What is a Personal Injury Lawsuit?
If you have been injured through the actions or inactions, you may be eligible for compensation. Contact a seasoned personal injury lawyer to find out more about your rights.
A personal injury lawsuit is a civil matter in which the plaintiff seeks compensation for their losses, such as medical expenses, lost wages, property damage and other expenses. The process can take anywhere from several months to several years.
Damages
A personal injury lawsuit is a legal proceeding which is filed to compel another person, or entity to pay you for the damages that result from an accident. The plaintiff is the victim and the defendants are the parties responsible. Personal injury cases may include cases of wrongful death when someone dies due to inattention or negligence of others.
Damages are typically classified 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 such as medical bills and compensation for pain and suffering. Punitive damages are rare and are designed to punish the perpetrator for their extreme behavior.
This category covers all expenses that result from the injury or accident. These might include doctor's bills, hospital costs and physical therapy costs. In some instances other expenses such as the cost of traveling to and from appointments, or changes to your home due to permanent disabilities can also be included in the claim.
Non-economic losses are often called "pain and suffering" damages. They are more difficult to quantify and include the mental and emotional stress, anxiety and suffering that an accident can cause. Depending on the severity of your injuries your lawyer will assist you to determine the value of the damages. This could be based on the ability to carry out the things you were previously able to do or your loss of consortium with family.
Statute of Limitations
A legal principle known as the statute of limitations requires that anyone who is injured in an accident must file an action within a specified date or else their claim will be dismissed. This is to stop evidence from being forgotten or lost, and to prevent people from dragging incident-related litigation out for a long time.
The exact duration of the time limit varies from one state to another, but the majority of personal injury claims have a time limit of between two and four years. There are some exceptions to the time period for filing an injury claim. If you need help determining if your case falls under one of these exceptions, it is recommended that you seek legal advice.
The statute of limitations is only applicable to lawsuits that are filed in court. Insurance claims are usually used to resolve injuries and do not require formal lawsuits. However, it is important to leave yourself plenty of time to take legal action in the event that negotiations don't follow the plan or an issue arises that cannot be resolved through the insurance system.
Certain circumstances can stop the clock on the statute of limitations, however they are rare and need to be evaluated on a case by case basis. For example the statute of limitations might not begin to run until a victim discovered or should have reasonably discovered that their injuries were caused by someone else's negligence, and 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 person who caused the injury. It asserts that the defendant breached their duty of care and this breach resulted in damage and losses for the plaintiff. The defendant is then held accountable for the losses.
The complaint is the first document 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" which outlines what you would like 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 has to submit an answer to the complaint within a certain time period, and they must either accept or deny the allegations in the complaint. The defendant can also bring a counterclaim against plaintiff or introduce another defendant as third-party defendant.
A successful personal injury lawsuit depends on solid evidence including 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 can also help us negotiate with the attorney for the defendant or insurance agents to obtain the best settlement offer 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 worthy of an amount of money.
This could be a long process, but the trial is when you can finally determine whether you'll get the damages you're entitled to. In a jury trial your lawyer will argue that the defendant is responsible and is required to compensate you for the losses you suffered. The defendant will provide evidence that their actions do not contribute to the accident, which prevents them from having to reimburse you for your losses.
Before proceeding to trial, you must attend a preliminaries conference. This is the first time that your case will be subject to deadlines imposed by a court. It is also the time where your lawyer will discuss the case with the defense.
Cape Coral injury lawsuit are usually conducted by a judicial registrar, or someone on the court's staff. Unless the case is handled by New York's Differentiated Case Management Rule, or otherwise exempted from the Rules All parties are required to be present in person. If a party cannot attend in person, they may participate via telephone or on the internet with the approval of the convenor. If your case is scheduled to be a part of the Differentiated Case Management program, the preliminary conference will be an opportunity to identify whether your case falls into one of the three categories - 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 time frame can be extended by the court). Once the Answer is filed, the matter moves into what is called the discovery phase. In this phase the parties exchange information in the form of written discovery demands and depositions.
After the discovery process is concluded, the plaintiff's attorney prepares what is called a Bill of Particulars. This document provides the legal claims being made as well as the relief sought - usually the award of damages in cash. The Bill of Particulars is intended to inform the defendant notice of the specific legal claims being made, so that they is able to effectively prepare for trial.
The court must review a Bill of Particulars before it is allowed to be enforced. In general, a court will only be able to abide by 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 alleged and not include any new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ) for instance was a case in which the court found that the plaintiff was not negligent. 1994), the court sustained the motion to strike references to willful and intentional acts from a medical malpractice claim.
In the same way, the court will not allow the introduction of a new theory of recovery at a disproportionately late stage in the litigation. In order to avoid resultant prejudice, a belated 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 Examination
When a defense attorney or insurance company demands that you take part in an Independent Medical Examination (IME) the first reaction might be to ask the reason why a doctor who does not know you, your medical history, and the details of your accident is being required to conduct an examination. This type of examination 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. Their aim is to offer a different perspective on your injuries. These physicians, who are sometimes called "independent" and have their own agendas and financial stakes in reducing the amount of compensation that is awarded to injured victims.
If you decide to go through an IME, your Orange County personal injury lawyer will ensure that you are aware of what to expect and will provide a copy of all relevant medical records for the doctor to review. Your lawyer will also be present at the IME and can ensure that you are being treated fairly by ensuring that the doctors questions do not deviate from the ones in your medical records. Do not underplay or exaggerate the severity of your injury to these doctors. They are trained to detect dishonesty, and could use this information at trial.