What is a Personal Injury Lawsuit?
If you've been injured through the actions or inactions, you may be entitled to compensation. Contact a knowledgeable personal injury lawyer to learn more about your rights.
A personal injury lawsuit is a civil litigant where the plaintiff seeks compensation for their losses. This includes medical bills, lost wages and property damage. The process can take several months to several years.
Damages
A personal injury lawsuit is a legal proceeding to force another person or entity to pay money for damages related to an accident. The person who is injured is referred to as the plaintiff, while the responsible parties are called defendants. Personal injury cases may include cases of wrongful death when someone dies because of the negligence or wrongful actions of others.
Damages are usually classified into two categories: compensatory and punitive. Compensatory damages are meant to ensure that the victim is completely again, including out-of-pocket expenses like medical bills and compensation for suffering and pain. Punitive damages, which are rare and are designed to punish the perpetrator if they have committed extreme acts.
This category covers all expenses incurred as a result of the injury or accident. This could include hospital bills, doctor's fees and physical therapy costs. Some claims may also include additional expenses, such as travel costs to and from appointments, or the need to modify your home to accommodate a disability that is permanent.
Non-economic damage can also be described as "pain and suffer" damages. They are more difficult to quantify and involve the emotional distress, mental anxiety and suffering that accidents can cause. Your lawyer can help you value these damages based on the extent of your injury. This might be based on your capacity to participate in activities that you used to do or your loss of connection with family members.
Statute of limitations
A legal requirement known as the statute of limitation requires that anyone who is injured in an accident should file an action within a specified date or else the claim will be dismissed. This is done to stop evidence from being lost or lost, and to prevent individuals from dragging litigation relating to incidents out indefinitely.
The time frame for filing a claim differs from one state another, but the majority of personal injury lawsuits have a time limit of between two and four years. There are certain exceptions to the time to file claims. If you require assistance determining if your case falls within one of these exceptions, then it is recommended that you seek legal advice.
One of the main facets of the statute of limitations is that it only applies to the filing of an action in court. Insurance claims are usually used to resolve injuries and do not require formal lawsuits. Even so, Daly City injury lawsuit is important to leave yourself plenty of time to pursue legal action just in case insurance negotiations fail to take place as planned or if an issue arises that can't be addressed by the insurance system.
Certain circumstances can stop the clock of the statute of limitations however, these situations are very rare and have to be evaluated on an individual basis. For example the statute of limitations might not begin to run until a victim discovered or reasonably should have discovered that their injuries were 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 action brought by an injured person against the person or entity who caused the injury. It asserts that the defendant breached their duty of care and that this breach caused harm and losses for the plaintiff. The defendant is then held accountable for the losses.
The first document filed with a personal injury lawsuit is known as the complaint, and it contains specific details about the incident that led to your injuries and outlines the damages you're seeking. The complaint also contains a "prayer of relief" which outlines what you want the court to do. The complaint and summons must be handed over to the defendant.
After the complaint is filed, the defendant has to respond to the complaint within a specific timeframe, and may either deny or admit the allegations made in the complaint. The defendant can also file a counterclaim against the plaintiff or bring in another defendant 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 collect the relevant information and incorporate it in the case. The evidence will also assist us negotiate with the defendant's attorneys or insurance agents to obtain the best settlement possible.
Preliminary Conference
In a personal-injury lawsuit the lawyer for you must prove that negligence on the part of the defendant caused your accident. You must also prove you were injured in your accident and that the injuries are worthy of the amount of financial compensation.
It's not an easy procedure, but it's at the trial that you will find out if you be awarded the compensation you deserve. In a trial before a jury, your lawyer will argue that the defendant is liable and has to pay for your losses. The defendant will argue that their actions are unrelated to the accident, which will prevent them from having to compensate you for your losses.
You must attend a pre-trial discussion prior to 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 attorney will discuss the case with the defense.
Preliminary meetings are usually held by a judicial register or an individual from the court's staff. 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. However, if a party is unable to attend in person they may participate via telephone or on the internet 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 be an opportunity to identify whether your case falls under one of the three categories which are expedited, standard or complex.
Bill of Particulars
After a summons or complaint are filed, the defendants identified in the lawsuit are given twenty or thirty days to submit an Answer (although this time frame can be extended with the court's consent). Once the Answer has been filed, the case is moved into what is called the discovery phase. In this stage, both parties exchange information through written discovery demands and depositions.
Following the conclusion of discovery the attorney representing the plaintiff drafts what is called a Bill of Particulars. The document details legal claims and the relief sought - typically an award of money damages. The Bill of Particulars is intended to put the defendant on notice of the specific legal claims being made, so that they can effectively prepare for trial.
Before a Bill of Particulars can be followed, it has to be reviewed by the court. In general, a court will only abide by the Bill of Particulars if it is not vague or broad. A Bill of Particulars must only include the specific acts of neglect that are being asserted and not include any new claims. For example in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. In 1994, the court upheld the motion to strike out references to intentional or willful acts in a medical malpractice case.
The court will not allow a new theory to be added at an stage in the litigation that is unreasonably late. In order to avoid resultant negative consequences, an amendment made late to a Bill of Particulars should only be allowed when supported by an affidavit offering an adequate explanation for the delay in the amendment.
Physical Exam
If a defense attorney or insurance company demands that you take part in an Independent Medical Examination (IME), your natural first instinct might be to ask the reason a doctor who may not know you or your medical history and the specifics of your incident is requested to conduct an exam. This type of exam, which is required by Washington law, could be beneficial to your case.
IMEs are typically conducted by doctors hired by the insurance company of the defendant. Their goal is to offer a different view of your injuries. Although they are often referred to as "independent," these physicians - just like the insurance companies have their own agendas and financial stake in decreasing the amount of compensation that can be granted to a victim who has been injured.
If you decide to undergo an IME If you decide to undergo an IME, your Orange County personal injury lawyer will ensure that you are aware of what to expect and provide the complete set of medical records for the doctor to look over. Your lawyer will be present during the IME to ensure that the questions posed by the doctor are in accordance with your medical records. It is important to not play up or down the severity of your injuries to the doctors, since they are trained to spot dishonesty and may make use of this information against you at trial.