9 Lessons Your Parents Teach You About Injury Lawsuit
What is a Personal Injury Lawsuit?
You could be eligible for compensation if you were injured as a result of the actions or inactions of a third party. Contact an experienced personal injury lawyer to find out more about your rights.
A personal injury lawsuit is a civil dispute where the plaintiff is seeking compensation for their losses, such as medical expenses, lost wages, property damage, and other costs. The process can last from a few months to a few years.
Damages
A personal injury lawsuit is a legal process that is taken to compel another person, or entity to pay you for damages resulting from an accident. The plaintiff is the victim, and the defendants are the parties accountable. Personal injury cases may include wrongful death claims when someone dies due to the inattention or negligence of others.
Damages are usually divided into two categories: compensatory and punitive. Compensation damages are based on medical bills as well as pain and suffering compensation, and other out of pocket expenses. Punitive damages are not common and designed to punish the offender for extreme behavior.
This category covers all expenses caused by the accident or injury. These may include hospital expenses as well as doctor's fees and therapy costs. In some cases additional expenses, such as the cost of traveling to and from appointments or changes to your home to accommodate permanent disabilities could also be included in a claim.
Non-economic damages are commonly referred to as "pain and suffering" damages. These are more difficult to quantify and involve the mental and emotional stress, suffering and anguish that accidents can cause. Your lawyer will help you determine the value of these damages based on the extent of your injury. This might be based on your capacity to enjoy activities you previously enjoyed or your loss of connection with family members.
Statute of limitations
Under a legal rule called the statute of limitations, any person who is injured in an accident must make a claim within a specific time period or the claim will be dismissed by the courts. This is to stop evidence from being lost or lost, and to prevent individuals from dragging litigation relating to incidents out for a long time.
The time frame for filing a claim is different from one state to another, but the majority of personal injury lawsuits have a limit of between two and four years. However there are exceptions that can extend the amount of time that a victim must make a claim, and they should seek legal advice for assistance in to determine if their case falls into one of the exceptions.
The statute of limitations is only applicable to lawsuits filed in court. Many cases of injury are resolved through the process of claiming insurance and do not require formal lawsuit filing. Even so, Newton injury lawyer You Tube is important to allow yourself enough time to file a lawsuit in the event that negotiations do not follow the plan or an issue arises that cannot be addressed by the insurance system.
Certain circumstances can stop the statute of limitations clock however, these situations are rare and generally need to be analyzed on an individual case-by-case basis. For example the statute of limitations may not start to run until a victim has discovered or should have reasonably discovered that their injuries were caused by someone else's negligence, and in certain states, like New York, the statute of limitations is different for claims against municipalities.
Complaint
A personal injury lawsuit is brought by a victim against the person who caused the injury. It claims that the defendant breached the duty of care, that the breach caused harm and loss to the plaintiff, and that the defendant is liable for those damages.
The first document you file with a personal injury lawsuit is called the complaint, and it contains specific details about the incident that led to your injuries and outlines the damages you seek. The complaint also contains the "prayer of relief" which outlines what you would like the court to do. The complaint must be served to the defendant with a summons that is a notice that they are being sued.
After the complaint is filed, the defendant must file an answer to the complaint within a specified time period, and they will either admit or deny the allegations in the complaint. The defendant may also make a counterclaim against the plaintiff or introduce another defendant as third-party defendant.
A successful personal injury lawsuit is based on solid evidence, such as medical documents and witness testimony. We work closely with our clients to ensure that all relevant information is gathered and included in the case. The evidence we have will also help us to negotiate with defendants' lawyers or insurance agents to obtain the best settlement offer.
Preliminary Conference
In a personal injury case, your attorney must prove that the defendant's negligence caused your accident. You must also prove you were injured in the accident and that these injuries are worthy of the amount of financial compensation.
This could be a long process however, the trial is when you will be able to determine if you'll get the damages you deserve. In a jury trial your lawyer will argue that the defendant is accountable and has to pay for the losses you suffered. The defendant will provide evidence to prove that their actions were not related to the accident. This will stop them from settling your losses.
Before proceeding to trial you must attend a preliminary conference. This is the first time your case will be subject to deadlines imposed by a judge. This is also when your attorney will discuss the case with the defense.
Preliminary conferences are usually conducted by a judicial register or an individual from the court's staff. All parties must attend the initial conference in person unless the case has been handled by the New York's Differentiated Case Management Rule or the Rules are exempted in other ways. If a party is not able to attend in person, the convenor is able to allow them to participate by phone or via the internet. If your case is to be a part of the Differentiated Case Management program, an initial conference can be a chance to determine whether your case falls under one of the three categories - expedited, standard or complex.
Bill of Particulars
After a summons or complaint are filed, the defendant parties who are named in the lawsuit have the option of having twenty or thirty days to file an Answer (although this deadline may be extended with the court's consent). Once the Answer is filed, the case moves into what is called the discovery phase. In this phase both parties exchange information via written discovery demands and depositions.
The plaintiff's lawyer prepares the Bill of Particulars at the conclusion of the discovery. The document is a legal declaration of claims and the relief sought - typically 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 the Bill of Particulars before it is allowed to be enforced. Generally speaking, the court will only comply with a Bill of Particulars that is not overbroad or vague. A Bill of Particulars should be limited to the specific acts of negligence being claimed and should not contain new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ), for example, was a case where the court ruled that the plaintiff was not negligent. 1994) the court granted a motion to strike all references to intentional and willful acts from a medical malpractice claim.
In the same way, the court will not allow addition of a new theory of recovery at a disproportionately late point in the action. To avoid causing prejudice, an amendment made late 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 why a doctor, who isn't familiar with you or your medical history, and isn't familiar with the specifics of your accident, should be required to conduct a medical exam. This type of exam, which is required by Washington law, can be beneficial to your case.
Typically, IMEs are conducted by medical doctors who are employed by the defendant's insurance company and aim to provide a different perspective to your injuries. While they are sometimes called "independent," these physicians as well as insurance companies - have their own agenda and financial motives in cutting down on the amount of compensation that can be awarded to an injured victim.
If you choose to undergo an IME, your Orange County personal injury lawyer will make sure that you are aware of what to expect. They will provide copies of all relevant medical records to the doctor to review. Your lawyer will be present during the IME to ensure that the questions asked by the doctor are consistent with your medical records. It is important to not play around with the severity of your injuries with these doctors, as they are trained to spot dishonesty and may use this information against you in trial.