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, contact an experienced personal injury lawyer.
A personal injury lawsuit is a civil dispute where the plaintiff is seeking money to cover their losses, including medical bills, lost wages, property damage and other expenses. The process can run from a few months to several years.
Damages
A personal injury lawsuit is a legal process that is used to compel another person, or entity to compensate you for the damages that result from an accident. The party who suffered the injury is known as the plaintiff and the parties responsible are referred to as defendants. If someone dies as a result of inattention or negligence of others the wrongful death case can be included in personal injury claims.
The damages a victim suffers are usually broken down into two groups: compensatory and punitive. Compensation damages are based on medical bills as well as pain and suffering compensation, and other out of pocket expenses. Punitive damages, which are very rare and are designed to punish the wrongdoer for committing extreme actions.
The first category of damages is typically referred to as "economic damages." This includes all out-of-pocket expenses associated with the accident and injuries. This could include doctor's fees or hospital costs, as well as physical therapy expenses. In certain cases other expenses such as the cost of travel to and from appointments or modifications made to your home to accommodate permanent disabilities may be included in the claim.
Non-economic damage can also be described as "pain and suffer" damages. They are more difficult to quantify and involve the mental and emotional stress, anxiety and suffering that an accident can cause. Depending on the extent of your injuries, your lawyer will help you estimate the value of these damages. This could be based on the capacity to perform the activities you used to or your loss in consortium with family.
Statute of Limitations
A legal requirement, known as the statute of limitations, any person who suffers injury as a result of an accident must make a claim within a certain time frame or else their claim will be rejected by the courts. This is done to stop evidence from being lost or lost and to stop individuals from dragging litigation relating to incidents out for a long time.
The exact duration of the time limit differs from one state another, but the majority of personal injury claims have a time limit of two to four years. There are some exceptions to the time limit for filing an injury claim. If you need assistance to determine if your claim is 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. A majority of injuries cases are resolved through the insurance claim process and do not require formal lawsuit filing. It is nevertheless important to give yourself enough time to bring a lawsuit in the event that negotiations with insurance don't go as planned, or if a problem arises that cannot be resolved with insurance.
Some circumstances can pause the clock on the statute of limitations, but they are not common and have to be assessed on a case-by-case basis. The statute of limitations may not begin until the victim is aware or should have known that the injury was caused by another's negligence. In some states, like New York, it is different for claims against municipalities.
Complaint
A personal injury lawsuit is a civil case filed by an injured party against the person or entity that caused the injury. It claims that the defendant breached their duty of care and that this breach resulted in harm and losses for the plaintiff. The defendant is then held responsible for these damages.
The complaint is the first document that is filed in a personal injury lawsuit. It contains detailed allegations concerning the incident that caused your injuries as well as the damages you seek. It also contains a "prayer for relief" that describes what you want the court to do. The complaint and summons must be given to the defendant.
After the complaint is filed, the defendant is required to submit an answer to the complaint within a specified time frame, 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 a third party defendant.
A successful personal injury lawsuit depends on solid evidence including medical documents and testimony from witnesses. We work closely with our clients to collect all relevant information and then include it in the case. The evidence can also help us negotiate with the attorney of the defendant or insurance agents to obtain 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 were injured in your accident and that your injuries are worth financial compensation.
It can be a lengthy process however, the trial is when you'll be able to decide if you'll receive the compensation you're entitled to. In a jury trial, your lawyer will argue that the defendant is liable and has to pay for the losses you suffered. The defendant will argue that their actions are not related to the accident, which prevents them from having to compensate you for your losses.
Before proceeding to trial, you must attend a preliminary conference. This is the first time your case has deadlines set by a judge. This is also the time when your attorney will discuss the matter with the defense.
Chino Hills injury attorneys are usually conducted 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 under the New York's Differentiated Case Management Rule or the Rules are otherwise exempted. If, however, a person cannot attend in person, they may participate via phone or internet with the approval of the convenor. If your case will be part of the Differentiated Case Management Program, a preliminary meeting is also an opportunity to determine if your case falls into one of three categories: advanced standard or complex.
Bill of Particulars
After a complaint and summons are filed, the defendants who are named in the lawsuit have the option of having twenty or thirty days to file an Answer (although this time frame can be extended with the court's approval). Once the Answer is filed, the case moves into what is known as the discovery phase. In this stage, both parties exchange information through written demands for discovery and depositions.
At the conclusion of discovery the attorney representing the plaintiff drafts what is called a Bill of Particulars. The document is a legal declaration of claims 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 the Bill of Particulars before it is allowed to be enforced. In general, courts will only abide by a Bill of Particulars that is not vague or broad. A Bill of Particulars must only include the specific acts of negligence that are being alleged and not include any new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ), for example was a case in which the court ruled that the plaintiff was not negligent. 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 a new theory to be added at an point in the action that is unreasonably late. To avoid causing prejudice, a 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
You may question why a doctor, who isn't familiar with you or your medical history, and isn't familiar with the details of your accident, should be asked to conduct a medical exam. But, this type of examination is actually an obligation under Washington law and could be beneficial to your case.
IMEs are usually conducted by doctors hired by the defendant’s insurance company. Their goal is to provide an alternative perspective on your injuries. These doctors, who are often referred to as "independent" are able to have their own agendas and financial stakes in reducing the compensation that is awarded to injured victims.
If you decide to go through an IME the Orange County personal injury lawyer will ensure that you are well-informed about what to expect. They will provide the complete set of medical records for the doctor to examine. 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 avoid playing with the severity of your injuries to the doctors, since they are trained to recognize dishonesty and may use this information against you at trial.