What is a Personal Injury Lawsuit?
Westland injury attorney YouTube could be eligible for compensation if you have been injured due to 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 civil dispute in which 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 a legal proceeding to compel a person or entity to pay money for damages related to an accident. The plaintiff is the victim, and the defendants are accountable. If someone dies as the result of carelessness or infractions committed by others the wrongful death case can be included in personal injury claims.
The damages of a victim are typically broken down into two groups: compensatory and punitive. Compensation damages are based on medical bills as well as pain and loss compensation, and other out-of-pocket expenses. Punitive damages are rare and designed to punish the offender for extreme behavior.
The first category of damages is often known as "economic damages." This covers any out-of-pocket costs resulting from the accident or injury. This could include hospital bills, doctor's fees and physical therapy costs. Certain claims could also include additional costs, like the cost of travel to and from appointments, or modifications to your home to accommodate a permanent disability.
Non-economic damages are also referred to by the term "pain and suffer" damages. These are more difficult to quantify and are a result of the mental and emotional stress, anxiety and suffering caused by accidents. Based on the severity of your injuries your lawyer will assist you to determine the value of these damages. This might be based on the ability to participate in activities that you previously enjoyed or your loss of connection with family members.
Statute of Limitations
Under a legal rule called the statute of limitations, any person who suffers injury as a result of an accident must file a lawsuit within a certain time frame or the claim will be rejected by the courts. This is done to prevent evidence from being forgotten or lost, and also to stop people from dragging incident-related litigation out for an indefinite period.
The exact length of time for filing a claim varies between states, however personal injury claims generally have a two- to four-year limit. There are some exceptions to the time limit for filing claims. If you need help to determine if your claim falls within one of these exceptions, then it is recommended to seek legal advice.
The statute of limitations is only applicable to lawsuits filed in the court. Insurance claims are typically used to resolve injuries and do not require formal lawsuits. It is nevertheless essential to allow yourself sufficient time to bring a lawsuit in the event that insurance negotiations aren't as smooth as you had hoped, or if a problem occurs that cannot be resolved with insurance.
Certain circumstances may stop the clock on the statute of limitations, however they are rare and need to be considered on a case-by case basis. For instance the statute of limitations might not start to run until a victim discovered or ought to have realized that their injury was caused by a negligence, and in some states, such as New York, the statute of limitations differs 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 alleges that the defendant breached a duty of care, that the breach caused harm and losses to the plaintiff, and that the defendant is accountable for the damages.
The first document filed with a personal injury lawsuit is referred to as the complaint, and it includes specific allegations regarding the incident that caused your injuries and outlines the damages you are seeking. The complaint also contains an "prayer for relief" that describes what you want the court to do. The complaint must be served on the defendant, along 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 the allegations made in the complaint. The defendant may also file a counterclaim or add another defendant to the case by naming third party defendant.
A successful personal injury lawsuit relies on solid evidence, including medical records and testimony from witnesses. We work closely with our clients to gather all relevant information and then include it in the case. The evidence we collect will also assist us in negotiate with the defendants' attorneys or insurance agents to get the best possible settlement offer.
Preliminary Conference
In a personal injury case, your attorney must prove that the negligence of the defendant caused your accident. You must also prove that you were injured in the accident and that these injuries are worthy of the amount of financial compensation.
This can be a long process however, the trial is when you will be able to determine if you'll be awarded the damages you're entitled to. In the trial before the jury the lawyer will argue for the defendant's liability and that they must be held accountable for your losses. The defendant will provide evidence to show that their actions are not connected to the accident. This will stop the defendant from paying for your losses.
You must attend a pre-trial conference before you can proceed with the trial. This is typically the first time that your case will be subject to deadlines set by the Court itself. This is also the time when your lawyer will discuss the matter with the defense.
Preliminary meetings are usually held by a judicial registrar, or a member of the court's staff. If the case is handled under the New York's Differentiated Case Management Rule, or is otherwise exempt from the Rules All parties are required to attend in person. If, however, a person is unable to attend in person, they can participate via telephone or on the internet with the approval of the convenor. If your case will be part of the Differentiated Case Management Program, the initial meeting provides an opportunity to determine if your case falls under one of three categories: advanced standard or complex.
Bill of Particulars
When a summons and complaint are filed, the defendant parties named in the lawsuit have either twenty or thirty days in which to submit an Answer (although this deadline may be extended if the court gives permission). Once the Answer is filed, the case enters what is known as the discovery phase. During this stage the parties exchange information via written demands for discovery and depositions.
The plaintiff's lawyer prepares the Bill of Particulars at the end of the discovery. This document provides the legal claims being made and the relief sought, usually the award of damages in cash. The Bill of Particulars is intended to put the defendant on notice of the specific legal claims being made, so that he or she can prepare effectively for trial.
The court must review the Bill of Particulars before it is able to be followed. Generally speaking, the court will only accept a Bill of Particulars that is not overbroad or vague. A Bill of Particulars should be limited to the specific negligence that is being claimed and should not add new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ) for instance was a case where the court concluded that the plaintiff was not negligent. In 1994, the court affirmed the motion to strike all the reference to willful or deliberate actions in a medical malpractice case.
Similarly, the court will not permit the introduction of a new doctrine of recovery at an unreasonably late stage in the case. To avoid causing prejudice, any late amendment to a Bill of Particulars must be supported by an affidavit, which provides a reasonable explanation for the delay of this amendment.
Physical Examination
You might be wondering the reason why a doctor, who doesn't know you, or your medical history, and isn't familiar with the details of your incident, would be required to conduct a medical examination. However, this type of exam is actually required under Washington law and 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 view of your injuries. While they are sometimes called "independent," these physicians, just like insurance companies have their own agendas and financial interest in reducing the amount of compensation that can be granted to a victim who has been injured.
If you decide to undergo an IME If you decide to undergo an IME, your Orange County personal injury lawyer will make sure that you are fully informed about what to expect and provide copies of all relevant medical records to the doctor to review. 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 important to not play up or down the severity of your injuries to these doctors, as they are trained to spot fraud and could use this information against you in trial.