What is a Personal Injury Lawsuit?
You may be entitled to compensation if you have suffered injuries 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, including medical bills, lost wages, property damage, and other costs. The process can take anywhere from several months to several years.
Damages
A personal injury lawsuit is a legal action that is used to compel another person, or entity, to pay you for damages resulting from an accident. The plaintiff is the injured party, and the defendants are the ones responsible. Personal injury cases may include cases of wrongful death when someone dies due to the inattention or negligence of others.
Damages are typically classified into two categories: compensatory and punitive. Compensatory damages are meant to ensure that the victim is completely for good, including out-of-pocket costs such as medical expenses as well as compensation for suffering and pain. Punitive damages are not common and designed to punish the perpetrator for their extreme behavior.
The first type of damages is often called "economic damages." This covers all out-of-pocket expenses associated with the accident and injuries. These could include hospital bills, doctor's fees and physical therapy costs. In some cases other expenses such as the cost of traveling to and from appointments or modifications made to your home due to permanent disabilities can be included in the claim.
Non-economic damages are commonly referred to as "pain and suffering" damages. These damages are more difficult to quantify and comprise the emotional distress and mental stress that an accident can cause. Based on the severity of your injuries, your lawyer can help you estimate the value of the damages. It could be based on your capacity to enjoy activities you were previously able to enjoy or your loss of consortium with family members.
Statute of Limitations
A legal requirement known as the statute of limitation stipulates that anyone injured in an accident must file an action within a specified date or else their claim will be dismissed. This is to safeguard evidence from being lost or forgotten, and to stop people from drag out litigation related to an incident for a long time.
The exact time limit is different from one state to another, but the majority of personal injury lawsuits have a time limit of between two and four years. However, there are exceptions that could prolong the time a victim has to make a claim, and they should seek legal advice for help determining whether or not their case falls within one of these exceptions.
A key aspect of the statute of limitations is that it is only applicable to the filing of a lawsuit in a court. Insurance claims are usually used to resolve injury cases and do not require formal lawsuits. It is still essential to allow yourself sufficient time to start a lawsuit in the event that insurance negotiations don't go as planned, or if there is a problem that is not resolved by insurance.
Portsmouth injury lawsuit can pause the clock on the statute of limitations, however they are rare and need to be evaluated on a case by case basis. For instance, the statute of limitations might not start running until a victim discovered or ought to have realized that their injury was caused by a negligent actions, and in certain states, like New York, the statute of limitations differs for claims against municipalities.
Complaint
A personal injury lawsuit is filed by a victim against the person who caused the injury. It claims that the defendant violated a duty of care, that the breach caused harm and loss to the plaintiff, and that the defendant is accountable for the losses.
The first document filed in a personal injury lawsuit is called the complaint, and it includes specific allegations regarding the incident that caused your injuries. It also outlines the damages you are seeking. It also contains an "prayer for relief" which outlines what you would like 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 specific time limits and either admit or deny all allegations in the complaint. The defendant may also file a counterclaim against the plaintiff or bring in a different defendant as third-party defendant.
A successful personal injury lawsuit is based on solid evidence, including medical records and testimony from witnesses. We work closely together with our clients to collect all relevant information and include it in the case. The evidence we gather can also assist us to negotiate with defense lawyers or insurance agents to obtain the best settlement offer.
Preliminary Conference
In a personal injury case, your attorney must prove that the defendant's negligence caused your accident. You must be able to prove that you sustained injuries from your accident, and that those injuries warrant financial compensation.
It's a long process, but it's at the trial that you'll be able to determine if you get the compensation you are entitled to. In the trial before the jury, your lawyer will argue that the defendant is at liability and that they must be held accountable for your losses. The defendant will present evidence to prove that their actions were not related to the accident. This will stop the defendant from paying for your losses.
Before proceeding to trial you must attend a preliminaries conference. This is the first time that your case has deadlines set by a judge. This is also when your lawyer will discuss the issue with the defense.
A judicial registrar, also known as a member of the court staff typically holds preliminary conferences. If the case is handled under New York's Differentiated Case Management Rule, or if it is exempted from the Rules the parties are required to attend in person. However, if a party cannot attend in person, they may participate via telephone or on the internet, with the consent of the convenor. If your case is to be a part of the Differentiated Case Management program, an initial conference can provide an opportunity to determine whether your case falls within one of the three classifications that are expedited, standard, or complex.
Bill of Particulars
After the complaint and summons are filed, the defendants named in the lawsuit will be given between twenty and thirty days (although this time frame can be extended by the court). After the Answer is filed, the case moves into the discovery phase. In this phase, both parties exchange information through written discovery demands and depositions.
Following the conclusion of discovery The attorney for the plaintiff prepares what is known as a Bill of Particulars. The document details legal claims and 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, so that they can prepare for trial.
The court must look over a Bill of Particulars before it is allowed to be enforced. In general, a court will only accept a Bill of Particulars if it is not vague or overbroad. A Bill of Particulars should be limited to the specific acts of negligence being asserted and should not include 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 permit the introduction of a new doctrine of recovery at an unreasonable late stage in the litigation. To avoid causing prejudice an amendment made late to a Bill of Particulars must be supported by an affidavit which gives a reasonable explanation for the tardiness of the amendment.
Physical Examination
It is possible to ask why a doctor, who doesn't know you or your medical history and is unfamiliar with the details of your accident, would be required to conduct a medical examination. But, this type of examination is actually an obligation under Washington law, and it could be beneficial in your case.
Typically, IMEs are conducted by medical doctors who are employed by the defendant's insurance company and their aim is to offer a different perspective on your injuries. These doctors, who are sometimes referred to as "independent" and have their own goals and financial interests in reducing the amount of compensation that can be paid to victims.
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 the relevant medical records. Your lawyer will be present during the IME to ensure that the questions posed by the doctor are in accordance with your medical records. It is not advisable to downplay or exaggerate the severity of your injuries to these doctors. They are trained to spot fraud, and may utilize this information in court.