What is a Personal Injury Lawsuit?
You could be entitled to compensation if were injured as a result of the actions or inactions of a third party. Contact an experienced personal injury lawyer to learn more about your rights.
A personal injury lawsuit is a civil litigation where the plaintiff seeks compensation for their loss. This includes medical bills as well as lost wages and property damage. The process can take several months to a few years.
Damages
A personal injury lawsuit is a process to force another person or entity to pay compensation for the damage caused by an accident. The party who suffered the injury is known as the plaintiff, while the parties responsible are referred to as defendants. Personal injury cases can include cases of wrongful death when someone dies due to the negligence or wrongdoing of others.
A victim's damages are typically divided into two categories which are: punitive and compensatory. Compensation damages can include medical bills as well as pain and suffering compensation, and other out of pocket expenses. Punitive damages, which are not common and are intended to punish the wrongdoer if they have committed extreme acts.
This category covers all expenses that result from the accident or injury. These could include hospital bills as well as doctor's fees and therapy costs. Some claims could also cover additional costs, like the cost of travel to and from appointments, or the need to modify your home to accommodate a disability that is permanent.
Non-economic damages are also described as "pain and suffer" damages. They are more difficult to quantify and include the mental and emotional stress, suffering and anguish caused by accidents. Your lawyer can help you value these damages based on the severity of your injury. Kalamazoo injury lawsuit could be based on the capacity to perform the things you did before or your loss of consortium with your family.
Statute of Limitations
A legal requirement known as the statute of limitation obliges anyone injured in an accident should file an action before a specific date or the claim will be dismissed. This is done to stop evidence from being lost or lost, and also to stop those who delay bringing litigation related to an incident out for an indefinite period.
The exact time limit differs from one state another, but most personal injury claims have a limit of between two and four years. However there are exceptions that can prolong the time required for a victim to make a claim, and they should seek legal advice for assistance in to determine if their case falls within one of the exceptions.
The statute of limitations is only applicable to lawsuits filed in court. Insurance claims are usually used to settle injury cases and do not require formal lawsuits. But, it's crucial to give yourself enough time to file a lawsuit in the event that insurance negotiations do not take place as planned or if an issue arises that cannot be addressed by the insurance system.
Certain circumstances can stop the clock on the statute of limitations, but they are extremely rare and have to be evaluated on a case-by case basis. The statute of limitation may not start until the person realizes or should have realized that the injury resulted from someone else's negligence. In some states, such as New York, it is different for claims that are made against municipalities.
Complaint
A personal injury lawsuit is filed by the victim against the party who caused the injury. The plaintiff claims that the defendant breached the 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 with a personal injury lawsuit is called the complaint. It contains detailed allegations about the incident that led to your injuries. It also outlines the damages you're seeking. The complaint also contains an "prayer of relief" which outlines what you want the court to do. The summons and complaint should be delivered to the defendant.
After the complaint is filed, the defendant is required to submit an answer to the complaint within a certain time period, and they must either accept or deny the allegations in the complaint. The defendant may also file a counterclaim, or add a third party defendant to the case as a third party defendant.
A successful personal injury lawsuit is built on solid evidence, which includes medical documents and witness testimony. We work closely with our clients to ensure that all relevant information is gathered and included in the case. The evidence we have will also assist us in negotiate with the defense attorneys or insurance agents to negotiate the most favorable settlement offer.
Preliminary Conference
In a personal injury case, your lawyer must prove that negligence on the part of the defendant caused your accident. You must also prove you were injured in your accident and that these injuries are worth an amount of money.
It's not an easy process, but it's at the trial that you will be able to determine if you be awarded the compensation you deserve. In a trial before a jury, your lawyer will argue that the defendant is at responsibility and they will argue that they have to compensate you for your losses. The defendant will provide evidence to show that their actions were not related to the accident. This will prevent them from paying you for your losses.
You must attend a pre-trial meeting before you can proceed with the trial. This is the first time that your case has deadlines set by a judge. This is also the time that your lawyer will discuss the case with the defense.
Preliminary meetings are usually held by a judicial register or an individual from the court's staff. Unless the case is being handled under New York's Differentiated Case Management Rule, or if it is exempted from the Rules All participants are required to attend in person. If a party is unable to attend in person, they are able to take part via phone or online with the approval of the convenor. 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 within one of three categories: advanced standard or complex.
Bill of Particulars
After a summons or complaint are filed, the defendants who are named in the lawsuit have either twenty or thirty days in which to file an Answer (although this deadline may be extended with the court's permission). 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 demands 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 the legal claims being made as well as the relief sought - usually the award of damages in cash. The Bill of Particulars is meant to inform the defendant of the specific legal claims being made, to help them prepare for trial.
The court must look over the Bill of Particulars before it is allowed to be enforced. In general, the court will only abide by the Bill of Particulars if it isn't vague or overly broad. A Bill of Particulars must only include the specific acts of neglect that are being asserted 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 granted the motion to strike references to intentional and willful acts from a medical negligence claim.
Similarly, the court will not allow introduction of a new theory of recovery at an unreasonably late point in the action. To avoid negative consequences, an amendment made late to the Bill of Particulars should only be allowed when supported by an affidavit stating an acceptable explanation for the delay in the amendment.
Physical Examination
If a defense attorney, or an insurance company requests that you take part in an Independent Medical Examination (IME), your natural first instinct might be to ask the reason why a doctor who does not know you or your medical history and the particulars of your accident is being requested to conduct an exam. But, this type of exam is actually a requirement under Washington law, and can be helpful to your case.
Typically, IMEs are conducted by medical doctors who are employed by the defendant's insurance company and their goal is to offer an alternative view of your injuries. These doctors, often referred to as "independent" and have their own agendas 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 you can expect from an IME and will give the doctor with a copy of all relevant medical records. Your lawyer will also be present at the IME and will ensure that you are being treated in a fair manner by ensuring that the questions of the doctor do not diverge from the ones in your medical records. You should not downplay or exaggerate the severity of your injuries to these doctors. They are trained to spot dishonesty, and could make use of this information in a trial.