What is a Personal Injury Lawsuit?
You may 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 to pursue compensation, consult a knowledgeable personal injury lawyer.
A personal injury lawsuit is a civil action in which the plaintiff seeks compensation for their losses, which include medical bills, lost wages damages to property and other expenses. The process can last from a few months to several years.
Damages
A personal injury lawsuit is a legal proceeding to force another person or entity to pay you money for damages related to an accident. The party who suffered the injury is known as the plaintiff and the responsible parties are called defendants. Personal injury cases can include the wrongful death of a person who dies due to negligence or wrongdoing of others.
The damages of a victim are typically divided into two categories that are punitive and compensatory. Compensatory damages are meant to ensure that the victim is completely for good, including out-of-pocket costs like medical bills and compensation for suffering and pain. Punitive damages are uncommon and designed to punish the perpetrator for their extreme behavior.
This category covers all costs caused by the injury or accident. These might include doctor's bills or hospital costs, as well as physical therapy costs. In some cases other expenses such as the cost of traveling to and from appointments, or changes to your home for permanent disabilities may be included in an insurance claim.
Non-economic losses are often called "pain and suffering" damages. These are more difficult to quantify and involve the emotional distress, mental anguish and suffering that accidents can cause. Depending on the extent of your injuries, your lawyer will help you estimate the value of these damages. This might be based on your capacity to participate in activities that you were previously able to enjoy or your loss of consortium with family members.
Statute of limitations
A legal rule known as the statute of limitation obliges anyone injured in an accident file a lawsuit before a certain date or else the claim will be dismissed. This is to prevent evidence from being lost or lost in the shuffle and to stop people from drag out litigation relating to incidents for an indefinite period.
The exact time limit differs from one state another, but most personal injury claims have a time frame of between two and four years. However, there are exceptions that could extend the amount of time a victim has to submit their claim. They should seek legal advice when to determine whether or not their case falls into one of the exceptions.
The statute of limitations applies only to lawsuits filed in the court. Many injury cases are resolved through the insurance claim process and do not require formal lawsuit filing. It is nevertheless essential to allow yourself sufficient time to bring a lawsuit in the event that insurance negotiations aren't as smooth as you had hoped, or if there is a problem that cannot be resolved with insurance.
Certain circumstances can stop the clock of the statute of limitations however these cases are rare and generally need to be analyzed on an individual basis. For example the statute of limitations might not begin to run until a victim has discovered or reasonably should have discovered that their injuries were caused by someone else's negligent actions, and in certain 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. The plaintiff claims that the defendant violated their duty of care and that this breach caused harm and losses for the plaintiff. The defendant is then held responsible for these damages.
The complaint is the primary document filed in a personal injury lawsuit. It includes specific allegations regarding the incident that led to 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 must be given to the defendant.
The defendant must respond to the complaint within specific deadlines and either admit or deny the allegations contained in the complaint. The defendant may also file a counterclaim, or add another defendant to the case as a third party defendant.
Dearborn injury lawyers YouTube is based on solid evidence, such as medical documents and witness testimony. We collaborate closely with our clients to ensure that all relevant information is collected and included in the case. The evidence will also assist us negotiate with the attorney for the defendant or insurance representatives to get the most favorable settlement offer.
Preliminary Conference
In a personal-injury lawsuit, your lawyer must prove that negligence on the part of the defendant caused your accident. You must be able to prove that you sustained injuries from your accident, and that the injuries you sustained are worthy of financial compensation.
It can be a lengthy process, but the trial is when you can finally determine whether you'll be awarded the damages you deserve. In a jury trial your lawyer will argue that the defendant is accountable and has to pay for the losses you suffered. The defendant will present evidence that their actions are not related to the accident, which prevents them from having to compensate you for your losses.
Before proceeding to trial you must attend a preliminary conference. This is usually the first time your case will be subject to deadlines established by the Court itself. This is also the time where your lawyer will discuss the case with the defense.
A judicial registrar, or an individual of the court staff usually conducts preliminary conferences. All participants must attend the preliminary 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 cannot attend in person, they can take part via phone or online, with the consent of the convenor. If your case will be part of the Differentiated Case Management Program, a preliminary meeting is also an opportunity to determine whether your case falls within one of three categories namely expedited standard or complex.
Bill of Particulars
When a summons and complaint are filed, the defendant parties who are named in the lawsuit have twenty or thirty days to file an Answer (although this time frame can be extended if the court gives permission). After the Answer is filed, the case enters what is called the discovery phase. In this phase, both sides exchange information in the form of written demand for discovery and depositions.
The plaintiff's lawyer prepares the Bill of Particulars at the conclusion of the discovery. 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 made, so that they can prepare for trial.
The court must look over a Bill of Particulars before it is able to be followed. In general, the court will only be able to abide by a 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 claimed and should not add new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ) for instance was a case in which the court ruled that the plaintiff was not negligent. 1994) the court granted the motion to strike all references to intentional and willful acts from a medical malpractice claim.
The court will not allow introduction of a new doctrine of recovery at an unreasonable late stage in the litigation. To avoid causing prejudice an amendment made late to the Bill of Particulars must be supported by an affidavit, which provides a reasonable explanation for the lateness of this amendment.
Physical Examination
When a defense attorney or insurance company requests that you attend an Independent Medical Examination (IME) the first reaction might be to ask why a doctor who does not know you or your medical history and the particulars of your incident is asked to conduct an exam. This type of exam is required by Washington law, could be beneficial to your case.
Typically, IMEs are conducted by medical doctors who are employed by the insurance company representing the defendant and their aim is to offer a different view of your injuries. These physicians, who are often referred to as "independent" are able to have their own agendas and financial interests in reducing the compensation that can be awarded to injured victims.
Your Orange County personal injury attorney will ensure that you are aware of what you can expect from an IME and will give the doctor with a copy of all relevant medical records. Your lawyer will also be present at the IME and can ensure that you are being treated with respect and courtesy by ensuring that questions of the doctor do not diverge from those in your medical records. It is important to not play with the severity of your injuries to these doctors, as they are trained to spot dishonesty and may make use of this information against you in trial.