What is a Personal Injury Lawsuit?
If you've been hurt due to another's actions or inactions, you could be entitled to compensation. Contact an experienced personal injury lawyer to learn more about your rights.
A personal injury lawsuit is a civil action where the plaintiff is seeking compensation for their losses, including medical bills, lost wages, property damage and other expenses. The process can last from several months to several years.
Damages
A personal injury lawsuit is a legal action that is taken to force another person or entity to pay you for damages resulting from an accident. The plaintiff is the one who was injured and the defendants are the parties accountable. When someone dies as a result of carelessness or infractions committed by others In wrongful deaths, the case may be part of personal injury lawsuits.
The damages a victim suffers are usually divided into two categories: compensatory and punitive. Compensatory damages are meant to ensure that the victim is completely again, including out-of-pocket expenses such as medical bills and compensation for suffering and pain. Punitive damages are not common and designed to punish the perpetrator for their extreme behavior.
The first type of damages is often referred to as "economic damages." This covers all out-of-pocket expenses associated with the accident and injuries. These could include hospital bills medical expenses, doctor's charges 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 damages are also referred to by the term "pain and suffer" damages. They are more difficult to quantify and involve the mental and emotional stress, suffering and anguish that an accident can cause. Depending on the severity of your injuries your lawyer can help you determine the value of the damages. This could be based on your capacity to participate in activities that you previously enjoyed or your loss of connection with family members.
Statute of limitations
A legal rule known as the statute of limitations stipulates that anyone injured in an accident should file an action within a specified date or else their claim will be dismissed. This is to prevent evidence from being lost or forgotten and to stop people from carrying out litigation related to an incident for a long time.
The exact time frame varies from state to state however personal injury claims generally have a two- to four-year limitation. However, there are exceptions that could prolong the time that a victim must file their claim and they should seek legal advice for help determining whether or not their case falls into one of the exceptions.
The statute of limitations is only applicable to lawsuits filed in the court. Many cases of injury are resolved through the insurance claim process and do not require formal lawsuit filing. But, it's important to leave yourself enough time to pursue legal action just in case insurance negotiations don't go as planned or there is a problem that cannot be easily addressed through the insurance system.
Certain circumstances may stop the statute of limitations clock however these cases are very rare and have to be evaluated on an individual case-by-case basis. The statute of limitation may not be established until the victim discovers or should have known that the injury was caused by someone else's negligence. In certain states, like New York, it is different for claims made against municipalities.
Complaint
A personal injury lawsuit is a civil suit initiated by a victim against the person or entity who caused the injury. It claims that the defendant violated their duty of care and the breach caused loss and harm to the plaintiff. The defendant is held accountable for the losses.
The complaint is the first document filed in a personal injury case. It contains detailed allegations about the incident that caused your injuries, and the damages you are seeking. It also includes a "prayer for relief" that describes what you would like the court to do. The summons and complaint must be delivered to the defendant.
The defendant must respond to the complaint within a set of time limits and either admit or deny all allegations in the complaint. The defendant may also file a counterclaim or add another defendant to the case by naming a third party defendant.
Hawthorne injury attorney is based on solid evidence, including medical documents and testimony from witnesses. We work closely together with our clients to collect the relevant information and incorporate it in the case. The evidence will also assist us negotiate with the defendant's attorneys or insurance representatives to get the most favorable settlement offer.
Preliminary Conference
In a personal injury case the attorney for you must prove that the negligence of the defendant caused your accident. You must also prove you suffered injuries in your accident and that your injuries are worth an amount of money.
It's not an easy process, but it is at the trial that you'll be able to determine if you be awarded the compensation you deserve. In a jury trial your lawyer will argue that the defendant is liable and is required to compensate you for the losses you suffered. The defendant will argue that their actions do not contribute to the accident, which will prevent them from having to compensate you for your losses.
Before proceeding to trial you must attend a preliminary conference. This is the first time that your case will be subject to deadlines imposed by a judge. This is also the time that your attorney will discuss the case with the defense.
Preliminary conferences are typically conducted by a judicial registrar or someone on the court's staff. All participants must attend the preliminary conference in person, unless the case is handled under the New York's Differentiated Case Management Rule or the Rules are otherwise exempted. If, however, a person is unable to attend in person they can participate via telephone or on the internet, with the consent of the convenor. If your case is going to be a part of the Differentiated Case Management program, the preliminary conference will be an opportunity to identify whether your case falls under one of the three categories which are expedited, standard or complex.
Bill of Particulars
After a summons or complaint are filed, the defendant parties who are named in the lawsuit have either twenty or thirty days in which to respond (although this deadline may be extended with the court's approval). Once the Answer has been filed, the case is moved into the discovery phase. In this phase both parties exchange information via written demands for discovery and depositions.
The plaintiff's lawyer prepares the Bill of Particulars at the end of discovery. This document provides the legal claims being made and 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 to help them prepare for trial.
Before a Bill of Particulars can be followed, it must be scrutinized by the court. Generally, the court will only accept a Bill of Particulars that is not vague or broad. A Bill of Particulars must only include the specific acts of negligence that are being alleged, and not add any new claims. For example, in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. 1994), the court sustained the motion to strike all references to willful and intentional acts from a medical malpractice claim.
The court will not allow a new doctrine to be added at a point in the case that is unreasonable late. To avoid causing prejudice a late amendment to the Bill of Particulars must be supported by an affidavit that provides a reasonable explanation for the delay of this amendment.
Physical Examination
You might be wondering the reason 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 examination. However, this kind of exam is actually a requirement under Washington law, and could be beneficial to your case.
Typically, IMEs are conducted by doctors medical who are hired by the insurance company of the defendant and their aim is to offer an alternative perspective on your injuries. These doctors, often referred to as "independent" are able to have their own agendas and financial stakes in reducing the compensation that is awarded to injured victims.
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 all pertinent medical records. Your lawyer will also be present at the IME and will 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. It is not advisable to downplay or exaggerate the severity of your injury to these doctors. They are trained to detect fraudulent behavior, and can use this information at trial.