20 Trailblazers Setting The Standard In 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 someone else. Contact an experienced personal injury lawyer to learn more about your rights.
A personal injury lawsuit is a civil matter in which the plaintiff seeks money to compensate for their losses, including medical expenses, lost wages, property damage, and other costs. The process can take anywhere from several 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 the damages that result from an accident. The plaintiff is the injured party and the defendants are responsible. Personal injury cases can 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: compensatory and punitive. Compensation damages are based on medical bills as well as pain and loss compensation, and other out of pocket expenses. Punitive damages are not common and are designed to punish the offender for extreme behavior.
This category covers all expenses incurred as a result of the injury or accident. This could include doctor's fees or hospital costs, as well as physical therapy expenses. Some claims could also cover additional costs, like transportation costs to and from appointments or modifications to your home to accommodate a disability that is permanent.
Non-economic losses are often referred to as "pain and suffering" damages. They are more difficult to quantify and are a result of the mental and emotional stress, suffering and anguish that an accident can cause. Your lawyer can help you value these damages based on the severity of your injury. This may be based on your ability to carry out the activities you used to or your loss of a relationship with your family.
Statute of Limitations
Under a legal rule called the statute of limitations, any person who suffers an injury in an accident must make a claim within a specified time or else their claim will be dismissed by the courts. accident injury lawyer is done to stop evidence from being lost or lost, and to prevent those who delay bringing litigation related to an incident out for an indefinite period.
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. There are certain exceptions to the to file claims. If you need assistance in determining whether your case falls within one of these exceptions, then it is recommended to seek legal advice.
The statute of limitations is only applicable to lawsuits filed in court. Insurance claims are usually used to resolve injury cases and do not require formal lawsuits. Even so, it is important to allow yourself plenty of time to file a lawsuit in the event that negotiations do not follow the plan or there is a problem that cannot be addressed by the insurance system.
Certain circumstances may stop the clock on the statute of limitations, however they are rare and need to be assessed on a case-by-case basis. The statute of limitation may not begin until the victim realizes or should have realized that the injury was caused by another's negligence. In certain states, like New York, it is different for claims 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 their duty of care, and that this breach caused damage and losses for the plaintiff. The defendant is held responsible for these damages.
The complaint is the first document that you file in a personal injury case. It includes specific allegations about the incident that led to your injuries as well as the damages you seek. It also includes a "prayer for relief" that outlines 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 all the allegations in the complaint. The defendant may also file a counterclaim against the plaintiff or bring in a different defendant as a third-party defendant.
A successful personal injury lawsuit is based on solid evidence, which includes medical documents and witness testimony. We collaborate closely with our clients to ensure that all relevant information is gathered and included in the case. The evidence can also help us negotiate with the attorney for the defendant or insurance companies to negotiate the best settlement possible.
Preliminary Conference
In a personal injury lawsuit your lawyer must demonstrate that the defendant's negligence caused your accident. You must also prove that you suffered injuries as a result of your accident, and that your injuries are a valid reason for financial compensation.
It's not an easy process, but it is at the trial that you'll finally know if you will get the compensation you are entitled to. In a jury trial, your lawyer will argue that the defendant is responsible and is required to compensate you for your losses. The defendant will provide evidence to show that their actions are not connected to the accident. This will prevent them from paying you for your losses.
You must attend a pre-trial meeting prior to proceeding with the trial. This is usually the first time that your case will be subject to deadlines set by the Court itself. This is also the time where your lawyer will discuss the case with the defense.
A judicial registrar, or an official from the court staff, typically holds preliminary conferences. All parties must attend the preliminary conference in person unless the case is handled in accordance with the New York's Differentiated Case Management Rule or the Rules are exempted in other ways. If a party is unable to attend in person they can take part via phone or online 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 if your case falls into one of three categories - expedited standard or complex.
Bill of Particulars
After the summons and complaint are filed, the defendants named in the lawsuit will have twenty to thirty days (although this timeframe may be extended by the court). When the Answer is filed, the case enters what is called the discovery phase. In this phase the parties exchange information in the form of written demands for discovery and depositions.
The lawyer of the plaintiff drafts a Bill of Particulars at the conclusion of the discovery. This document provides the legal claims being made as well as the relief sought, usually an award of money damages. The Bill of Particulars is intended to put the defendant on notice of the specific legal claims being made so that he or she can effectively prepare for trial.
Before a Bill of Particulars can be followed, it has to be examined by the court. Generally speaking, the court will only comply with a Bill of Particulars that is not overbroad or vague. A Bill of Particulars must only include the specific acts of negligence that are being claimed and must not include new claims. For instance, in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. 1994) the court granted the motion to strike all references to willful and intentional acts from a medical negligence claim.
The court will not allow a new theory to be added at a stage in the litigation that is unreasonable late. To avoid causing prejudice, an amendment made late to the Bill of Particulars must be supported by an affidavit which provides a reasonable explanation for the lateness of this amendment.
Physical Exam
You might be wondering why a doctor who isn't familiar with you or your medical history, and isn't familiar with the details of your incident, would be required to conduct a medical examination. But, this type of exam is actually required under Washington law and can be helpful in your case.
Typically, IMEs are conducted by doctors medical who are hired by the insurance company of the defendant and aim to offer an alternative perspective on your injuries. These doctors, often referred to as "independent" are able to have their own agendas and financial interests in reducing the amount of compensation which can be awarded to injured victims.
Your Orange County personal injury attorney will make sure you know what to expect from an IME and will provide an IME doctor with a copy of all relevant medical records. Your lawyer will also be present at the IME and will ensure that you are being examined with respect and courtesy by ensuring that doctors ' questions aren't divergent from the ones you have in your medical records. It is crucial to avoid playing around with the severity of your injuries with these doctors, as they are trained to recognize dishonesty and may make use of this information against you at trial.