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If you've been hurt through the actions or inactions, you may be entitled to compensation. Contact an experienced personal injury attorney to learn more about your rights.
A personal injury lawsuit is a civil matter where the plaintiff is seeking compensation for their losses, which include medical expenses, lost wages, damages to property and other expenses. The process can run from a few months to several years.
Damages
A personal injury lawsuit is a legal process that is used to force another person or entity to compensate you for damages resulting from an accident. The plaintiff is the injured party, and the defendants are accountable. If someone dies as the result of negligence or wrongdoing by others, wrongful death cases may be part of personal injury claims.
Damages are usually classified into two categories: compensatory and punitive. Compensatory damages include medical bills as well as pain and suffering compensation, and other out of pocket expenses. Punitive damages are uncommon and designed to punish the offender for extreme behavior.
This category covers all expenses caused by the accident or injury. These could include hospital bills, doctor's fees and physical therapy costs. Some claims may also include additional costs, like travel costs to and from appointments, or home modifications to accommodate a disability that is permanent.
Non-economic damage can also be referred to by the term "pain and suffer" damages. These damages are difficult to quantify, and comprise the emotional distress and mental anguish that accidents can cause. Your lawyer can help you evaluate these damages based upon the extent of your injury. It could be based on your capacity to enjoy activities you used to do or your loss of connection with family members.
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 specified time or their claim will be rejected by the courts. This is to stop evidence from being lost or lost and to stop people from dragging incident-related litigation out for an indefinite period.
The exact duration of the time limit is different from one state to another, but the majority of personal injury lawsuits have a time limit of between two and four years. However there are exceptions that could extend the time a victim has to submit their claim. They should seek legal advice for help to determine whether or not their case falls into one of these exceptions.
One of the main facets of the statute of limitations is that it only applies to the filing of a lawsuit in court. Many cases of injury are resolved through the insurance claim process and do not require a formal lawsuit filing. But, it's important to leave yourself plenty of time to pursue legal action in the event that insurance negotiations do not go as planned or an issue arises that cannot be addressed by the insurance system.
Certain circumstances may stop the statute of limitations clock, but these instances are rare and generally need to be analyzed on a case-by-case basis. For instance, the statute of limitations may not begin to run until a victim discovered or ought to have realized that their injury was caused by someone else's negligent actions. In certain states, such as New York, the statute of limitations differs for claims against municipalities.
Complaint
A personal injury lawsuit is filed by a victim against the person who caused the injury. It asserts that the defendant breached their duty of care and this breach caused loss and harm to the plaintiff. The defendant is then held accountable for the losses.
The complaint is the first document that is filed in a personal injury lawsuit. It includes specific allegations about the incident that led to your injuries and the damages you seek. It also includes a "prayer for relief" which outlines what you would like the court to do. The summons and complaint should be handed over to the defendant.
The defendant must respond to the complaint within certain time limits and either admit or deny all the allegations made in the complaint. The defendant may also file a counterclaim or add another defendant to the case by naming a third party defendant.
A successful personal injury lawsuit is built on solid evidence, such as 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 we have will also assist us in negotiate with the defense attorneys or insurance companies to negotiate the most favorable settlement offer.
Preliminary Conference
In a personal injury case, your lawyer must prove that negligence on the part of the defendant led to 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's not an easy procedure, but it's at the trial that you will finally know if you will be awarded the compensation you deserve. In the trial before the jury, your lawyer will argue the defendant's responsibility and the need to compensate you for your losses. The defendant will provide evidence that their actions are not related to the accident, which will keep them from having to compensate you for your losses.
You must attend a pre-trial discussion before you can proceed with the trial. This is usually the first time your case will be subject to deadlines set by the Court itself. It is also the time where your attorney will discuss the case with the defense.
Preliminary conferences are typically conducted by a judicial registrar or an individual from the court's staff. Unless the case is being handled in accordance with New York's Differentiated Case Management Rule, or if it is exempted from the Rules the 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 telephone or online. If your case is part of the Differentiated Case Management Program, an initial meeting also provides an opportunity to determine if your case falls under one of three categories namely complicated or expedited standard.
Bill of Particulars
After the summons and complaint have been filed, defendants named in the lawsuit will have twenty to thirty days (although this time frame can be extended by the court). When the Answer is filed, the case enters what is known as the discovery phase. During this stage the parties exchange information via written discovery demands and depositions.
The lawyer for the plaintiff prepares a Bill of Particulars at the end of the discovery. This document provides the legal claims being made and the relief sought, usually the award of damages in cash. The Bill of Particulars is intended to inform the defendant notice of the specific legal claims being made so that he or she can prepare effectively for trial.
Before a Bill of Particulars can be followed, it has to be examined by the court. In general, courts will only comply with a Bill of Particulars that is not overbroad or vague. A Bill of Particulars must only include the specific acts of neglect that are being asserted, and not add any new claims. For instance, in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. 1994), the court sustained a motion to strike all references to intentional and willful actions from a medical malpractice claim.
Similarly, the court will not allow addition of a new theory of recovery at an unreasonably late stage in the litigation. To avoid adverse consequences, a late amendment to the Bill of Particulars should only be allowed if accompanied by an affidavit offering a reasonable excuse for the delay in the amendment.
Physical Exam
It is possible to ask why a doctor who doesn't know you or your medical history and isn't familiar with the details of your incident, would be asked to conduct a medical exam. This type of exam is required by Washington law, could be beneficial to your case.
IMEs are usually conducted by doctors employed by the insurance company of the defendant. Their goal is to offer a different perspective on your injuries. Although they are sometimes called "independent," these physicians - just like the insurance companies - have their own agenda and financial stake in cutting down on the amount of compensation that could be awarded to an injured victim.
Your Orange County personal injury attorney will ensure that you are aware of what to expect from an IME and will give an IME 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 in a fair manner by ensuring that the doctors ' questions aren't divergent from the ones in your medical records. You should not downplay or exaggerate the severity of your injuries to the doctors. They are trained to spot fraudulent behavior, and can use this information at trial.