What is a Personal Injury Lawsuit?
If you've been injured due to another's actions or inactions, you could be able to recover compensation. To learn more about your rights under the law get in touch with a seasoned personal injury lawyer.
A personal injury lawsuit is civil dispute where the plaintiff seeks compensation for their loss. This includes medical expenses, 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 taken to force another person or entity to pay you for damages resulting from an accident. The plaintiff is the one who was injured and the defendants are the parties responsible. When someone dies as a result of the inattention or negligence of others the wrongful death case may be part of personal injury claims.
The damages a victim suffers are usually divided into two categories: compensatory and punitive. Compensatory damages are intended to help the victim get back on track for good, including out-of-pocket costs like medical bills as well as compensation for pain and suffering. Punitive damages, which are rare and are designed to punish the offender for committing extreme crimes.
The first category of damages is often called "economic damages." This is the term used to describe 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 may also include additional expenses, such as transportation costs to and from appointments or home modifications to accommodate a disability that is permanent.
Non-economic damages are often called "pain and suffering" damages. They are more difficult to quantify and include the mental and emotional stress, anguish and suffering that an accident can cause. Baltimore injury lawsuits youtube.com can help you evaluate these damages based upon the severity of your injuries. This could be based on your capacity to enjoy activities you previously enjoyed or your loss of consortium with family members.
Statute of limitations
Under a legal rule called the statute of limitations, any person who suffers an injury in an accident must bring a lawsuit within a specific time period or else their claim will be rejected by the courts. This is to safeguard evidence from being lost or lost in the shuffle and to prevent people from dragging out incident-related litigation indefinitely.
The time frame for filing a claim differs from one state another, but the majority of personal injury lawsuits have a limit of two to four years. There are some exceptions to the time limit for filing an injury claim. If you need help in determining whether your case is one of these exceptions, it is recommended that you seek legal advice.
The statute of limitations is only applicable to lawsuits filed in the court. Many cases of injury are resolved through the insurance claim process and do not require formal lawsuit filing. It is still essential to allow yourself sufficient time to bring a lawsuit in the event that insurance negotiations do not go as planned or if there is a problem 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 considered on a case-by case basis. The statute of limitations might not be established until the victim discovers or should have known that the injury was caused by someone else's negligence. In some states, such as New York, it is different for claims that are made against municipalities.
Complaint
A personal injury lawsuit is brought by a victim against the person who caused the injury. It asserts that the defendant violated their duty of care, and that the breach caused loss and harm to the plaintiff. The defendant is held accountable for the losses.
The complaint is the first document that is filed in a personal injury lawsuit. It provides detailed details about the incident that led to your injuries, as well as the damages you are seeking. It also contains an "prayer for relief" that outlines what you want the court to do. The summons and complaint must be delivered to the defendant.
After the complaint is filed, the defendant has to file an answer to the complaint within a specified timeframe, and must either accept or deny the allegations in the complaint. The defendant may also file a counterclaim or add another defendant to the case as third party defendant.
A successful personal injury lawsuit is based on solid evidence such as medical records and testimony from witnesses. We work closely with our clients to ensure that all relevant information is gathered and included in the case. The evidence will also help us negotiate with the attorney of the defendant or insurance representatives to get the most favorable settlement offer.
Preliminary Conference
In a personal injury case the attorney for you must prove that the defendant's negligence caused your accident. You must be able to prove that you sustained injuries due to your accident and that the injuries you sustained are worthy of financial compensation.
It can be a lengthy process, but the trial is when you can finally determine whether you'll be awarded the damages you deserve. In a trial before a jury your lawyer will argue for the defendant's responsibility and they will argue that they have to compensate you for your losses. The defendant will argue that their actions are not related to the accident, which will keep them from having to reimburse you for your losses.
You must attend a pre-trial meeting 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 the time when your attorney will discuss the matter with the defense.
Preliminary conferences are usually conducted by a judicial registrar, or an individual from the court's staff. All participants must attend the preliminary conference in person unless the case is handled under the New York's Differentiated Case Management Rule or the Rules are exempted in other ways. If, however, a person is unable to attend in person, they may participate via telephone or on the internet with the approval of the convenor. If your case is going to be part of the Differentiated Case Management program, the preliminary conference will provide an opportunity to determine whether your case falls under one of the three categories which are expedited, standard or complex.
Bill of Particulars
When a summons and complaint are filed, the defendants identified in the lawsuit are given either twenty or thirty days in which to file an Answer (although this time frame can be extended with the court's permission). Once the Answer has been filed, the case is moved into the discovery phase. During this stage both parties exchange information through written demands for discovery and depositions.
The lawyer of the plaintiff drafts the Bill of Particulars at the end of the discovery. This document provides the legal claims being made as well as the relief requested - typically 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.
The court must examine a Bill of Particulars before it can be complied with. In general, a court will only accept the Bill of Particulars if it is not vague or broad. A Bill of Particulars must only include the specific acts of negligence that are being asserted and not include any new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ), for example, was a case where the court concluded that the plaintiff was not negligent. 1994), the court sustained the motion to strike references to intentional and willful actions from a medical malpractice claim.
The court will not allow a new theory to be introduced at a point in the action that is unreasonably late. In order to avoid resultant adverse consequences, a late amendment to the Bill of Particulars should only be permitted if supported by an affidavit that provides an acceptable explanation for the delay in the amendment.
Physical Exam
If a defense attorney or insurance company demands that you attend an Independent Medical Examination (IME), your natural first instinct could be to wonder why a doctor who does not know you and your medical history and the particulars of your incident is required to conduct an examination. This type of examination is required under Washington law, can be beneficial to your case.
IMEs are typically conducted by doctors hired by the defendant’s insurance company. Their aim is to provide an alternative view of your injuries. These doctors, who are often referred to as "independent" and have their own goals and financial interests in reducing the amount of compensation which is paid to victims.
If you decide to undergo an IME the Orange County personal injury lawyer will make sure that you are fully informed about what to expect and provide the complete set of medical records for the doctor to examine. Your lawyer will also be present at the IME and will ensure that you are being treated fairly by ensuring that the questions of the doctor do not diverge from the ones you have in your medical records. You should not downplay or exaggerate the severity of your injuries to the doctors. They are trained to spot fraud, and may utilize this information in court.