What is a Personal Injury Lawsuit?
You could be eligible for compensation if you have suffered injuries 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 action where the plaintiff is seeking money to compensate for their losses, such as medical bills, lost wages, property damage, and other costs. The process can take several months to a few years.
Damages
A personal injury lawsuit is a legal proceeding to compel a person or entity to pay you compensation for the damages resulting from an accident. The person who is injured is referred to as the plaintiff, while the parties accountable are known as defendants. Personal injury cases may include wrongful death claims when someone dies due to the negligence or wrongful actions of others.
A victim's damages are typically broken down into two groups which are: punitive and compensatory. Compensatory damages are meant to ensure that the victim is completely again, including out-of-pocket expenses such as medical bills and compensation for suffering and pain. Punitive damages are uncommon and are designed to punish the wrongdoer for extreme conduct.
The first category of damages is often known as "economic damages." This is the term used to describe the cost of out-of-pocket expenses incurred due to the accident or injury. These could include hospital bills as well as doctor's fees and therapy costs. Certain claims could also include additional costs, like transportation costs to and from appointments, or modifications to your home to accommodate a disability that is permanent.
Non-economic damages are often referred to as "pain and suffering" damages. These are more difficult to quantify and include the mental and emotional stress, suffering and anguish caused by accidents. Depending on the severity of your injuries, your lawyer will assist you to place a value on the damages. This could be based on your ability to participate in activities that you used to do or your loss of connection with family members.
Statute of Limitations
A legal principle known as the statute of limitation obliges anyone injured in an accident should file a lawsuit before a certain date or the claim will be dismissed. This is to protect evidence from being lost or forgotten, and to stop people from carrying out litigation related to an incident for a long time.
The exact duration of the time limit varies from one state to another, but most personal injury claims have a limit of two to four years. There are some exceptions to the time period for filing a claim. If you need assistance determining if your case is one of these exceptions, it is best to seek legal advice.
A key aspect of the statute of limitations is that it is only applicable to the filing of a lawsuit in a court. Billings injury attorneys are typically used to settle injury cases and do not require formal lawsuits. It is nevertheless important to give yourself enough time to bring a lawsuit in the event that insurance negotiations aren't as smooth as you had hoped, or if there is a problem that cannot be resolved with insurance.
Certain circumstances can stop the statute of limitations clock however, these situations are extremely rare and need to be considered on a case-by-case basis. The statute of limitation may not start until the person is aware or should have known that the injury resulted from someone else's negligence. In certain states, like New York, it is different for claims made against municipalities.
Complaint
A personal injury lawsuit is filed by a victim against the person who caused the injury. It claims that the defendant breached a duty of care, that the breach caused harm and losses to the plaintiff and that the defendant should be held accountable for the damages.
The first document you file with a personal injury lawsuit is referred to as the complaint, and it includes specific allegations regarding the incident that led to your injuries and outlines the damages you're seeking. The complaint also contains the "prayer of relief" which describes what you would like the court to do. The complaint and summons must be handed over to the defendant.
The defendant must respond to the complaint within certain deadlines and either admit or deny the allegations in the complaint. The defendant may also file a counterclaim or add a third party defendant to the case as third party defendant.
A successful personal injury lawsuit relies on solid evidence such as 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 have will also help us to negotiate with the defense lawyers or insurance agents to obtain the best settlement offer.
Preliminary Conference
In a personal-injury case the lawyer for you 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 your injuries are worthy of the amount of financial compensation.
It's a long procedure, but it's at the trial that you will find out if you receive the damages you deserve. In the trial before the jury, your lawyer will argue for the defendant's liability and that they must be held accountable for your losses. The defendant will present evidence that their actions do not contribute to the accident, which prevents them from having to compensate you for your losses.
Before you can proceed to trial, you must attend a preliminary conference. This is the first time that your case is subject to deadlines set by a judge. This is also when your lawyer will discuss the matter with the defense.
Preliminary meetings are usually held by a judicial register or someone on the court's staff. All parties must attend the initial conference in person unless the case has been handled under New York's Differentiated Case Management Rule or the Rules are otherwise exempted. If, however, a person cannot attend in person, they can participate via phone or internet, with the consent of the convenor. If your case is scheduled to be part of the Differentiated Case Management program, a preliminary conference will also provide an opportunity to determine whether your case falls into one of the three classifications which are expedited, standard or complex.
Bill of Particulars
After the complaint and summons have been filed, defendants named in the lawsuit will have twenty to thirty days (although this deadline may be extended by the court). Once the Answer is filed, the case is moved into what is called the discovery phase. During this phase, both parties exchange information via written discovery demands and depositions.
Following the conclusion of discovery, the plaintiff's attorney prepares what is called a Bill of Particulars. This document provides the legal claims being made and the relief sought - usually an award of money damages. The Bill of Particulars is meant to inform the defendant of the specific legal claims being made, so that they can prepare for trial.
The court must review a Bill of Particulars before it is able to be followed. 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 neglect that are being alleged, and not add any new claims. For instance in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. 1994) the court granted a motion to strike all references to intentional and willful acts from a medical malpractice claim.
The court will not allow the addition of a new theory of recovery at a disproportionately late stage in the litigation. To avoid prejudice, a belated amendment to the Bill of Particulars should only be allowed if accompanied by an affidavit that provides an adequate explanation for the lateness of the amendment.
Physical Examination
If a defense attorney, or an insurance company demands that you attend an Independent Medical Examination (IME) the first reaction could be to wonder the reason why a doctor who does not know you, your medical history, and the particulars of your accident is being asked to conduct an exam. But, this type of exam is actually required under Washington law, and it could be beneficial in your case.
Typically, IMEs are conducted by medical doctors who are employed by the insurance company of the defendant and aim to offer a different perspective to your injuries. These doctors, who are sometimes called "independent", have their own agendas and financial stakes in reducing the compensation that can be given to victims of injuries.
Your Orange County personal injury attorney will ensure that you are aware of what you can expect from an IME and will give the doctor with a copy of all relevant medical records. Your lawyer will be present during the IME to make sure that the questions asked by the doctor are in line with your medical records. It is not advisable to downplay or exaggerate the severity of your injury to the doctors. They are trained to detect fraudulent behavior, and can use this information at trial.