What is a Personal Injury Lawsuit?
If you've been injured due to another's actions or inactions, you could be entitled to compensation. Contact a knowledgeable personal injury lawyer to learn more about your rights.
A personal injury lawsuit is civil litigation in which the plaintiff seeks compensation for their losses. This includes medical expenses or lost wages, as well as property damage. The process can take anywhere from several months to several years.
Damages
A personal injury lawsuit is a legal process that is taken to force another person or entity, to pay you compensation for damages caused by an accident. The plaintiff is the victim and the defendants are responsible. Personal injury cases can also include wrongful death claims when someone dies because of the negligence or wrongful actions of others.
Damages are usually divided into two categories: punitive and compensatory. Burbank injury lawsuits are designed to make the victim whole and regain their financial security, which includes out-of-pocket expenses such as medical bills and compensation for pain and suffering. Punitive damages are uncommon and are intended to penalize the offender for extreme behavior.
This category covers all expenses incurred as a result of the accident or injury. This could include doctor's fees, hospital costs and physical therapy costs. In some cases, additional expenses like the cost of travelling to and from appointments, or changes to your home for permanent disabilities can be included in the claim.
Non-economic losses are often referred to as "pain and suffering" damages. They are more difficult to quantify and include the emotional distress, mental anxiety and suffering that an accident can cause. Your lawyer will assist you to determine the value of these damages based on the extent of your injury. This could be based on the ability to enjoy activities you used to do or your loss of connection with family members.
Statute of limitations
A legal requirement known as the statute of limitation stipulates that anyone injured in an accident must file an action before a specific date or else their claim will be dismissed. This is done to stop evidence from being lost or lost, and to prevent individuals from dragging litigation relating to incidents out indefinitely.
The exact time frame varies from state to state, but personal injury claims typically have a two- to four-year limit. There are certain exceptions to the limit for filing a claim. If you need help to determine if your claim falls under one of these exceptions, then it is recommended that you seek legal advice.
One of the main facets of the statute of limitations is that it only applies to the filing of an action in a court. Many cases of injury are resolved through the process of claiming insurance and do not require a formal lawsuit filing. Even so, it is important to leave yourself plenty of time to take legal action in the event that negotiations fail to take place as planned or if an issue arises that can't be resolved through the insurance system.
Certain circumstances may stop the statute of limitations clock, but these instances are very rare and have to be considered on an individual basis. For instance, the statute of limitations might not begin to run until a victim has discovered or should have reasonably discovered that their injury was caused by another person's negligent actions, and in certain states, such as New York, the statute of limitations is different for claims against municipalities.
Complaint
A personal injury lawsuit is filed by a victim against the person who caused the injury. It alleges that the defendant violated the duty of care, and that this breach caused harm and losses to the plaintiff, and that the defendant should be held accountable for the damages.
The complaint is the first document that you file in a personal injury lawsuit. It includes specific allegations concerning the incident that led to your injuries, as well as the damages you want. The complaint also contains an "prayer of relief" that outlines what you would like the court to do. The complaint must be served to the defendant with a summons which is a notification that they are being sued.
The defendant must respond to the complaint within certain deadlines and either admit or deny all the allegations in the complaint. The defendant may also file a counterclaim or add a third party 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 with our clients to gather all relevant information and include it in the case. The evidence can also help us negotiate with the attorney of the defendant or insurance agents to obtain the best settlement possible.
Preliminary Conference
In a personal-injury case the lawyer for you must prove that negligence on the part of the defendant led to your accident. You must be able to prove that you sustained injuries as a result of your accident, and that your injuries are a valid reason for financial compensation.
This can be a long process, but the trial is where you'll be able to decide if you'll get the damages you deserve. In a jury trial your lawyer will argue that the defendant is responsible and must pay you for the losses you suffered. The defendant will present evidence that their actions are unrelated to the accident, which will keep them from having to pay you for your losses.
You must attend a pre-trial discussion before you can proceed with the trial. This is typically the first time your case will be subject to deadlines set by the Court itself. It is also the time where your attorney will discuss the case with the defense.
Preliminary conferences are typically conducted by a judicial registrar, or a member of the court's staff. Unless the case is being handled in accordance with the New York's Differentiated Case Management Rule, or is otherwise exempt from the Rules All parties are required to be present in person. If a party cannot attend in person, they are able to participate via telephone or on the internet, with the consent of the convenor. If your case is going to be 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 that are expedited, standard, or complex.
Bill of Particulars
When a summons and complaint are filed, the defendants who are named in the lawsuit have the option of having twenty or thirty days to respond (although this deadline may be extended with the court's permission). When the Answer is filed, the case moves into what is called the discovery phase. In this phase both sides exchange information in the form of written demand for discovery and depositions.
The plaintiff's lawyer prepares a Bill of Particulars at the conclusion of the discovery. The document details the legal claims being made and the relief sought, usually the award of damages in cash. The Bill of Particulars is intended to put the defendant on notice of the specific legal claims being made so that he or she is able to effectively prepare for trial.
Before a Bill of Particulars can be accepted, it must be examined by the court. In general, a court will only accept the Bill of Particulars if it isn't vague or overly broad. A Bill of Particulars must only include the specific acts of neglect that are being alleged, and not add any new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ) for instance was a case where the court concluded that the plaintiff was not negligent. In 1994, the court upheld the motion to strike all the reference to willful or deliberate actions in a medical malpractice case.
The court will not allow the introduction of a new doctrine of recovery at a disproportionately late point in the action. To avoid causing prejudice a late amendment to the Bill of Particulars must be supported by an affidavit which gives a reasonable explanation of the delay of this amendment.
Physical Examination
When a defense attorney or insurance company requests that you take part in an Independent Medical Examination (IME) the first reaction could be to wonder the reason why a doctor who does not know you or your medical history and the details of your accident is being required to conduct an examination. This type of examination, which is required by Washington law, could be beneficial to your case.
IMEs are typically conducted by doctors employed by the insurer of the defendant. Their goal is to provide an alternative perspective on your injuries. Although they are sometimes described as "independent," these physicians, just like insurance companies have their own agendas and financial interest in decreasing the amount of compensation that can be granted to a victim who has been injured.
Your Orange County personal injury attorney will ensure that you are aware of what to expect from an IME and will give an IME doctor with a copy of all pertinent medical records. Your lawyer will also be present at the IME and can ensure that you are examined with respect and courtesy by ensuring that doctors ' questions aren't divergent from the ones in your medical records. It is crucial to not play around with the severity of your injuries to the doctors, since they are trained to spot fraud and could use this information against you in trial.
