9 Things Your Parents Taught You About Injury Lawsuit
What is a Personal Injury Lawsuit?
If you've been hurt through the actions or inactions, you could be eligible for compensation. 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, which include medical bills, lost wages property damage and other expenses. The process can run between a few months and several years.
Damages
A personal injury lawsuit is a legal action which is filed to force another individual or entity, to pay you for damages resulting from an accident. The plaintiff is the one who was injured, and the defendants are the ones responsible. When someone dies as a result of the inattention or negligence of others the wrongful death case may be part of personal injury claims.
A victim's damages are typically broken down into two groups: compensatory and punitive. Compensatory damages are meant to ensure that the victim is completely again, including out-of-pocket expenses such as medical expenses as well as compensation for suffering and pain. Punitive damages, which are very rare and are designed to punish the perpetrator when they have committed a number of extreme acts.
This category covers all expenses caused by the accident or injury. These may include hospital expenses as well as doctor's fees and therapy costs. In some cases, additional expenses like the cost of traveling to and from appointments, or modifications made to your home to accommodate permanent disabilities may also be included in the claim.
Non-economic damages are commonly called "pain and suffering" damages. These damages are harder to quantify and include the emotional distress and mental stress caused by accidents. Your lawyer will assist you to value these damages based on the extent of your injury. This may be based on your ability to do activities you used to or your loss of consortium with family.
Statute of Limitations
A legal principle known as the statute of limitations obliges anyone injured in an accident must file a lawsuit before a certain date or the claim will be dismissed. This is to stop evidence from being lost or lost and to stop those who delay bringing litigation related to an incident out indefinitely.
The exact duration of time is different between states, however, personal injury claims typically have a two-to four-year limit. There are some exceptions to the time to file claims. If you need help determining if your case is one of these exceptions, then it is best to seek legal advice.
One of the most important aspects of the statute of limitations is that it applies only to the filing of a lawsuit in a court. A majority of injuries cases are resolved through the process of filing an insurance claim and do not require a formal lawsuit filing. It is essential to allow yourself sufficient time to file a lawsuit in the event that negotiations with insurance do not go as planned or if a problem occurs that cannot be resolved with insurance.
Certain circumstances can stop the clock on the statute of limitations, however they are not common and have to be assessed on a case by case basis. The statute of limitations might not start until the person discovers or should have known that the injury was caused by another's negligence. In some states, such as New York, it is different for claims against municipalities.
Complaint
A personal injury lawsuit is a civil case filed by an injured party against the person or entity who caused the injury. It alleges that the defendant violated the duty of care, that the breach caused harm and loss to the plaintiff and that the defendant should be held liable for those damages.
The first document filed with a personal injury lawsuit is called the complaint. It contains specific details about the incident that caused your injuries and outlines the damages you're seeking. The complaint also includes an "prayer of relief" that outlines what you would like the court to do. The complaint must be served on the defendant, along with a summons, which is a notice that they are being sued.
The defendant must respond to the complaint within certain deadlines and either admit or deny all allegations contained in the complaint. The defendant may also file a counterclaim against the plaintiff or introduce another defendant as third-party defendant.
A successful personal injury lawsuit is based on solid evidence, including medical records and witness testimony. We work closely together with our clients to collect all relevant information and include it in the case. The evidence we have will also help us to negotiate with defendants' lawyers or insurance agents to obtain the best settlement offer.
Preliminary Conference
In a personal injury lawsuit your lawyer must demonstrate that the defendant's negligence caused your accident. You must also prove that you suffered injuries from your accident, and that those injuries warrant financial compensation.
It can be a lengthy process, but it is at the trial that you'll find out if you get the compensation you deserve. In a jury trial, your lawyer will argue that the defendant is liable and must pay you for your losses. The defendant will present evidence to show that their actions were unrelated to the accident. This will stop them from paying you for your losses.
Before you can proceed to trial, you must attend a preliminaries conference. This is typically the first time your case will have deadlines set by the Court itself. It is also the time where your attorney will discuss the case with the defense.
A judicial registrar, also known as an individual of the court's staff, typically conducts preliminary conferences. If the case is 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 Ann Arbor injury lawyers You Tube is unable to attend in person, the convenor may allow them to participate by telephone or online. If your case will be 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 advanced standard or complex.
Bill of Particulars
After the complaint and summons have been filed, defendants named in the lawsuit will be given between twenty and thirty days (although this timeframe may be extended by the court). When the Answer is filed, the case moves into what is called the discovery phase. During this phase both parties exchange information via written discovery demands and depositions.
The lawyer for the plaintiff prepares the Bill of Particulars at the end of discovery. This document outlines legal claims and the relief sought, usually an award of money damages. The Bill of Particulars is intended to put the defendant on notice of the specific legal claims being made, so that he or she can effectively prepare for trial.
Before a Bill of Particulars can be followed, it must be examined by the court. In general, courts will only accept a Bill of Particulars that is not vague or broad. A Bill of Particulars should be limited to the specific acts of negligence claimed and should not contain new claims. For example in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. 1994) the court granted the motion to strike all references to intentional and willful actions from a medical malpractice claim.
In the same way, the court will not permit the introduction of a new doctrine of recovery at a disproportionately late stage in the litigation. To avoid negative consequences, an amendment made late to a Bill of Particulars should only be permitted if supported by an affidavit that provides a reasonable excuse for the delay in the amendment.
Physical Exam
If a defense attorney or insurance company asks you to attend an Independent Medical Examination (IME) Your first reaction may be to question the reason why a doctor who does not know you, your medical history, and the details of your accident is being asked to conduct an exam. But, this type of exam is actually an obligation under Washington law and could be beneficial to your case.
Typically, IMEs are conducted by medical doctors who are employed by the insurance company of the defendant and their aim is to offer a different view of your injuries. While they are sometimes referred to as "independent," these physicians as well as insurance companies have their own agendas and financial stake in cutting down on the amount of compensation that may be given to a victim of injury.
Your Orange County personal injury attorney will ensure that you are aware of 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 make sure 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 fraudulent behavior, and can make use of this information in a trial.