What is a Personal Injury Lawsuit?
If you have been injured by another person's actions or inactions, you may be entitled to compensation. 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 matter in which the plaintiff seeks compensation for their losses, such as medical bills, lost wages, property damage and other expenses. The process can last from several months to several years.
Damages
A personal injury lawsuit is a legal proceeding that is used to compel another person, or entity, to pay you compensation for damages caused by an accident. The plaintiff is the injured party and the defendants are responsible. Personal injury cases can include wrongful death claims when someone dies due to negligence or wrongful actions of others.
The damages a victim suffers are usually broken down into two groups: compensatory and punitive. Compensatory damages are intended to ensure that the victim is completely again, including out-of-pocket expenses like medical bills and compensation for pain and suffering. Punitive damages, which are very rare and are intended to punish the wrongdoer if they have committed extreme acts.
The first category of damages is usually referred to as "economic damages." This is the term used to describe any out-of-pocket costs resulting from the accident or injury. These may include hospital expenses medical expenses, doctor's charges and physical therapy costs. In some cases other expenses such as the cost of travelling to and from appointments or changes 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 more difficult to quantify, and they comprise the emotional distress and mental stress that accidents can cause. Depending on Napa injury lawyers of your injuries, your lawyer will assist you to estimate the value of the damages. This may be based on your ability to do things you were previously able to do or your loss in consortium with family.
Statute of Limitations
A legal principle known as the statute of limitation stipulates that anyone injured in an accident should file an action before a specific date or else the claim will be dismissed. This is to stop evidence from being forgotten or lost and to stop individuals from dragging litigation relating to incidents out for a long time.
The exact duration of time differs between states, however, personal injury claims typically have a two- to four-year limit. There are certain exceptions to the limit for filing a claim. If you need help to determine if your claim falls within one of these exceptions, then it is recommended that you seek legal advice.
One of the most important aspects of the statute of limitations is that it only applies to the filing of an action in court. Many cases of injury are resolved through the insurance claim process and do not require formal lawsuit filing. Even so, it is crucial to give yourself enough time to pursue legal action just in case insurance negotiations do not take place as planned or if 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 analyzed on an individual case-by-case basis. The statute of limitation may not begin until the victim is aware or should have known that the injury was caused by someone else's negligence. In some states, such as New York, it is different for claims made against municipalities.
Complaint
A personal injury lawsuit is filed by a victim against the person who caused the injury. It claims that the defendant violated a duty of care, that this breach caused harm and loss to the plaintiff and that the defendant is liable for those damages.
The complaint is the initial document filed in a personal injury case. It provides detailed details about the incident that led to your injuries as well as the damages you want. It also contains the "prayer for relief" that describes what you want the court to do. The complaint must be served to the defendant with a summons that is a notice that they are being sued.
The defendant must respond to the complaint within a set of deadlines and either admit or deny the allegations in the complaint. The defendant may 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, including medical documents and witness testimony. We work closely together with our clients to collect all relevant information and then include it in the case. The evidence will also help us negotiate with the attorney for the defendant or insurance companies to negotiate the best settlement offer possible.
Preliminary Conference
In a personal-injury case the lawyer for you must prove that negligence on the part of the defendant caused your accident. You must be able to prove that you sustained injuries due to your accident and that your injuries are a valid reason for financial compensation.
This could be a long process, but the trial is where you can finally determine whether you'll get the damages you deserve. In a trial before a jury, your lawyer will argue that the defendant is accountable and must pay you for the losses you suffered. The defendant will provide evidence to prove that their actions were unrelated to the accident. This will stop them from paying you for your losses.
You must attend a pre-trial conference before you can proceed with the trial. This is often the first time your case will be subject to deadlines established by the Court itself. It is also the time that your lawyer will discuss the case with the defense.
Preliminary conferences are typically conducted by a judicial registrar or someone on the court's staff. All participants must attend the preliminary conference in person unless the case has been handled under 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 participate via telephone or on the internet with the approval of the convenor. If your case is part of the Differentiated Case Management Program, a preliminary meeting is also an opportunity to determine if your case falls into one of three categories - expedited standard or complex.
Bill of Particulars
After a complaint and summons are filed, the defendants named in the lawsuit have the option of having twenty or thirty days to submit an Answer (although this deadline may be extended if the court gives approval). When the Answer is filed, the case enters what is known as the discovery phase. During this time both sides exchange information in the form of written demands for discovery and depositions.
Following the conclusion of discovery the attorney representing the plaintiff drafts what is known as a Bill of Particulars. This document outlines the legal claims being made as well as the relief requested - 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.
Before a Bill of Particulars can be followed, it has to be examined by the court. In general, the court will only abide by a 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 alleged and must not include new claims. For example in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. In 1994, the court affirmed the motion to strike all the reference to willful or deliberate acts in a medical negligence case.
The court will not permit a new theory to be added at an point in the case that is unreasonablely late. To avoid adverse consequences, a late amendment to a Bill of Particulars should only be permitted if supported by an affidavit that provides an acceptable explanation for the lateness of the amendment.
Physical Exam
You might be wondering the reason 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 kind of exam is actually an obligation under Washington law, and it 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 perspective on your injuries. These doctors, who are sometimes referred to as "independent", have their own agendas and financial stakes in reducing the amount of compensation that is given to victims of injuries.
Your Orange County personal injury attorney will ensure that you understand what to expect from an IME and will provide a copy to the doctor of the relevant medical records. Your lawyer will be present during the IME to make sure that the questions asked by the doctor are in line with your medical records. You should not downplay or exaggerate the severity of your injuries to these doctors. They are trained to spot fraudulent behavior, and can make use of this information in a trial.