What is a Personal Injury Lawsuit?
If you've been injured due to another's actions or inactions, you could be eligible for compensation. Contact a knowledgeable personal injury lawyer to learn more about your rights.
A personal injury lawsuit is a civil dispute in which the plaintiff seeks compensation for their losses. This includes medical bills 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 another person or entity to pay you money for damages related to an accident. The person who is injured is referred to as the plaintiff and the parties accountable are known as defendants. If someone dies as the result of the carelessness or infractions committed by others, wrongful death cases may be part of personal injury lawsuits.
Damages are usually divided into two categories: punitive and compensatory. Compensatory damages include medical bills as well as pain and suffering compensation and other out-of pocket expenses. Punitive damages are uncommon and are designed to punish the wrongdoer for extreme conduct.
This category covers all costs incurred as a result of the accident or injury. These might include doctor's bills, hospital costs and physical therapy costs. Certain claims could also include additional expenses, such as transportation costs to and from appointments or the need to modify your home to accommodate a disability that is permanent.
Non-economic losses are often referred to as "pain and suffering" damages. These are more difficult to quantify and involve the mental and emotional stress, suffering and anguish caused by accidents. Based on the severity of your injuries your lawyer can help you place a value on these damages. This could be based on the capacity to perform the activities you used to or your loss of consortium with your family.
Statute of Limitations
In a legal rule known as the statute of limitations, any person who suffers injury as a result of an accident must bring a lawsuit within a certain time frame or the claim will be dismissed by the courts. This is to stop evidence from being forgotten or lost, and to prevent people from dragging incident-related litigation out indefinitely.
The time frame for filing a claim varies from one state to another, but most personal injury claims have a time frame of between two and four years. There are certain exceptions to the time to file an injury claim. If Garden Grove injury lawyer need help in determining whether your case falls under one of these exceptions, then it is recommended to seek legal advice.
The statute of limitations only applies to lawsuits filed in the court. Many cases of injury are resolved through the process of filing an insurance claim and do not require a formal lawsuit filing. Even so, it is crucial to give yourself enough time to pursue legal action just in case insurance negotiations do not follow the plan or an issue arises that cannot be easily addressed through the insurance system.
Certain circumstances can stop the clock on the statute of limitations, however they are extremely rare and have to be evaluated on a case by case basis. For instance, the statute of limitations may not start running until the victim discovers or should have reasonably discovered that their injuries were caused by a 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 filed by an injured party against the person or entity that 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 accountable for the losses.
The complaint is the primary document that you file in a personal injury case. It contains detailed allegations concerning the incident that led to your injuries, and the damages you want. It also contains an "prayer for relief" which outlines what you want the court to do. The complaint and summons must be delivered to the defendant.
The defendant must respond to the complaint within a set of time frames and either accept or deny all allegations in the complaint. The defendant can also file a counterclaim, or add a third party defendant to the case as third party defendant.
A successful personal injury lawsuit is based on solid evidence, such as medical documents and witness testimony. We work closely with our clients to gather all relevant information and include it in the case. The evidence will also assist us negotiate with the attorney for the defendant or insurance representatives to get the best settlement offer possible.
Preliminary Conference
In a personal injury case the attorney for you must prove that the defendant's negligence caused your accident. You must be able to prove that you sustained injuries as a result of your accident, and that your injuries are a valid reason for financial compensation.
It's not an easy procedure, but it's at the trial that you'll be able to determine if you receive the damages you are entitled to. In a jury trial, your lawyer will argue that the defendant is liable and has to pay for the losses you suffered. The defendant will present evidence to show that their actions are not connected to the accident. This will stop them from settling your losses.
You must attend a pre-trial conference before you can proceed with the trial. This is typically the first time your case will have deadlines established by the Court itself. It is also the time where your lawyer will discuss the case with the defense.
A judicial registrar, or an official of the court staff usually conducts preliminary conferences. All parties must attend the initial conference in person unless the case has been handled in accordance with New York's Differentiated Case Management Rule or the Rules are otherwise exempted. However, if a party cannot attend in person, they can participate via phone or internet, with the consent of the convenor. If your case is to be part of the Differentiated Case Management program, a preliminary conference will also provide an opportunity to determine whether your case falls within one of the three categories - expedited, standard or complex.
Bill of Particulars
After the complaint and summons have been filed, the defendants named in the lawsuit will be given between twenty and thirty days (although this timeframe is able to be extended by the court). Once the Answer is filed, the case enters what is called the discovery phase. In this phase, both parties exchange information via written discovery demands and depositions.
The lawyer of the plaintiff drafts a Bill of Particulars at the end of the discovery. This document outlines the legal claims being made as well as the relief requested - typically an award of money damages. The Bill of Particulars is meant to inform the defendant of the specific legal claims that are made so that they can prepare for trial.
Before a Bill of Particulars can be followed, it must be scrutinized by the court. In general, courts will only comply with a Bill of Particulars that is not vague or broad. A Bill of Particulars must only include the specific acts of neglect that are being alleged, and not add any 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 had not been negligent. In 1994, the court upheld the motion to strike all the reference to willful or deliberate acts in a medical negligence case.
The court will not allow a new doctrine to be added at a point in the action that is unreasonablely late. To avoid prejudice, an amendment made late to the Bill of Particulars must be supported by an affidavit which gives a reasonable explanation of the tardiness of the amendment.
Physical Exam
If a defense attorney or insurance company demands that you attend an Independent Medical Examination (IME) Your first reaction might be to ask the reason a doctor who may not know you and your medical history and the specifics of your incident is asked to conduct an exam. This type of exam, which is required by Washington law, could be beneficial to your case.
Typically, IMEs are conducted by doctors medical who are hired by the insurance company representing the defendant and their aim is to provide a different view of your injuries. These physicians, who are sometimes referred to as "independent" and have their own goals and financial interests in reducing the amount of compensation that is awarded to injured victims.
Your Orange County personal injury attorney will make sure you know what you can expect from an IME and will give a copy to the doctor of all relevant medical records. Your lawyer will also be present at the IME and can ensure that you are being treated in a fair manner by ensuring that the questions of the doctor do not diverge from the ones in your medical records. It is important to not play around with the severity of your injuries with the doctors, since they are trained to recognize dishonesty and may use this information against you in trial.