What is a Personal Injury Lawsuit?
If you've been injured through the actions or inactions, you may be able to recover compensation. To find out more about your rights under the law to pursue compensation, consult a knowledgeable personal injury lawyer.
A personal injury lawsuit is a civil litigation where the plaintiff seeks compensation for their losses. This includes medical expenses as well as lost wages and property damage. The process can last from a few months to several years.
Damages
A personal injury lawsuit is an action to compel a person or entity to pay you compensation for the damages resulting from an accident. The party who suffered the injury is known as the plaintiff while the parties accountable are known as defendants. Personal injury cases may include cases of wrongful death when someone dies because of the inattention or negligence of others.
Damages are usually divided into two categories: compensatory and punitive. Compensatory damages are intended to make the victim whole and regain their financial security, which includes out-of-pocket expenses like medical bills and compensation for pain and suffering. Punitive damages are uncommon and are intended to penalize the wrongdoer for extreme conduct.
The first category of damages is usually referred to as "economic damages." This covers any out-of-pocket costs resulting from the accident or injury. This could include doctor's fees as well as hospital expenses and physical therapy expenses. Some claims may also include additional expenses, such as the cost of travel to and from appointments or modifications to your home to accommodate a disability that is permanent.
Non-economic damages can also be called "pain and suffer" damages. These damages are harder to quantify, and include the emotional stress and mental stress caused by accidents. Your lawyer will help you determine the value of these damages based on the severity of your injury. This may be based on your ability to carry out the things you did before or your loss of a relationship with your family.
Statute of limitations
Under a legal rule called the statute of limitations, any person who is injured in an accident must bring a lawsuit within a certain time frame or their claim will be rejected by the courts. This is done to prevent evidence from being lost or lost, and to prevent individuals from dragging litigation relating to incidents out indefinitely.
Chula Vista injury attorneys differs from one state another, but most personal injury lawsuits have a time limit of between two and four years. However there are exceptions that could extend the amount of time a victim has to make a claim, and they should seek legal advice for assistance in to determine if your case falls under one of the exceptions.
One of the most important aspects of the statute of limitations is that it only applies to the filing of an action in a court. Insurance claims are usually used to resolve injuries and do not require formal lawsuits. It is important to give yourself enough time to start a lawsuit in the event that insurance negotiations do not go as planned or if a problem occurs which cannot be resolved through insurance.
Some circumstances can pause the clock on the statute of limitations, however they are extremely rare 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 resulted from someone else's negligence. In some 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. The plaintiff claims that the defendant breached the duty of care, that this breach caused harm and loss to the plaintiff and that the defendant should be held liable for those damages.
The first document filed with a personal injury lawsuit is referred to as the complaint. It includes specific allegations regarding the incident that caused your injuries. It also lists the damages you are seeking. The complaint also includes the "prayer of relief" that outlines what you would like the court to do. The complaint must be served on the defendant, along with a summons, which is a notice that they are being sued.
After the complaint is filed, the defendant is required to respond to the complaint within a certain time period, and they must either accept or deny the allegations made in the complaint. The defendant may also bring a counterclaim against plaintiff or bring in a different defendant as third-party defendant.
A successful personal injury lawsuit depends on solid evidence, including medical records 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 will also help us negotiate with the attorney for the defendant or insurance companies to negotiate the best settlement offer possible.
Preliminary Conference
In a personal injury lawsuit the attorney for you must prove that the negligence of the defendant led to 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 procedure, but it's at the trial that you'll find out if you be awarded the compensation you are entitled to. In a trial before the jury the lawyer will argue for the defendant's liability and that they must pay for your losses. The defendant will argue that their actions are not related to the accident, which will keep them from having to compensate you for your losses.
You must attend a pre-trial discussion prior to proceeding with the trial. This is the first time that your case is subject to deadlines set by a court. This is also the time when your lawyer will discuss the matter with the defense.
Preliminary conferences are typically conducted by a judicial registrar or an individual from the court's staff. Unless the case is handled under the New York's Differentiated Case Management Rule, or otherwise exempted from the Rules the parties are required to be present in person. If a party is unable to attend in person, they can participate via telephone or on the internet, with the consent of the convenor. If your case is going 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 categories which are expedited, standard or complex.
Bill of Particulars
After the summons and complaint have been filed, the defendants named in the lawsuit will have twenty to thirty days (although this time frame is able to be extended by the court). Once the Answer has been filed, the matter moves into what is called the discovery phase. In this phase both parties exchange information via written demands for discovery and depositions.
The lawyer for the plaintiff prepares the Bill of Particulars at the end of the discovery. This document provides the legal claims that are being made and the relief requested - typically an award of money damages. The Bill of Particulars is meant to inform the defendant of the specific legal claims that are made to help them prepare for trial.
The court must look over the Bill of Particulars before it can be complied with. Generally, the court will only accept a Bill of Particulars that is not vague or overly broad. A Bill of Particulars should be limited to the specific acts of negligence claimed and should not contain new claims. For example in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. In 1994, the court affirmed a motion to strike references to intentional or willful actions in a medical malpractice case.
The court will not allow introduction of a new theory of recovery at an unreasonable late stage in the case. To avoid prejudice, any late amendment to a Bill of Particulars must be supported by an affidavit which gives a reasonable explanation of the lateness of this amendment.
Physical Exam
If a defense attorney, or an insurance company requests that you take part in an Independent Medical Examination (IME) Your first reaction could be to wonder the reason a doctor who may not know you and your medical history and the details of your incident is required to conduct an examination. This type of examination is required under Washington law, could be beneficial to your case.
Typically, IMEs are conducted by doctors medical who are hired by the insurance company of the defendant and aim to offer a different perspective to your injuries. These doctors, who are sometimes referred to as "independent" and have their own agendas and financial stakes in reducing the amount of compensation that is given to victims of injuries.
Your Orange County personal injury attorney will ensure that you understand what to expect from an IME and will provide the 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 line with your medical records. You should not downplay or exaggerate the severity of your injuries to the doctors. They are trained to detect fraudulent behavior, and can make use of this information in a trial.