What is a Personal Injury Lawsuit?
You could be eligible for compensation if you have been injured due to 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 matter where the plaintiff is seeking money to compensate for their losses, such as medical bills, lost wages property damage and other expenses. The process can take several months to several years.
Damages
A personal injury lawsuit is a legal action that is taken to force another individual or entity to pay you compensation for damages caused by an accident. The plaintiff is the victim, and the defendants are the ones accountable. If someone dies as a result of negligence or wrongdoing by others the wrongful death case may be part of personal injury claims.
A victim's damages are typically broken down into two groups that are punitive and compensatory. Compensation damages can include medical bills, pain and suffering compensation, and other out-of-pocket expenses. Punitive damages, which are not common, are meant to punish the wrongdoer for committing extreme acts.
The first category of damages is often known as "economic damages." This includes all out-of-pocket expenses associated with the accident and injuries. These might include doctor's bills or hospital costs, as well as physical therapy costs. Some claims may also include additional costs, like transportation costs to and from appointments, or modifications to your home to accommodate a disability that is permanent.
Non-economic damage can also be referred to by the term "pain and suffer" damages. These damages are difficult to quantify and include the emotional distress and mental anguish caused by accidents. Your lawyer will assist you to value these damages based on the severity of your injuries. This may be based on your ability to carry out the activities you used to or your loss of consortium with your family.
Statute of Limitations
Under a legal rule called the statute of limitations, anyone who suffers injury as a result of an accident must file a lawsuit within a specified time or the claim will be rejected by the courts. This is to prevent evidence from being lost or forgotten and to stop people from carrying out litigation relating to incidents for an indefinite period.
The exact length of time for filing a claim differs from state to state, however personal injury claims generally have a two-to four-year limit. However there are exceptions that could prolong the time required for a victim to make a claim, and they should seek legal advice when to determine if your case falls under one of the exceptions.
A key aspect of the statute of limitations is that it applies only to the filing of a lawsuit in court. Insurance claims are usually used to resolve injuries and do not require formal lawsuits. However, it is important to leave yourself plenty of time to file a lawsuit just in case insurance negotiations fail to go as planned or an issue arises that can't be addressed by the insurance system.
Some circumstances can pause the clock on the statute of limitations, however they are not common and have to be assessed on a 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, such as New York, it is different for claims against municipalities.
Complaint
A personal injury lawsuit is a civil case initiated by a victim against the person or entity that caused the injury. It alleges that the defendant breached a duty of care, that this breach caused harm and loss to the plaintiff and that the defendant is liable for those damages.
The first document filed with a personal injury lawsuit is referred to as the complaint. It contains specific details about the incident that led to your injuries and outlines the damages you seek. The complaint also includes an "prayer of relief" which outlines what you would like the court to do. The summons and complaint must be handed over to the defendant.
The defendant must respond to the complaint within certain time limits and either admit or deny all the allegations in the complaint. The defendant may also file a counterclaim against the plaintiff or bring in a different defendant as a third-party defendant.
A successful personal injury lawsuit is based on solid evidence, including medical documents and witness testimony. We work closely together with our clients to gather the relevant information and incorporate it in the case. The evidence will also help us negotiate with the defendant's attorneys or insurance representatives to get the best settlement offer possible.
Preliminary Conference
In a personal injury case your lawyer must show 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 when you will be able to determine if you'll receive the compensation you're entitled to. In the trial before a jury, your lawyer will argue the defendant's responsibility and the need to pay for your losses. The defendant will present evidence that their actions do not contribute to the accident, which will prevent them from having to pay you for your losses.
You must attend a pre-trial meeting before proceeding with the trial. This is the first time that your case is subject to deadlines set by a judge. This is also the time where your attorney will discuss the case with the defense.
Preliminary conferences are typically conducted by a judicial registrar or a member of the court's staff. All participants must attend the preliminary conference in person unless the case has been handled in accordance with New York's Differentiated Case Management Rule or the Rules are exempted in other ways. However, if Atlanta injury lawsuits cannot attend in person, they can take part via phone or online with the permission of the convenor. If your case is part of the Differentiated Case Management Program, a preliminary meeting is also an opportunity to determine whether your case falls under one of three categories: 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 submit an Answer (although this deadline may be extended with the court's approval). After 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 demand for discovery and depositions.
After the discovery process is concluded The attorney for the plaintiff prepares what is known as a Bill of Particulars. The document details legal 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 made so that they is able to effectively prepare for trial.
The court must review the Bill of Particulars before it is allowed to be enforced. In general, the court will only be able to abide by the Bill of Particulars if it isn't vague or overly broad. A Bill of Particulars should be limited to the specific acts of negligence 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 upheld a motion to strike the reference to willful or deliberate acts in a medical negligence case.
Similarly, the court will not permit the introduction of a new theory of recovery at an unreasonably late point in the action. To avoid causing prejudice, any late amendment to a Bill of Particulars must be supported by an affidavit that gives a reasonable explanation of the lateness of this amendment.
Physical Examination
You may question why a doctor, who doesn't know you, or your medical history, and isn't familiar with the specifics of your incident, would be asked to conduct a medical examination. This type of exam is required by Washington law, could be beneficial to your case.
Typically, IMEs are conducted by doctors medical who are hired by the insurance company representing the defendant and aim to offer a different perspective on your injuries. Although they are sometimes described as "independent," these physicians - just like the insurance companies have their own agendas and financial motives in reducing the amount of compensation that could 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 copies of all relevant medical records for the doctor to review. Your lawyer will be present during the IME to ensure that the questions posed by the doctor are in line with your medical records. It is important to not play with the extent of your injuries with these doctors, as they are trained to spot dishonesty and may use this information against you in trial.