What is a Personal Injury Lawsuit? If you've been injured through the actions or inactions, you may be entitled to compensation. Contact an experienced personal injury lawyer to learn more about your rights. A personal injury lawsuit is civil litigant where the plaintiff seeks compensation for their loss. This includes medical bills, lost wages and property damage. The process can take several months to several years. Damages A personal injury lawsuit is a legal proceeding that is taken 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 accountable. If someone dies as the result of negligence or wrongdoing by others In wrongful deaths, the case can be included in personal injury lawsuits. The damages a victim suffers are usually divided into two categories which are: punitive and compensatory. Compensatory damages are meant to help the victim get back on track again, including out-of-pocket expenses like medical bills and compensation for suffering and pain. Punitive damages are not common and are intended to penalize the perpetrator for their extreme behavior. The first type of damages is typically called economic damages. This includes any out-of-pocket costs resulting from the accident and injuries. This could include hospital bills, doctor's fees and physical therapy costs. Some claims could also cover additional costs, like travel costs to and from appointments, or home modifications to accommodate a disability that is permanent. Non-economic damages are commonly referred to as pain and suffering damages. They are more difficult to quantify and are a result of the mental and emotional stress, suffering and anguish that an accident can cause. Your lawyer can help you evaluate these damages based upon the severity of your injuries. This could be based on your 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 suffers injury as a result of an accident must file a lawsuit within a certain time frame or their claim will be dismissed by the courts. This is to safeguard evidence from being lost or forgotten and to prevent people from dragging out litigation relating to incidents for an indefinite period. The exact duration of the time limit varies from one state to another, but the majority of personal injury claims have a limit of between two and four years. There are some exceptions to the time period for filing a claim. If you need assistance to determine if your claim falls within one of these exceptions, it is recommended to seek legal advice. 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. Many cases of injury are resolved through the process of claiming insurance and do not require a formal lawsuit filing. It is nevertheless important to allow 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 occurs that cannot be resolved with insurance. Some circumstances can pause the clock on the statute of limitations, but they are rare and need to be considered on a case by case basis. The statute of limitations may not start until the person realizes or should have realized that the injury was caused by someone else's negligence. In certain states, like New York, it is different for claims against municipalities. Complaint A personal injury lawsuit is brought by the victim against the party who caused the injury. It claims that the defendant breached the duty of care, that this breach caused harm and losses to the plaintiff and that the defendant is liable for those damages. The complaint is the primary document filed in a personal injury lawsuit. It contains detailed allegations about the incident that led to your injuries as well as the damages you seek. The complaint also contains the prayer of relief which describes what you want the court to do. The complaint must be served to the defendant with a summons, which is a notice that they are being sued. After the complaint is filed, the defendant is required to submit an answer to the complaint within a specific time period, and they must either accept or deny the allegations made in the complaint. The defendant can also make a counterclaim against the plaintiff or bring in 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 ensure that all relevant information is collected and included in the case. The evidence we collect will also help us to negotiate with defense attorneys or insurance agents to get the best possible settlement offer. Preliminary Conference In a personal injury case your lawyer must demonstrate that the negligence of the defendant caused your accident. You must also prove you were injured in the accident and that these injuries are worthy of an amount of money. This could be a long process, but the trial is when you can finally determine whether you'll be awarded the damages you're entitled to. In a trial before the jury the lawyer will argue the defendant's responsibility and they will argue that they have to be held accountable for your losses. The defendant will provide evidence that their actions are unrelated to the accident, which will keep them from having to reimburse you for your losses. You must attend a pre-trial discussion prior to proceeding with the trial. This is usually the first time your case will have deadlines established by the Court itself. It is also the time where your attorney will discuss the case with the defense. Preliminary conferences are typically conducted by a judicial register or someone on the court's staff. If the case is handled in accordance with the New York's Differentiated Case Management Rule, or is otherwise exempt from the Rules the participants are required to attend in person. If a party is not able to attend in person, the convenor can permit them to participate via phone or via the internet. If your case is part of the Differentiated Case Management Program, a preliminary meeting is also an opportunity to determine whether your case falls under one of three categories namely advanced standard or complex. Bill of Particulars After a complaint and summons are filed, the defendant parties who are named in the lawsuit have the option of having twenty or thirty days to respond (although this deadline can be extended if the court gives consent). Once the Answer is filed, the case enters what is called the discovery phase. In this period, both sides exchange information in the form of written discovery demands and depositions. The lawyer of the plaintiff drafts the Bill of Particulars at the end of discovery. The document details the legal claims that are being made and 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 can effectively prepare for trial. Before a Bill of Particulars can be accepted, it must be examined by the court. Generally speaking, the court will only accept a Bill of Particulars that is not vague or broad. A Bill of Particulars should be limited to the specific acts of negligence asserted and should not include new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ), for example, was a case where the court concluded that the plaintiff had not been negligent. 1994), the court sustained the motion to strike references to willful and intentional actions from a medical malpractice claim. The court will not permit a new theory to be added at a stage in the litigation that is unreasonable late. To avoid negative consequences, an amendment made late to the Bill of Particulars should only be permitted if supported by an affidavit that provides a reasonable excuse for the delay in the amendment. accident injury lawyers If a defense attorney, or an insurance company demands that you attend an Independent Medical Examination (IME) Your first reaction might be to ask why a doctor who does not know you, your medical history, and the details of your incident is required to conduct an examination. This type of examination, which is required by Washington law, can be beneficial to your case. IMEs are typically conducted by doctors hired by the insurance company of the defendant. They are there to provide an alternative perspective on your injuries. These doctors, sometimes called independent, have their own goals and financial interests in reducing the amount of compensation which is awarded to injured victims. Your Orange County personal injury attorney will make sure you know what to expect from an IME and will give a copy to the doctor of the relevant medical records. Your lawyer will also be present at the IME and can ensure that you are examined in a fair manner by ensuring that the questions of the doctor do not diverge from the ones you have in your medical records. It is not advisable to downplay or exaggerate the severity of your injury to these doctors. They are trained to detect fraudulent behavior, and can use this information at trial.
accident injury lawyers
