What is a Personal Injury Lawsuit?

You could be entitled to compensation if have suffered injuries due to the actions or inactions of a third party. Contact a seasoned personal injury attorney injury lawyer to learn more about your rights.

A personal injury lawsuit is a civil litigation where the plaintiff seeks compensation for their losses. This can include medical bills, lost wages and property damage. The process can take several months to several years.

Damages

A personal best injury lawyer near me lawsuit is a legal proceeding to compel another person or entity to pay you compensation for the damages resulting from an accident. The plaintiff is the one who was injured and the defendants are the ones responsible. Personal injury cases can also include the wrongful death of a person who dies due to the inattention or negligence of others.

Damages are usually classified into two categories: compensatory and punitive. Compensation damages are based on medical bills as well as pain and suffering compensation, and other out-of-pocket expenses. Punitive damages are not common and are designed to punish the wrongdoer for extreme conduct.

The first category of damages is usually called "economic damages." This includes the cost of out-of-pocket expenses incurred due to the accident and injuries. 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 the need to modify your home to accommodate a disability that is permanent.

Non-economic damages can also be called "pain and suffer" damages. These are more difficult to quantify and involve the mental and emotional stress, anxiety and suffering that an accident can cause. Depending on the severity of your injuries, your lawyer will help you determine the value of the damages. This could be based on your capacity to enjoy activities you used to do or your loss of consortium 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 an action before a specific date or else the claim will be dismissed. This is done to prevent evidence from being forgotten or lost and to stop people from dragging incident-related litigation out for an indefinite period.

The exact duration of time differs from state to state, but personal injury claims typically have a two- to four-year limitation. However there are exceptions that could extend the amount of time that a victim must make a claim, and they should seek legal advice for assistance in to determine whether or not their case falls within one of these exceptions.

One of the most important aspects of the statute of limitations is that it applies only to the filing of an action in court. Many cases of injury are resolved through the insurance claim process and do not require formal lawsuit filing. It is essential to allow yourself sufficient time to bring a lawsuit in the event that insurance negotiations don't go as planned, or if a problem occurs that is not resolved by insurance.

Certain circumstances can stop the clock on the statute of limitations however these cases are very rare and have to be analyzed on a case-by-case basis. For instance, the statute of limitations might not start running until the victim discovers or reasonably should have discovered that their injuries were caused by a negligent actions. In certain states, like New York, the statute of limitations differs for claims against municipalities.

Complaint

A personal injury lawsuit is brought by a victim against the person who caused the injury lawyer. It asserts that the defendant violated their duty of care and that this breach resulted in loss and harm to the plaintiff. The defendant is then held responsible for these damages.

The complaint is the primary document that is filed in a personal injury lawsuit. It contains detailed allegations regarding the incident that caused your injuries and the damages you are seeking. The complaint also contains an "prayer of relief" which outlines what you want the court to do. The complaint must be served on the defendant, along with a summons that is a notice that they are being sued.

The defendant must respond to the complaint within a set of deadlines and either admit or deny all the allegations contained in the complaint. The defendant may also make a counterclaim against the plaintiff or introduce another defendant as third-party defendant.

A successful personal injury lawsuit depends on solid evidence including medical documents and testimony from witnesses. We work closely with our clients to ensure that all relevant information is gathered and included in the case. The evidence can 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 lawsuit, your lawyer must prove that negligence on the part of the defendant caused your accident. You must also prove that you suffered injuries as a result of your accident, and that the injuries you sustained are worthy of financial compensation.

It can be a lengthy process however, the trial is where you will be able to determine if you'll be awarded the damages you're entitled to. In the trial before jurors, your lawyer will argue the defendant's liability and that they must be held accountable for your losses. The defendant will present evidence that their actions are unrelated to the accident, which prevents them from having to reimburse you for your losses.

You must attend a pre-trial meeting before you can proceed with the trial. This is the first time your case is subject to deadlines set by a court. This is also the time when your lawyer will discuss the case with the defense.

Preliminary conferences are usually conducted by a judicial registrar or an individual from the court's staff. All parties must attend the preliminary conference in person unless the case has been handled by New York's Differentiated Case Management Rule or the Rules are otherwise exempted. If, however, a person cannot attend in person, they may take part via phone or online with the approval of the convenor. If your case is part of the Differentiated Case Management Program, an initial meeting also provides an opportunity to determine whether your case falls within one of three categories namely expedited standard or complex.

Bill of Particulars

After the summons and complaint are filed, the defendants named in the lawsuit will be given twenty to thirty days (although this deadline can be extended by the court). After the Answer has been filed, the case moves into the discovery phase. In this phase both parties exchange information through written demands for discovery and depositions.

After the discovery process is concluded the Attorney Injury Lawyer representing the plaintiff drafts what is called a Bill of Particulars. The document is a legal declaration of claims and the relief sought - typically an award of money damages. The Bill of Particulars is intended to put the defendant on notice of the specific legal claims being filed so that he or she can effectively prepare for trial.

The court must examine the Bill of Particulars before it is allowed to be enforced. In general, the 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 neglect that are being alleged and must not include 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 intentional and willful actions from a medical malpractice claim.

In the same way, the court will not allow introduction of a new theory of recovery at an unreasonable late stage in the litigation. To avoid adverse consequences, a late amendment to a Bill of Particulars should only be allowed when supported by an affidavit offering a reasonable excuse for the delay in the amendment.

Physical Exam

It is possible to ask why a doctor who isn't familiar with you or your medical history and isn't familiar with the specifics of your incident, would be asked to conduct a medical examination. However, this type of exam is actually an obligation under Washington law and can be helpful to your case.

Typically, IMEs are conducted by doctors medical who are hired by the insurance company of the defendant and their goal is to provide a different perspective on your injuries. These doctors, who are sometimes referred to as "independent" and have their own agendas and financial interests in reducing the amount of compensation that can be given to victims of injuries.

Your Orange County personal injury attorney will ensure that you are aware of what you can expect from an IME and will provide a copy to the doctor of the relevant medical records. Your lawyer will be present during the IME to ensure that the questions posed by the doctor are consistent with your medical records. It is important to not play with the extent of your injuries with the doctors, since they are trained to spot fraud and could make use of this information against you in trial.