuries, your lawyer will assist you to estimate the value of the damages. This might be based on your capacity to continue enjoying the activities you previously enjoyed 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 file a lawsuit within a specified time or else their claim will be dismissed by the courts. This is done to prevent evidence from being lost or lost, and to prevent individuals from dragging litigation relating to incidents out for a long time.
The exact duration of time is different from state to state however personal injury claims generally have a two- to four-year limit. There are certain exceptions to the to file claims. If you need help determining if your case is one of these exceptions, it is recommended to seek legal advice.
A key aspect of the statute of limitations is that it only applies to the filing of a lawsuit in a court. A majority of injuries cases are resolved through the insurance claim process and do not require formal lawsuit filing. It is nevertheless important to give yourself enough time to bring a lawsuit in the event that negotiations with insurance aren't as smooth as you had hoped, or if there is a problem which cannot be resolved through insurance.
Certain circumstances may stop the clock on the statute of limitations, but they are extremely rare and have to be considered on a case by case basis. The statute of limitations might not start until the person realizes or should have realized that the injury was caused by someone else's negligence. In certain states, like New York, it is different for claims that are made 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 alleges that the defendant violated the duty of care, and that this breach caused harm and loss to the plaintiff and that the defendant is accountable for the damages.
The first document filed in a personal injury lawsuit is called the complaint. It contains specific details about the incident that caused your injuries and outlines the damages you are seeking. The complaint also contains an "prayer of relief" which describes what you want the court to do. The summons and complaint should be delivered to the defendant.
The defendant must respond to the complaint within certain time frames and either accept or deny the allegations in the complaint. The defendant may also file a counterclaim or add another defendant to the case as 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 ensure that all relevant information is collected and included in the case. The evidence can also help us negotiate with the defendant's attorneys or insurance representatives to get the best settlement offer possible.
Preliminary Conference
In a personal injury case your lawyer must demonstrate that the defendant's negligence caused your accident. You must also prove that you were injured in the accident and that your injuries are worth an amount of money.
This can be a long process, but the trial is when you will be able to determine if you'll be awarded the damages you're entitled to. In a trial before a jury, your lawyer will argue that the defendant is responsible 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 keep them from having to reimburse you for your losses.
You must attend a pre-trial discussion before proceeding with the trial. This is typically 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 matter with the defense.
A judicial registrar, also known as an official of the court staff usually conducts preliminary conferences. All parties must attend the initial conference in person, unless the case is handled by the New York's Differentiated Case Management Rule or the Rules are otherwise exempted. If, however, a person is unable to attend in person, they can take part via phone or online with the approval of the convenor. If your case is scheduled to be part of the Differentiated Case Management program, a preliminary conference will also provide an opportunity to determine whether your case falls into one of the three classifications that are expedited, standard, or complex.
Bill of Particulars
After the complaint and summons have been filed, defendants named in the lawsuit will be given twenty to thirty days (although this timeframe may be extended by the court). After the Answer is filed, the case is moved to what is called the discovery phase. In this period both sides exchange information in the form of 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. This document outlines the legal claims that are 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 filed so that he or she is able to effectively prepare for trial.
The court must review a Bill of Particulars before it is able to be followed. In general, courts will only accept a Bill of Particulars that is not vague or overly broad. A Bill of Particulars should be limited to the specific acts of negligence being claimed and should not add new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ) for instance, was a case where the court found that the plaintiff had not been negligent. 1994), the court sustained a motion to strike all references to intentional and willful acts from a medical malpractice claim.
The court will not allow a new theory to be introduced at an point in the action 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 delay of this amendment.
Physical Exam
You might be wondering why a doctor who isn't familiar with you or your medical history and is unfamiliar with the specifics of your incident, would be asked to conduct a medical exam. However, this type of examination is actually required under Washington law, and could be beneficial in your case.
Typically, IMEs are conducted by medical doctors who are employed by the insurance company representing the defendant and aim to offer an alternative perspective on your injuries. These doctors, who are sometimes called "independent", have their own agendas and financial interests in reducing the amount of compensation that is paid to victims.
If you decide to go through an IME If you decide to undergo an IME, your Orange County personal injury lawyer will ensure that you are fully informed about what to expect. They will provide a copy of all relevant medical records for the doctor to examine. 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 not advisable to downplay or exaggerate the severity of your injury to the doctors. They are trained to spot dishonesty, and could make use of this information in a trial.