What is a Personal Injury Lawsuit?
You may be entitled to compensation if have been injured due to the actions or inactions of someone else. To learn more about your legal rights, contact an experienced personal injury lawyer.
A personal injury lawsuit is a civil action where the plaintiff is seeking money to compensate for their losses, such as medical expenses, lost wages, property damage and other expenses. The process can last from a few months to a few years.
Damages
A personal injury lawsuit is a legal proceeding to force another person or entity to pay compensation for the damage caused by an accident. The plaintiff is the victim, and the defendants are the parties responsible. Personal injury cases can also include the wrongful death of a person who dies due to the negligence or wrongful actions of others.
Damages are usually classified into two categories: punitive and compensatory. Compensation damages are designed to help the victim get back on track and regain their financial security, which includes out-of-pocket expenses such as medical expenses as well as compensation for suffering and pain. Punitive damages, which are rare, are meant to punish the wrongdoer for committing extreme crimes.
The first type of damages is usually called "economic damages." This includes the cost of out-of-pocket expenses incurred due to the accident or injury. This could include doctor's fees as well as hospital expenses and physical therapy costs. In certain cases other expenses such as the cost of travel to and from appointments or modifications to your home to accommodate permanent disabilities can be included in a claim.
Non-economic damage can also be referred to by the term "pain and suffer" damages. These damages are difficult to quantify, and include the emotional distress and mental anguish caused by accidents. Based on the severity of your injuries your lawyer will help you place a value on the damages. This may be based on your capacity to perform the things you were previously able to do or your loss of consortium with your family.
Statute of Limitations
A legal principle known as the statute of limitation requires that anyone who is injured in an accident file an action within a specified date or else the claim will be dismissed. This is to protect evidence from being lost or forgotten and to stop people from carrying out litigation related to an incident for a long time.
The time frame for filing a claim differs from one state another, but the majority of personal injury claims have a limit of between two and four years. However, there are exceptions that may extend the time a victim has to make a claim, and they should seek legal advice when to determine if their case falls into one of the exceptions.
The statute of limitations applies only to lawsuits that are filed in court. Many injury cases are resolved through the insurance claim process and do not require a formal lawsuit filing. But, it's important to allow yourself plenty of time to file a lawsuit just in case insurance negotiations don't take place as planned or if an issue arises that cannot be easily addressed through the insurance system.
Certain circumstances may stop the clock on the statute of limitations, however they are rare and need to be assessed on a case by case 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 some states, such as New York, the statute of limitations is different for claims against municipalities.
Complaint
A personal injury lawsuit is a civil action brought by an injured person against the person or entity that caused the injury. It claims that the defendant breached a duty of care, and that this breach caused harm and losses to the plaintiff and that the defendant should be held accountable for the losses.
The complaint is the initial document filed in a personal injury lawsuit. It includes specific allegations about the incident that led to your injuries and the damages you are seeking. It also contains a "prayer for relief" which outlines what you want the court to do. The summons and complaint should be delivered to the defendant.
After the complaint is filed, the defendant is required to submit an answer to the complaint within a specified timeframe, and must either accept or deny the allegations made in the complaint. The defendant may also file a counterclaim or add another defendant to the case by naming third party defendant.
A successful personal injury lawsuit is built on solid evidence, including 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 we collect can also assist us to negotiate with defense lawyers or insurance agents to obtain the best settlement offer.
Preliminary Conference
In a personal injury case your lawyer must demonstrate that the negligence of the defendant caused your accident. You must also prove that you suffered injuries due to your accident and that those injuries warrant financial compensation.
It can be a lengthy process, but the trial is where you can finally determine whether you'll be awarded the damages you're entitled to. In a jury trial, your lawyer will argue that the defendant is accountable and has to pay for your losses. The defendant will present evidence to prove that their actions were unrelated to the accident. This will prevent them from paying you for your losses.
You must attend a pre-trial conference before proceeding with the trial. This is often the first time that your case will be subject to deadlines that are set by the Court itself. It is also the time when your attorney will discuss the case with the defense.
Preliminary conferences are usually conducted by a judicial registrar or someone on the court's staff. Unless the case is being handled under New York's Differentiated Case Management Rule, or is otherwise exempt from the Rules All parties are required to be present in person. If a party is unable to attend in person, the convenor may permit them to attend via phone or via the internet. If your case is to be a part of the Differentiated Case Management program, an initial conference can provide an opportunity to determine whether your case falls under one of the three categories - expedited, standard or complex.
Bill of Particulars
After the complaint and summons are filed, the defendants named in the lawsuit will be given twenty to thirty days (although this timeframe is able to be extended by the court). After the Answer has been filed, the case is moved into the discovery phase. During this stage both parties exchange information through written discovery demands and depositions.
Lake Forest injury attorneys of the plaintiff drafts the Bill of Particulars at the end of the discovery. This document provides 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 made, so that they can prepare for trial.
The court must look over the Bill of Particulars before it can be complied with. Generally, the court will only abide by a Bill of Particulars that is not vague or overly broad. A Bill of Particulars must only include the specific acts of neglect that are being claimed and not include any new claims. For example, in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. 1994) The court ruled in favor of a motion to strike all references to intentional and willful actions from a medical malpractice claim.
Similarly, the court will not permit the introduction of a new theory of recovery at an unreasonably late stage in the litigation. To avoid causing prejudice an amendment made late to a Bill of Particulars must be supported by an affidavit, which gives a reasonable explanation of the tardiness of the amendment.
Physical Examination
If a defense attorney, or an insurance company demands that you take part in an Independent Medical Examination (IME) the first reaction might be to ask why a doctor who does not know you, your medical history, and the particulars of your incident is asked to conduct an exam. But, this type of examination is actually required under Washington law and could be beneficial to your case.
Typically, IMEs are conducted by doctors medical who are hired by the defendant's insurance company and their goal is to offer a different perspective to your injuries. While they are sometimes referred to as "independent," these physicians as well as insurance companies - have their own agenda and financial motives in reducing the amount of compensation that can be awarded to an injured victim.
Your Orange County personal injury attorney will make sure you know what you can expect from an IME and will provide the doctor with a copy of the relevant medical records. Your lawyer will be present during the IME to ensure that the questions posed by the doctor are in line with your medical records. It is not advisable to downplay or exaggerate the severity of your injury to these doctors. They are trained to spot fraud, and may utilize this information in court.