10 Facts About Injury Lawsuit That Will Instantly Put You In A Good Mood

What is a Personal Injury Lawsuit?

You could be eligible for compensation if you have been injured due to the actions or inactions of another person. To learn more about your rights under the law, contact an experienced personal injury lawyer.

A personal injury lawsuit is a civil matter in which the plaintiff seeks compensation for their losses, including medical expenses, lost wages, injury attorney damages to property and other expenses. The process can take anywhere from several months to several years.

Damages

A personal injury lawsuit is a legal proceeding to force another person or entity to pay money for damages related to an accident. The person who is injured is referred to as the plaintiff, while the parties accountable are known as defendants. If someone dies as a result of the carelessness or infractions committed by others, wrongful death cases can be included in personal injury claims.

The damages a victim suffers are usually broken down into two groups: compensatory and punitive. Compensatory damages include medical bills as well as pain and suffering compensation, and other out-of-pocket expenses. Punitive damages, which are not common, are meant to punish the wrongdoer if they have committed extreme actions.

The first category of damages is typically known as «economic damages.» This is the term used to describe all out-of-pocket expenses associated with the accident and injuries. This could include doctor’s fees, hospital costs and physical therapy costs. In some cases, additional expenses like the cost of traveling to and from appointments or changes to your home due to permanent disabilities can be included in a claim.

Non-economic damages are also described as «pain and suffer» damages. They are more difficult to quantify and are a result of the mental and emotional stress, anguish and suffering that accidents can cause. Based on the severity of your injuries your lawyer can help you determine the value of the damages. This could be based on the capacity to perform the things you were previously able to do or your loss of a relationship with your family.

Statute of Limitations

Under a legal rule called the statute of limitations, anyone who suffers an injury in an accident must file a lawsuit within a specified time or the 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 related to an incident for a long time.

The exact time limit is different from one state to another, but most personal injury lawsuits have a time limit of two to four years. However there are exceptions that can extend the amount of time that a victim must make a claim, and they should seek legal advice when determining whether or not your case falls under one of the exceptions.

One of the main facets of the statute of limitations is that it is only applicable to the filing of an action in court. A majority of injuries cases are resolved through the insurance claim process and do not require formal lawsuit filing. It is still essential to allow yourself sufficient time to bring a lawsuit in the event that negotiations with insurance aren’t as smooth as you had hoped, or if a problem arises that is not resolved by insurance.

Certain circumstances can stop the clock on the statute of limitations, however they are not common and have to be evaluated on a case by case basis. The statute of limitation may not start until the person is aware or should have known that the injury was caused by 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 action filed by an injured party against the person or entity that caused the injury. It claims that the defendant violated their duty of care and this breach resulted in loss and harm to the plaintiff. The defendant is accountable for the 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. It also outlines the damages you seek. The complaint also contains an «prayer of relief» that outlines what you want the court to do. The complaint must be served to the defendant with a summons which is a notification that they are being sued.

The defendant must respond to the complaint within certain time limits and either admit or deny all the allegations made in the complaint. The defendant can also file a counterclaim against the plaintiff or bring in a different defendant as third-party defendant.

A successful personal injury lawsuit depends on solid evidence such as 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 we have will also assist us in negotiate with the defendants’ attorneys or insurance agents to negotiate the most favorable settlement offer.

Preliminary Conference

In a personal injury case your lawyer must demonstrate that the negligence of the defendant led to your accident. You must be able to prove that you sustained injuries from your accident, and that your injuries are a valid reason for financial compensation.

It can be a lengthy process, but it is at the trial that you’ll finally know if you will get the compensation you are entitled to. In a trial before the jury your lawyer will argue for the defendant’s responsibility and the need to be held accountable for your losses. The defendant will present evidence to show that their actions were unrelated to the accident. This will prevent them from settling your losses.

You must attend a pre-trial meeting prior to proceeding with the trial. This is typically the first time your case will have deadlines set by the Court itself. It is also the time where your lawyer will discuss the case with the defense.

A judicial registrar, also known as an individual of the court staff typically conducts preliminary conferences. All parties must attend the initial conference in person unless the case is handled under the New York’s Differentiated Case Management Rule or the Rules are exempted in other ways. If a party is not able to attend in person, the convenor can allow them to participate by phone or online. If your case will be part of the Differentiated Case Management Program, an initial meeting also provides an opportunity to determine if your case falls into one of three categories — complicated or expedited standard.

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 file an Answer (although this deadline can be extended if the court gives consent). Once the Answer is filed, the matter moves into the discovery phase. During this stage, injury attorney both parties exchange information through written demands for discovery and depositions.

Following the conclusion of discovery The attorney for the plaintiff prepares what is known as a Bill of Particulars. The document details the legal claims that are 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 can effectively prepare for trial.

Before a Bill of Particulars can be followed, it must be scrutinized by the court. In general, the court will only be able to abide by the 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 claimed and must not include new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ), for example, was a case where the court ruled that the plaintiff was not negligent. 1994) The court ruled in favor of the motion to strike all references to intentional and willful actions from a medical malpractice claim.

The court will also not allow a new theory to be introduced at any point in the case that is unreasonablely late. To avoid adverse consequences, a late amendment to the Bill of Particulars should only be allowed if accompanied by an affidavit that provides an adequate explanation for the lateness of the amendment.

Physical Exam

If a defense attorney or insurance company demands that you take part in an Independent Medical Examination (IME) Your first reaction could be to wonder the reason why a doctor who does not know you, your medical history, and the details of your injury is asked to conduct an exam. This type of exam is required by Washington law, could be beneficial to your case.

IMEs are typically conducted by doctors hired by the insurance company of the defendant. Their aim is to offer a different perspective on your injuries. While they are sometimes described as «independent,» these physicians as well as insurance companies have their own agendas and financial interest in reducing the amount of compensation that can be awarded to an injured victim.

Your Orange County personal injury attorney will ensure that you understand what to expect from an IME and will provide 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 being examined fairly by ensuring that the doctors ‘ questions aren’t divergent from those in your medical records. It is crucial to not play with the extent of your injuries with the doctors, since they are trained to spot fraud and could utilize this information against you in trial.