What is a Personal Injury Lawsuit?
You could be entitled to compensation if you were injured as a result of the actions or inactions of a third party. Contact an experienced personal injury lawyer to find out more about your rights.
A personal injury lawsuit is a civil action in which the plaintiff seeks money to cover their losses, which include medical bills, lost wages damages to property and other expenses. The process can take several months to several years.
Damages
A personal injury lawsuit is a legal action which is filed to compel another person, or entity to compensate you for the damages that result from an accident. The plaintiff is the victim and the defendants are the ones accountable. Personal injury cases can also include wrongful death claims when someone dies due to negligence or wrongful actions of others.
Damages are usually divided into two categories: compensatory and punitive. Compensatory damages are meant to ensure that the victim is completely for good, including out-of-pocket costs such as medical bills and compensation for pain and suffering. Punitive damages are rare and designed to punish the perpetrator for their extreme behavior.
This category covers all costs incurred as a result of the accident or injury. This could include hospital bills medical expenses, doctor's charges and physical therapy costs. In some cases, additional expenses like the cost of traveling to and from appointments, or modifications to your home for permanent disabilities may also be included in the claim.
Non-economic damages are often described as "pain and suffering" damages. They are more difficult to quantify and involve the mental and emotional stress, anguish and suffering that accidents can cause. Depending on the severity of your injuries, your lawyer will help you estimate the value of these damages. This may be based on your ability to do things you did before or your loss in consortium with family.
Statute of limitations
A legal principle known as the statute of limitation requires that anyone who is injured in an accident file a lawsuit before a certain date or else their claim will be dismissed. This is to safeguard evidence from being lost or forgotten, and to stop people from drag out incident-related litigation indefinitely.
The exact time frame differs from state to state, however, personal injury claims typically have a two-to four-year limit. However, there are exceptions that could prolong the time a victim has to submit their claim. They should seek legal advice for help determining whether or not their case falls within one of the exceptions.
The statute of limitations only applies to lawsuits that are filed in the court. Insurance claims are usually used to resolve injuries and do not require formal lawsuits. It is nevertheless important to give yourself enough time to start a lawsuit in the event that insurance negotiations don't go as planned, or if there is a problem that is not resolved by insurance.
A few circumstances can pause the clock on the statute of limitations however these cases are very rare and have to be analyzed on an individual case-by-case basis. The statute of limitations might not begin until the victim is aware 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 filed by the victim against the party who caused the injury. The plaintiff claims that the defendant violated their duty of care and that this breach resulted in harm and losses for the plaintiff. The defendant is held responsible for these damages.
The complaint is the primary document filed in a personal injury case. It provides detailed details concerning the incident that caused your injuries, as well as the damages you seek. The complaint also includes an "prayer of relief" which describes what you want the court to do. The complaint must be served to the defendant with a summons, which is a notice that they are being sued.
After the complaint is filed, the defendant has to submit an answer to the complaint within a certain time frame, and will either admit or deny the allegations in the complaint. The defendant can also make a counterclaim against the plaintiff or introduce another defendant as third-party defendant.
A successful personal injury lawsuit relies on solid evidence including medical documents and testimony from witnesses. We work closely together with our clients to gather all relevant information and include it in the case. The evidence we gather will also help us to negotiate with defense lawyers or insurance agents to get the best possible 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 in your accident and that your injuries are worth financial compensation.
It's a long process, but it's at the trial that you will finally know if you will get the compensation you are entitled to. In the trial before the jury the lawyer will argue for the defendant's liability and that they must be held accountable for your losses. The defendant will provide evidence to prove that their actions are not connected to the accident. This will prevent them from settling your losses.
Before proceeding to Nampa injury lawyer must attend a preliminary conference. This is the first time that your case has deadlines set by a judge. This is also the time when your attorney will discuss the case with the defense.
Preliminary meetings are usually held by a judicial registrar or someone on the court's staff. All parties must attend the initial conference in person, unless the case is handled under New York's Differentiated Case Management Rule or the Rules are otherwise exempted. If a person is unable to attend in person, the convenor can permit them to attend via phone or online. If your case is going to be a 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 categories which are expedited, standard or complex.
Bill of Particulars
When a summons and complaint are filed, the defendants who are named in the lawsuit have twenty or thirty days to submit an Answer (although this time frame can be extended if the court gives approval). After the Answer is filed, the case moves into what is called the discovery phase. During this time, both sides exchange information in the form of written discovery demands and depositions.
Following the conclusion of discovery, the plaintiff's attorney prepares what is called a Bill of Particulars. This document provides the legal claims being made and the relief requested - typically the award of damages in cash. The Bill of Particulars is intended to put the defendant on notice of the specific legal claims being filed so that they can effectively prepare for trial.
Before a Bill of Particulars can be followed, it must be scrutinized by the court. In general, the court will only abide by a Bill of Particulars if it is not vague or broad. A Bill of Particulars should be limited to the specific negligence that is being claimed and should not contain new claims. For instance in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. In 1994, the court affirmed a motion to strike any references to willful or intentional actions in a medical malpractice case.
The court will not allow a new theory to be added at a point in the action that is unreasonably late. In order to avoid resultant negative consequences, an amendment made late to a Bill of Particulars should only be permitted if supported by an affidavit offering a reasonable excuse for the delay in the amendment.
Physical Exam
You may question why a doctor who doesn't know you, or your medical history and is unfamiliar with the specifics of your accident, would be asked to conduct a medical examination. But, this type of exam is actually required under Washington law and could be beneficial in your case.
IMEs are usually performed by doctors who are employed by the insurance company of the defendant. Their aim is to offer a different perspective on your injuries. Although they are often described as "independent," these physicians - just like the 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.
If you choose to undergo an IME, your Orange County personal injury lawyer will ensure that you are aware of what to expect. They will provide the complete set of medical records to the doctor to look over. Your lawyer will also be present at the IME and will make sure that you are being examined fairly by ensuring that the doctors ' questions aren't divergent from those in your medical records. Do not underplay 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.