Don't Believe These "Trends" Concerning Injury Lawsuit
What is a Personal Injury Lawsuit?
You could be entitled to compensation if have been injured due to the actions or inactions of someone else. To find out more about your legal rights get in touch with a seasoned personal injury lawyer.
A personal injury lawsuit is a civil dispute in which the plaintiff seeks compensation for their loss. This includes medical bills, lost wages and property damage. The process can last from a few months to several years.
Damages
A personal injury lawsuit is a legal proceeding to compel another person or entity to pay money for damages related to an accident. The plaintiff is the victim, and the defendants are the ones responsible. If someone dies as the result of the carelessness or infractions committed by others the wrongful death case can be included in personal injury lawsuits.
Damages are usually classified into two categories: punitive and compensatory. Compensation damages are designed to ensure that the victim is completely and regain their financial security, which includes out-of-pocket expenses such as medical expenses and compensation for suffering and pain. Punitive damages are rare and are intended to penalize the wrongdoer for extreme conduct.
The first category of damages is typically referred to as "economic damages." This includes any out-of-pocket costs resulting from the accident and injuries. These could include hospital bills medical expenses, doctor's charges and physical therapy costs. In certain cases additional expenses, such as the cost of travel to and from appointments or modifications to your home due to permanent disabilities could be included in a claim.
Non-economic losses are often described as "pain and suffering" damages. These damages are more difficult to quantify, and they include the emotional stress and mental anguish caused by accidents. Based on the extent of your injuries, your lawyer will help you place a value on these damages. This could be based on the capacity to perform the things you were previously able to do or your loss in consortium with family.
Statute of limitations
A legal rule known as the statute of limitations requires that anyone who is injured in an accident should file an action within a specified date or else their claim will be dismissed. This is to protect evidence from being lost or lost in the shuffle and to stop people from carrying out litigation relating to incidents for an indefinite period.
auto accident injury differs from one state another, but most personal injury claims have a time frame of two to four years. However, there are exceptions that may extend the amount of time required for a victim to file their claim and they should seek legal advice for help to determine whether or not their case falls into one of the exceptions.
The statute of limitations is only applicable to lawsuits that are filed in court. Insurance claims are typically used to resolve injury cases and do not require formal lawsuits. But, it's important to leave yourself enough time to file a lawsuit in the event that negotiations don't take place as planned or if there is a problem that cannot be resolved through the insurance system.
Certain circumstances can stop the clock on the statute of limitations, but they are rare and need to be assessed on a case-by-case basis. The statute of limitations may not start until the person discovers or should have known that the injury was caused by another's negligence. In some states, like New York, it is different for claims made against municipalities.
Complaint
A personal injury lawsuit is a civil suit brought by an injured person against the person or entity who caused the injury. It claims that the defendant violated their duty of care, and that this breach caused damage and losses for the plaintiff. The defendant is held responsible for these damages.
The complaint is the first document that is filed in a personal injury case. It provides detailed details about the incident that led to your injuries and the damages you seek. The complaint also includes the "prayer of relief" which describes what you would like 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.
After the complaint is filed, the defendant has to respond to the complaint within a specific timeframe, and must 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 third party defendant.
A successful personal injury lawsuit depends on solid evidence such as medical documents and testimony from witnesses. We collaborate closely with our clients to ensure that all relevant information is collected and included in the case. The evidence we collect will also assist us in negotiate with the defendants' lawyers or insurance agents to get the best possible 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 be able to prove that you sustained injuries from your accident, and that the injuries you sustained are worthy of financial compensation.
It can be a lengthy procedure, but it's at the trial that you'll find out if you receive the damages you are entitled to. In a jury trial your lawyer will argue that the defendant is responsible and is required to compensate you for your losses. The defendant will present evidence to prove that their actions were not related to the accident. This will stop them from settling your losses.
Before you can proceed to trial, you must attend a preliminary conference. This is the first time that your case is subject to deadlines set by a judge. This is also when your attorney will be discussing the issue with the defense.
A judicial registrar, or a member of the court's staff, usually conducts preliminary conferences. If the case is handled under the New York's Differentiated Case Management Rule, or if it is exempted from the Rules All parties are required to be present in person. If, however, a person cannot attend in person, they may take part via phone or online with the permission of the convenor. If your case is scheduled to be part of the Differentiated Case Management program, an initial conference can be a chance to determine whether your case falls within one of the three classifications that are expedited, standard, or complex.
Bill of Particulars
After a complaint and summons are filed, the defendant parties named in the lawsuit have either twenty or thirty days in which to submit an Answer (although this deadline may be extended with the court's permission). Once the Answer is filed, the case moves into what is called the discovery phase. In this period, both sides exchange information in the form of written discovery demands and depositions.
The lawyer for the plaintiff prepares the Bill of Particulars at the end of discovery. The document details the legal claims being made as well as the relief sought - usually an award of money damages. The Bill of Particulars is meant to inform the defendant of the specific legal claims made, to help them prepare for trial.
Before a Bill of Particulars can be accepted, it must be examined by the court. In general, a court will only be able to 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 add new claims. For instance, in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. In 1994, the court affirmed the motion to strike out any references to willful or intentional acts in a medical negligence case.
The court will also not permit a new theory to be added at an point in the case that is unreasonable late. To avoid prejudice, an amendment made late to a Bill of Particulars must be supported by an affidavit which provides a reasonable explanation for the delay of this amendment.
Physical Examination
It is possible to ask the reason why a doctor, who doesn't know you, or your medical history and isn't familiar with the details of your accident, would be asked to conduct a medical examination. This type of examination, which is required by Washington law, can be beneficial to your case.
IMEs are usually performed by doctors who are employed by the insurance company of the defendant. Their aim is to provide an alternative view of your injuries. Although they are sometimes referred to as "independent," these physicians - just like the insurance companies - have their own agenda and financial interest in decreasing the amount of compensation that may be awarded to an injured victim.
Your Orange County personal injury attorney will ensure that you are aware of what you can expect from an IME and will give an IME doctor with a copy of the relevant medical records. Your lawyer will also be present at the IME and will make sure that you are examined fairly by ensuring that the doctors questions do not deviate from the ones in your medical records. It is important to not play up or down the severity of your injuries to these doctors, as they are trained to spot the deceit and may make use of this information against you at trial.