What is a Personal Injury Lawsuit?
If you've been injured through the actions or inactions, you may be able to recover compensation. To learn more about your legal rights get in touch with a seasoned personal injury lawyer.
A personal injury lawsuit is a civil litigant in which the plaintiff seeks compensation for their losses. This includes medical expenses or lost wages, as well as property damage. The process can take anywhere from several months to a few years.
Damages
A personal injury lawsuit is an action to compel another person or entity to pay compensation for the damage caused by an accident. The plaintiff is the one who was injured and the defendants are the ones accountable. Personal injury cases may include wrongful death claims when someone dies due to the negligence or wrongful actions of others.
Damages are usually divided into two categories: punitive and compensatory. Compensation damages are designed to help the victim get back on track for good, including out-of-pocket costs such as medical bills as well as compensation for suffering and pain. Punitive damages are uncommon and are intended to penalize the perpetrator for their extreme behavior.
The first type of damages is typically known as "economic damages." This covers all out-of-pocket expenses associated with the accident or injury. This could include hospital bills 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 to your home to accommodate permanent disabilities can also be included in a claim.
Non-economic damage can also be called "pain and suffer" damages. These are more difficult to quantify and are a result of the mental and emotional stress, anxiety and suffering caused by accidents. Based on the severity of your injuries, your lawyer will help you determine the value of the damages. This may be based on your ability to carry out the activities you used to or your loss in consortium with family.
Statute of Limitations
In a legal rule known as the statute of limitations, any person who is injured in an accident must file a lawsuit within a specified time or their claim will be rejected by the courts. This is to safeguard evidence from being lost or forgotten, and to prevent people from dragging out litigation relating to incidents for an indefinite period.
The time frame for filing a claim is different from one state to another, but most personal injury lawsuits have a time frame of two to four years. There are some exceptions to the time limit for filing claims. If you need help to determine if your claim falls within one of these exceptions, then it is recommended to seek legal advice.
A key aspect of the statute of limitations is that it applies only to the filing of a lawsuit in court. Insurance claims are often used to settle injury cases and do not require formal lawsuits. It is nevertheless essential to allow yourself sufficient time to start a lawsuit in the event that insurance negotiations do not go as planned or if a problem arises that is not resolved by insurance.
Some circumstances can pause the clock on the statute of limitations, but they are extremely rare and have to be assessed 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 injury was 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 the victim against the person who caused the injury. The plaintiff claims that the defendant breached their duty of care and that the breach caused harm and losses for the plaintiff. The defendant is held responsible for these damages.
The first document filed with a personal injury lawsuit is referred to as the complaint. It includes specific allegations regarding the incident that led to your injuries. Lee's Summit injury lawyer lists the damages you seek. It also includes a "prayer for relief" which outlines 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 certain time frames and either accept or deny the allegations made in the complaint. The defendant may also file a counterclaim, or add another defendant to the case as a third party defendant.
A successful personal injury lawsuit is built on solid evidence, such as medical documents and witness testimony. We collaborate closely with our clients to ensure that all relevant information is collected and included in the case. The evidence we gather will also assist us in negotiate with defendants' attorneys or insurance companies to negotiate the most favorable settlement offer.
Preliminary Conference
In a personal injury case, your lawyer must prove that negligence on the part of the defendant led to your accident. You must also prove that you were injured in your accident and that your injuries are worth financial compensation.
It's a long process, but it is at the trial that you will be able to determine if you be awarded the compensation you deserve. In a trial before a jury, your lawyer will argue that the defendant is liable and is required to compensate you for the losses you suffered. The defendant will provide evidence to prove that their actions were unrelated to the accident. This will prevent the defendant from paying for your losses.
Before proceeding to trial you must attend a preliminary conference. This is typically the first time your case will have deadlines that are set by the Court itself. This is also when your attorney will discuss the matter with the defense.
Preliminary meetings are usually held by a judicial registrar, or an individual from the court's staff. All participants must attend the preliminary conference in person unless the case is handled by the New York's Differentiated Case Management Rule or the Rules are exempted in other ways. If a party is unable to attend in person, the convenor may permit them to participate via telephone or online. If your case is scheduled to be a part of the Differentiated Case Management program, an initial conference can be an opportunity to identify whether your case falls into one of the three classifications which are expedited, standard or complex.
Bill of Particulars
After the summons and complaint have been filed, the defendants named in the lawsuit will be given twenty to thirty days (although this time frame may be extended by the court). After the Answer is filed, the case is moved to what is called the discovery phase. In this period, both sides exchange information in the form of written demands for discovery and depositions.
Following the conclusion of discovery The attorney for the plaintiff prepares what is called a Bill of Particulars. This document outlines the legal claims being made 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 they is able to effectively prepare for trial.
The court must look over a Bill of Particulars before it is allowed to be enforced. In general, a court will only abide by the Bill of Particulars if it is not vague or overbroad. A Bill of Particulars should be limited to the specific acts of negligence being claimed and should not add new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ) for instance was a case where the court ruled that the plaintiff was not negligent. In 1994, the court affirmed a motion to strike any references to willful or intentional actions in a medical malpractice case.
The court will also not allow a new theory to be introduced at a stage in the litigation that is unreasonablely late. In order to avoid resultant prejudice, a belated amendment to a Bill of Particulars should only be allowed if accompanied by an affidavit that provides a reasonable excuse for the delay in the amendment.
Physical Examination
When a defense attorney or insurance company requests that you take part in an Independent Medical Examination (IME), your natural first instinct may be to question the reason why a doctor who does not know you or your medical history and the particulars of your injury is required to conduct an examination. However, this kind of examination is actually required under Washington law and could be beneficial to your case.
Typically, IMEs are conducted by medical doctors who are employed by the insurance company representing the defendant and aim to provide a different view of your injuries. Although they are often called "independent," these physicians as well as insurance companies have their own agendas and financial stake in cutting down on the amount of compensation that can be given to a victim of injury.
Your Orange County personal injury attorney will ensure that you understand what you can expect from an IME and will provide an IME doctor with a copy of all relevant medical records. Your lawyer will be present during the IME to ensure that the questions asked by the doctor are in accordance with your medical records. Do not underplay or exaggerate the severity of your injuries to these doctors. They are trained to spot fraudulent behavior, and can make use of this information in a trial.