What is a Personal Injury Lawsuit?
You may be entitled to compensation if have been injured due to the actions or inactions of a third party. To find out more about your rights under the law to pursue compensation, consult a knowledgeable personal injury lawyer.
A personal injury lawsuit is a civil dispute where the plaintiff is seeking compensation for their losses, including medical expenses, lost wages, damages to property and other expenses. The process can take anywhere from a few months to several years.
Damages
A personal injury lawsuit is a legal action that is taken to force another person or entity to pay you for the damages that result from an accident. The plaintiff is the injured party and the defendants are the ones accountable. Bryan injury lawsuits may include wrongful death claims when someone dies because of the inattention or negligence of others.
A victim's damages are typically broken down into two groups that 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 as well as compensation for suffering and pain. Punitive damages are rare and designed to punish the wrongdoer for extreme conduct.
This category includes all expenses caused by the accident or injury. These could include hospital bills medical expenses, doctor's charges and physical therapy costs. In some instances other expenses such as the cost of travel to and from appointments or modifications made to your home due to permanent disabilities could be included in an insurance claim.
Non-economic damage can also be called "pain and suffer" damages. These damages are difficult to quantify and include the emotional stress and mental anguish that accidents can cause. Depending on the extent of your injuries, your lawyer will help you estimate the value of the damages. This may be based on your capacity to perform the activities you used to or your loss of consortium with family.
Statute of Limitations
Under a legal rule called the statute of limitations, anyone who is injured in an accident must make a claim within a certain time frame or the claim will be dismissed by the courts. This is to prevent evidence from being lost or forgotten and to prevent people from dragging out incident-related litigation indefinitely.
The exact time limit varies from one state to another, but the majority of personal injury lawsuits have a time limit of two to four years. However, there are exceptions that can extend the amount of time a victim has to file their claim and they should seek legal advice for help to determine whether or not their case falls into one of these exceptions.
One of the most important aspects of the statute of limitations is that it applies only to the filing of an action in a court. A majority of injuries cases are resolved through the process of filing an insurance claim and do not require formal lawsuit filing. However, it is important to leave yourself enough time to file a lawsuit in the event that negotiations don't go as planned or an issue arises that can't be easily addressed through the insurance system.
Certain circumstances can stop the clock on the statute of limitations however, these situations are extremely rare and need to be analyzed on an individual case-by-case basis. For instance, the statute of limitations may not start running until the victim discovers or ought to have realized that their injury was caused by a negligent actions, and in certain states, like New York, the statute of limitations is different for claims against municipalities.
Complaint
A personal injury lawsuit is a civil suit initiated by a victim against the person or entity that caused the injury. It alleges that the defendant breached a duty of care, and that this breach caused harm and loss 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 includes specific allegations concerning the incident that caused your injuries and the damages you seek. The complaint also contains a "prayer for relief" that outlines what you want the court to do. The complaint must be served on the defendant, along with a summons which is a notification that they are being sued.
After the complaint is filed, the defendant must respond to the complaint within a specified timeframe, and may either deny or admit the allegations made in the complaint. The defendant may also file a counterclaim, or add another defendant to the case as a third party defendant.
A successful personal injury lawsuit is built on solid evidence, including medical records and witness testimony. We work closely together with our clients to gather all relevant information and then include it in the case. The evidence can also help us negotiate with the defendant's attorneys or insurance companies to negotiate the best settlement possible.
Preliminary Conference
In a personal-injury case, your lawyer must prove that negligence on the part of the defendant caused your accident. You must also prove that you were injured in the accident and that the injuries are worth an amount of money.
It can be a lengthy process, but it's at the trial that you will find out if you get the compensation you deserve. In the case of a trial before a jury the 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 prevents them from having to pay you for your losses.
You must attend a pre-trial discussion before proceeding with the trial. This is the first time that your case will be subject to deadlines imposed by a judge. It is also the time where your attorney will discuss the case with the defense.
A judicial registrar, or an official of the court staff typically holds preliminary conferences. All parties must attend the preliminary conference in person unless the case has been handled under New York's Differentiated Case Management Rule or the Rules are exempted in other ways. If a party cannot attend in person, they may participate via phone or internet with the approval of the convenor. If your case is part of the Differentiated Case Management Program, the initial meeting provides an opportunity to determine whether your case falls into 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 be given between twenty and thirty days (although this timeframe can be extended by the court). Once the Answer is filed, the case enters what is known as the discovery phase. In this phase the parties exchange information through written demands for discovery and depositions.
After the discovery process is concluded The attorney for the plaintiff prepares what is known as a Bill of Particulars. The document is a legal declaration of claims 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 they can prepare effectively for trial.
Before a Bill of Particulars can be followed, it has to be reviewed by the court. Generally speaking, the court will only comply with a Bill of Particulars that is not vague or overly broad. A Bill of Particulars should be limited to the specific acts of negligence asserted and should not include new claims. For example in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. In 1994, the court affirmed the motion to strike all the reference to willful or deliberate acts in a medical negligence case.
The court will also not allow a new doctrine to be introduced at a point in the case that is unreasonably late. To avoid causing prejudice any late amendment to a Bill of Particulars must be supported by an affidavit that gives a reasonable explanation of the tardiness of the amendment.
Physical Examination
It is possible to ask the reason why a doctor, who isn't familiar with you or your medical history and is unfamiliar with the details of your accident, should be asked to conduct a medical exam. This type of examination is required by Washington law, can be beneficial to your case.
Typically, IMEs are conducted by medical doctors who are employed by the insurance company of the defendant and their aim is to provide a different perspective on your injuries. While they are sometimes described as "independent," these physicians - just like the insurance companies have their own agendas and financial motives in reducing the amount of compensation that can be granted to a victim who has been injured.
Your Orange County personal injury attorney will make sure you know what you can expect from an IME and will provide the doctor with a copy of all pertinent medical records. Your lawyer will be present during the IME to ensure that the questions posed by the doctor are in accordance with your medical records. It is crucial to not play with the extent of your injuries with the doctors, since they are trained to recognize dishonesty and may make use of this information against you in trial.