Enough Already! 15 Things About Injury Lawsuit We're Overheard
What is a Personal Injury Lawsuit?
You could be eligible for compensation if you have been injured due to the actions or inactions of someone else. Contact an experienced personal injury lawyer to learn more about your rights.
A personal injury lawsuit is a civil dispute in which the plaintiff seeks money to compensate for their losses, including medical bills, lost wages property damage and other expenses. The process can take anywhere between a few months and several years.
Damages
A personal injury lawsuit is a legal proceeding that is used to force another individual or entity, to pay you compensation for damages caused by an accident. The plaintiff is the victim and the defendants are the parties responsible. Personal injury cases may include the wrongful death of a person who dies because of the inattention or negligence of others.
Damages are usually classified into two categories: compensatory and punitive. Compensatory damages include medical bills as well as pain and loss compensation, and other out of pocket expenses. Punitive damages, which are rare and are designed to punish the wrongdoer when they have committed a number of extreme actions.
The first type of damages is typically known as "economic damages." This covers any out-of-pocket costs resulting from the accident or injury. Glendale injury lawsuit might include doctor's bills, hospital costs and physical therapy costs. In certain cases, additional expenses like the cost of travelling to and from appointments, or changes to your home due to permanent disabilities may also be included in the claim.
Non-economic damages can also be called "pain and suffer" damages. These are more difficult to quantify and involve the mental and emotional stress, suffering and anguish caused by accidents. Depending on the extent of your injuries, your lawyer can help you place a value on these damages. This might be based on your ability to enjoy activities you were previously able to enjoy or your loss of consortium with family members.
Statute of limitations
A legal rule known as the statute of limitation requires that anyone who is injured in an accident should file a lawsuit before a certain date or else the claim will be dismissed. This is to safeguard evidence from being lost or forgotten and to stop people from carrying out litigation related to an incident for a long time.
The time frame for filing a claim varies from one state to another, but the majority of personal injury claims have a time frame of between two and four years. There are certain exceptions to the period for filing an injury claim. If you require assistance determining if your case is one of these exceptions, it is recommended that you seek legal advice.
The statute of limitations applies only to lawsuits that are filed in the court. Insurance claims are usually used to resolve injuries and do not require formal lawsuits. It is nevertheless important to give yourself enough time to file a lawsuit in the event that insurance negotiations don't go as planned, 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 not common and have to be evaluated on a case-by case basis. For example the statute of limitations may not start running until the victim discovers or should have reasonably discovered that their injury was caused by a negligent actions. In certain states, such as 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 breached the duty of care, and that the breach caused harm and losses to the plaintiff, and that the defendant is accountable for the losses.
The first document filed in a personal injury lawsuit is known as the complaint, and it contains specific details about the incident that led to your injuries. It also outlines the damages you are seeking. The complaint also contains the "prayer for relief" which outlines what you want the court to do. The summons and complaint should be given to the defendant.
After the complaint is filed, the defendant must file an answer to the complaint within a specified time period, and they must either accept or deny the allegations made in the complaint. The defendant can also file a counterclaim, or add another defendant to the case by naming third party defendant.
A successful personal injury lawsuit is built on solid evidence, including medical records and witness testimony. We work closely with our clients to ensure that all relevant information is collected and included in the case. The evidence can also help us negotiate with the attorney for the defendant or insurance representatives to get the best settlement offer possible.
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 the injuries are worthy of an amount of money.
It's a long process, but it's at the trial that you'll find out if you get the compensation you deserve. In a jury trial your lawyer will argue that the defendant is responsible and must pay you for your losses. The defendant will provide evidence that their actions are unrelated to the accident, which prevents them from having to compensate you for your losses.
You must attend a pre-trial discussion prior to proceeding with the trial. This is typically the first time that your case will be subject to deadlines established by the Court itself. This is also when your attorney will be discussing the issue with the defense.
A judicial registrar, or an individual of the court's staff, typically conducts preliminary conferences. All parties must attend the preliminary conference in person unless the case is handled in accordance with New York's Differentiated Case Management Rule or the Rules are otherwise exempted. If a person is unable to attend in person, the convenor can permit them to attend via phone or online. If your case is scheduled to be a part of the Differentiated Case Management program, an initial conference can provide an opportunity to determine whether your case falls under one of the three categories which are expedited, standard or complex.
Bill of Particulars
After the complaint and summons have been filed, defendants named in the lawsuit will be given between twenty and thirty days (although this timeframe can be extended by the court). Once the Answer is filed, the case moves into what is known as the discovery phase. In this period both sides exchange information in the form of written discovery demands and depositions.
The lawyer for the plaintiff prepares a Bill of Particulars at the conclusion of the discovery. This document outlines the legal claims that are being made and the relief sought, usually an award of money damages. The Bill of Particulars is intended to inform the defendant notice of the specific legal claims being filed so that he or she can effectively prepare for trial.
The court must look over a Bill of Particulars before it can be complied with. In general, courts will only comply with a Bill of Particulars that is not vague or broad. A Bill of Particulars must only include the specific acts of negligence that are being claimed and must not include new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ) for instance, was a case where the court ruled that the plaintiff was not negligent. In 1994, the court affirmed the motion to strike out references to intentional or willful acts in a medical negligence case.
The court will not allow a new doctrine to be introduced at a point in the action that is unreasonable late. To avoid causing prejudice any late amendment to the Bill of Particulars must be supported by an affidavit that gives a reasonable explanation of the lateness of this amendment.
Physical Exam
It is possible to ask why a doctor who doesn't know you, or your medical history and is unfamiliar with the specifics of your accident, would be asked to conduct a medical examination. This type of examination is required under Washington law, could be beneficial to your case.
IMEs are typically conducted by doctors employed by the insurance company of the defendant. Their aim is to provide an alternative perspective on your injuries. These doctors, sometimes referred to as "independent" are able to have their own goals and financial interests in reducing the compensation that is given to victims of injuries.
Your Orange County personal injury attorney will ensure that you understand what to expect from an IME and will provide the doctor with a copy of the relevant medical records. Your lawyer will also be present at the IME and will ensure that you are being examined in a fair manner by ensuring that the doctors ' questions aren't divergent from the ones in your medical records. You should not downplay or exaggerate the severity of your injuries to the doctors. They are trained to detect fraud, and may use this information at trial.