What is a Personal Injury Lawsuit?
If you have been injured through the actions or inactions, you could be entitled to compensation. Contact an experienced personal injury attorney to learn more about your rights.
A personal injury lawsuit is a civil action in which the plaintiff seeks money to cover their losses, including medical expenses, lost wages, property damage, and other costs. 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 compensation for the damages resulting from an accident. The person who is injured is referred to as the plaintiff while the parties accountable are known as defendants. 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: punitive and compensatory. Compensation damages can include medical bills as well as pain and loss compensation, and other out of pocket expenses. Punitive damages, which are rare, are meant to punish the wrongdoer when they have committed a number of extreme actions.
The first category of damages is typically referred to as "economic damages." This covers any out-of-pocket costs resulting from the accident or injury. These might include doctor's bills or hospital costs, as well as physical therapy expenses. Some claims could also cover additional costs, like the cost of travel 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 damages are harder to quantify, and comprise the emotional distress and mental anguish caused by accidents. Based on the extent of your injuries, your lawyer can help you place a value on the damages. This could be based on the ability to participate in activities that you used to do or the loss of your relationship with family members.
Statute of Limitations
A legal principle known as the statute of limitations requires that anyone who is injured in an accident must file a lawsuit before a certain date or the claim will be dismissed. This is to protect evidence from being lost or lost in the shuffle and to stop people from drag out incident-related litigation indefinitely.
The exact duration of the time limit varies from one state to another, but the majority of personal injury claims have a limit of between two and four years. However, there are exceptions that can prolong the time required for a victim to file their claim and they should seek legal advice for assistance in determining whether or not your case falls under one of these exceptions.
The statute of limitations applies only to lawsuits that are filed in the court. Many injury cases are resolved through the insurance claim process and do not require a formal lawsuit filing. It is nevertheless essential to allow yourself sufficient time to start a lawsuit in the event that negotiations with insurance do not go as planned or if a problem arises that cannot be resolved with insurance.
Certain circumstances may stop the statute of limitations clock, but these instances are rare and generally need to be evaluated on a case-by-case basis. The statute of limitations might not start until the person discovers or should have known that the injury resulted from someone else's negligence. In certain states, like New York, it is different for claims against municipalities.
Complaint
A personal injury lawsuit is brought by the victim against the person who caused the injury. It asserts that the defendant breached their duty of care and the breach caused loss and harm to the plaintiff. Augusta injury lawsuit is then held responsible for these damages.
The first document filed with a personal injury lawsuit is referred to as the complaint, and it contains specific details about the incident that led to your injuries and outlines the damages you are seeking. It also includes a "prayer for relief" that 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 must respond to the complaint within a certain timeframe, and must either accept or deny the allegations in the complaint. The defendant may 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, including medical records and witness testimony. We work closely with our clients to collect the relevant information and incorporate it in the case. The evidence will also help us negotiate with the attorney for the defendant or insurance companies to negotiate the most favorable settlement offer.
Preliminary Conference
In a personal-injury case your lawyer must show that negligence on the part of the defendant led to 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 it's at the trial that you will find out if you get the compensation you are entitled to. In the case of a trial before a jury your lawyer will argue for the defendant's responsibility and the need to be held accountable for your losses. The defendant will provide evidence to prove that their actions were not related to the accident. This will stop them from settling your losses.
You must attend a pre-trial conference prior to proceeding with the trial. This is usually the first time your case will have deadlines that are set by the Court itself. This is also the time when your lawyer will discuss the matter with the defense.
Preliminary meetings are usually held by a judicial registrar, or an individual from the court's staff. Unless the case is being handled under the New York's Differentiated Case Management Rule, or if it is exempted from the Rules the participants are required to attend in person. If, however, a person 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 going to be part of the Differentiated Case Management program, the preliminary conference will be a chance to determine whether your case falls into one of the three classifications that are expedited, standard, or complex.
Bill of Particulars
After the complaint and summons have been filed, the defendants named in the lawsuit will have twenty to thirty days (although this deadline can be extended by the court). After the Answer is filed, the case is moved into the discovery phase. In this period the parties exchange information in the form of written discovery demands and depositions.
The lawyer for the plaintiff prepares the Bill of Particulars at the end of the discovery. The document is a legal declaration of claims and the relief sought, usually the award of damages in cash. 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.
The court must examine a Bill of Particulars before it is able to be followed. In general, a 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 negligence that are being asserted and not include any new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ), for example was a case where the court ruled that the plaintiff was not negligent. In 1994, the court upheld the motion to strike all references to intentional or willful acts in a medical malpractice case.
The court will not allow a new theory to be added at a point in the action that is unreasonablely late. To avoid prejudice, a belated amendment 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
You might be wondering why a doctor, who isn't familiar with you or your medical history and is unfamiliar with the details of your accident, should be required to conduct a medical examination. This type of examination is required by Washington law, can 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 on your injuries. Although they are often called "independent," these physicians - just like the insurance companies - have their own agenda and financial interest in cutting down on the amount of compensation that could be awarded to an injured victim.
Your Orange County personal injury attorney will make sure you know what to expect from an IME and will give a copy to the doctor of the relevant medical records. Your lawyer will be present during the IME to ensure that the questions asked 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 dishonesty, and could use this information at trial.