What is a Personal Injury Lawsuit?
If you've been hurt through the actions or inactions, you could be eligible for compensation. 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 compensation for their losses, which include medical bills, lost wages property damage, and other costs. The process can run from a few months to several years.
Damages
A personal injury lawsuit is a legal proceeding to force another person or entity to pay compensation for the damage caused by an accident. The plaintiff is the injured party and the defendants are accountable. Personal injury cases can also include the wrongful death of a person who dies because of the negligence or wrongful actions of others.
Damages are usually classified into two categories: punitive and compensatory. Compensation damages are designed to ensure that the victim is completely again, including out-of-pocket expenses such as medical expenses as well as compensation for suffering and pain. Eugene injury lawsuit are rare and are designed to punish the perpetrator for their extreme behavior.
This category covers all costs that result from the injury or accident. This could include doctor's fees as well as hospital expenses and physical therapy expenses. In certain cases additional expenses, such as the cost of travelling to and from appointments or modifications made to your home due to permanent disabilities can also be included in a claim.
Non-economic damage can also be described as "pain and suffer" damages. They are more difficult to quantify and are a result of the emotional distress, mental anguish and suffering caused by accidents. Based on the extent of your injuries, your lawyer can help you determine the value of the damages. This might be based on your capacity to enjoy activities you previously enjoyed or your loss of connection with family members.
Statute of limitations
A legal requirement, known as the statute of limitations, any person who suffers an injury in an accident must make a claim within a specific time period or their claim will be rejected by the courts. This is to prevent evidence from being lost or lost in the shuffle and to stop people from drag out incident-related litigation indefinitely.
The exact length of time for filing a claim varies from state to state, but personal injury claims typically have a two-to four-year limit. There are certain exceptions to the period for filing an injury claim. If you require assistance to determine if your claim falls within one of these exceptions, then it is recommended that you seek legal advice.
The statute of limitations is only applicable to lawsuits that are filed in court. Insurance claims are typically used to resolve injuries and do not require formal lawsuits. It is important to give yourself enough time to file a lawsuit in the event that negotiations with insurance aren't as smooth as you had hoped, or if a problem arises that cannot be resolved with insurance.
Certain circumstances may stop the statute of limitations clock however these cases are rare and generally need to be considered on an individual case-by-case basis. For example, the statute of limitations may not start to run until a victim discovered or should have reasonably discovered that their injury was caused by someone else's negligent actions. In certain states, like New York, the statute of limitations differs for claims against municipalities.
Complaint
A personal injury lawsuit is a civil action filed by an injured party against the person or entity who caused the injury. It alleges that the defendant violated the duty of care, that this breach caused harm and loss to the plaintiff, and that the defendant is accountable for the losses.
The complaint is the initial document that is filed in a personal injury lawsuit. It contains detailed allegations regarding the incident that led to your injuries, and the damages you want. The complaint also contains the "prayer of relief" which describes what you want the court to do. The complaint must be served on the defendant, along with a summons, which is a notice that they are being sued.
The defendant must respond to the complaint within specific deadlines 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 is built on solid evidence, which includes medical records and witness testimony. We collaborate closely with our clients to ensure that all relevant information is collected and included in the case. The evidence we have can also assist us to negotiate with the defense attorneys or insurance agents to get the best possible settlement offer.
Preliminary Conference
In a personal-injury case the lawyer for you must prove that negligence on the part of the defendant led to your accident. You must also prove you were injured in your accident and that these injuries are worthy of an amount of money.
It can be a lengthy process, but it is at the trial that you'll 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 accountable and is required to compensate you for the losses you suffered. The defendant will present evidence that their actions do not contribute to the accident, which will prevent them from having to pay you for your losses.
Before proceeding to trial you must attend a preliminaries conference. This is often the first time your case will have deadlines established by the Court itself. This is also the time that your lawyer will discuss the case with the defense.
Preliminary conferences are typically conducted by a judicial registrar or an individual from the court's staff. Unless the case is handled in accordance with the New York's Differentiated Case Management Rule, or is otherwise exempt from the Rules All parties are required to attend in person. If a person is unable to attend in person, the convenor can allow them to participate by phone or via the internet. If your case is scheduled to be a part of the Differentiated Case Management program, an initial conference can be an opportunity to identify whether your case falls under one of the three categories which are expedited, standard or complex.
Bill of Particulars
After a complaint and summons are filed, the defendants named in the lawsuit have either twenty or thirty days in which to respond (although this deadline can be extended with the court's approval). Once the Answer has been filed, the matter moves into the discovery phase. In this phase the parties exchange information via written demands for discovery and depositions.
The lawyer of the plaintiff drafts the Bill of Particulars at the end of discovery. This document provides the legal claims that are being made and the relief requested - typically the award of damages in cash. The Bill of Particulars is meant to inform the defendant of the specific legal claims being made, so that they can prepare for trial.
The court must look over the Bill of Particulars before it can be complied with. In general, a court will only be able to abide by a Bill of Particulars if it isn't vague or overly broad. A Bill of Particulars should be limited to the specific acts of negligence being claimed and should not contain new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ), for example was a case in which the court found that the plaintiff had not been negligent. 1994) the court granted a motion to strike all references to willful and intentional acts from a medical negligence claim.
The court will not allow a new theory to be introduced at a point in the case that is unreasonably late. In order to avoid resultant prejudice, a belated amendment to the Bill of Particulars should only be allowed when supported by an affidavit stating a reasonable excuse 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) the first reaction might be to ask the reason why a doctor who does not know you or your medical history and the specifics of your injury is asked to conduct an exam. This type of exam, which is required by Washington law, could be beneficial to your case.
IMEs are usually conducted by doctors employed by the insurance company of the defendant. Their goal is to provide an alternative view of your injuries. While they are sometimes called "independent," these physicians, just like insurance companies have their own agendas and financial motives in cutting down on the amount of compensation that can be awarded to an injured victim.
If you decide to undergo an IME, your Orange County personal injury lawyer will ensure that you are well-informed about what to expect and 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 asked by the doctor are consistent with your medical records. Do not underplay or exaggerate the severity of your injury to the doctors. They are trained to detect dishonesty, and could utilize this information in court.