What is a Personal Injury Lawsuit?
If you have been injured due to another's actions or inactions, you may be eligible for compensation. To find out more about your legal rights, contact an experienced personal injury lawyer.
A personal injury lawsuit is civil dispute in which the plaintiff seeks compensation for their loss. This can include 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 legal process that is used to force another person or entity to pay you compensation for damages caused by an accident. The person who is injured is referred to as the plaintiff and the parties accountable are known as defendants. Personal injury cases may include the wrongful death of a person who dies due to negligence or wrongful actions of others.
Anchorage injury lawyer are typically divided into two categories which are: punitive and compensatory. Compensatory damages are meant to help the victim get back on track for good, including out-of-pocket costs such as medical expenses as well as compensation for pain and suffering. Punitive damages, which are rare, are meant to punish the perpetrator if they have committed extreme acts.
This category includes all expenses that result from the accident or injury. This could include hospital bills as well as doctor's fees and therapy costs. In some cases other expenses such as the cost of travel to and from appointments, or modifications to your home for permanent disabilities can be included in a claim.
Non-economic damages are commonly referred to as "pain and suffering" damages. These damages are harder to quantify, and include the emotional distress and mental stress caused by accidents. Based on the severity of your injuries your lawyer will assist you to place a value on the damages. It could be based on the ability to enjoy activities you used to do or your loss of consortium with family members.
Statute of Limitations
Under a legal rule called the statute of limitations, any person who is injured in an accident must bring a lawsuit within a specified time or the claim will be dismissed by the courts. This is done to prevent evidence from being forgotten or lost and to stop those who delay bringing litigation related to an incident out indefinitely.
The exact time limit varies from one state to another, but the majority of personal injury lawsuits have a limit of between two and four years. However, there are exceptions that could extend the amount of time required for a victim to submit their claim. They should seek legal advice for assistance in to determine whether or not their case falls into one of the exceptions.
One of the most important aspects of the statute of limitations is that it is only applicable to the filing of a lawsuit in court. Insurance claims are usually used to settle injury cases and do not require formal lawsuits. It is important to give yourself enough time to start a lawsuit in the event that insurance negotiations aren't as smooth as you had hoped, or if there is a problem that is not resolved by insurance.
Certain circumstances may stop the clock on the statute of limitations, but these instances are very rare and have to be analyzed on an individual 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 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 the victim against the party who caused the injury. It alleges that the defendant violated a duty of care, that the breach caused harm and loss to the plaintiff and that the defendant is liable for those damages.
The first document filed with a personal injury lawsuit is known as the complaint, and it contains specific details about the incident that led to your injuries. It also lists the damages you're seeking. The complaint also contains the "prayer of relief" which outlines what you want 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 a set of time limits and either admit or deny all the allegations in the complaint. The defendant can also make a counterclaim against the plaintiff or introduce another defendant as third-party defendant.
A successful personal injury lawsuit is based on solid evidence, including medical documents and testimony from witnesses. We work closely with our clients to gather all relevant information and include it in the case. The evidence we collect will also help us to negotiate with defense attorneys or insurance agents to negotiate the most favorable 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 be able to prove that you sustained injuries from your accident, and that those injuries warrant financial compensation.
It can be a lengthy process however, the trial is when you will be able to determine if you'll receive the compensation you deserve. In the trial before jurors 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 present evidence to show that their actions were unrelated to the accident. This will prevent them from paying you for your losses.
Before proceeding to trial you must attend a preliminaries conference. This is usually the first time that your case will be subject to deadlines that are set by the Court itself. It is also the time where your lawyer will discuss the case with the defense.
A judicial registrar, or an individual from the court staff, usually conducts preliminary conferences. Unless the case is being handled by the New York's Differentiated Case Management Rule, or otherwise exempted from the Rules, all participants are required to attend in person. If a party 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, an initial meeting also provides an opportunity to determine whether your case falls within one of three categories: advanced standard or complex.
Bill of Particulars
After the summons and complaint have been filed, defendants named in the lawsuit will have between twenty and thirty days (although this time frame can be extended by the court). Once the Answer has been filed, the case is moved into what is called the discovery phase. In this phase, both sides exchange information in the form of written demand for discovery and depositions.
The lawyer for the plaintiff prepares a Bill of Particulars at the end of discovery. This document outlines the legal claims being made as well as 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 filed so that they is able to effectively prepare for trial.
Before a Bill of Particulars can be accepted, it must be examined by the court. In general, a court will only accept the Bill of Particulars if it isn't vague or overly broad. A Bill of Particulars should be limited to the specific negligence that is being claimed and should not contain 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. 1994) The court ruled in favor of the motion to strike all references to willful and intentional actions from a medical malpractice claim.
Similarly, the court will not allow introduction of a new doctrine of recovery at an unreasonably late point in the action. In order to avoid resultant negative consequences, an amendment made late to the Bill of Particulars should only be permitted if supported by an affidavit stating an adequate explanation for the lateness of the amendment.
Physical Examination
It is possible to ask why a doctor who doesn't know you or your medical history, and isn't familiar with the specifics of your incident, would be asked to conduct a medical exam. However, this kind of examination is actually required under Washington law, and could be beneficial in your case.
Typically, IMEs are conducted by doctors medical who are hired by the insurance company representing the defendant and their goal is to offer a different view of your injuries. These doctors, who are sometimes called "independent" are able to have their own goals and financial interests in reducing the amount of compensation which is given to victims of injuries.
Your Orange County personal injury attorney will ensure that you are aware of what to expect from an IME and will provide a copy to the doctor 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 doctors questions do not deviate from those in your medical records. It is important to avoid playing up or down the severity of your injuries to the doctors, since they are trained to spot fraud and could utilize this information against you in trial.