How To Solve Issues Related To Injury Lawsuit
What is a Personal Injury Lawsuit?
If you have been injured through the actions or inactions, you could be eligible for compensation. To learn more about your rights under the law get in touch with a seasoned personal injury lawyer.
A personal injury lawsuit is a civil matter where the plaintiff is seeking compensation for their losses, which include medical bills, 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 to compel another person or entity to pay you compensation for the damages resulting from an accident. The plaintiff is the injured party, and the defendants are the parties accountable. Personal injury cases can also include cases of wrongful death when someone dies due to the inattention or negligence of others.
accident injury law firms are typically classified into two categories: punitive and compensatory. Compensation damages can include medical bills, pain and suffering compensation, and other out-of-pocket expenses. Punitive damages are rare and designed to punish the perpetrator for their extreme behavior.
This category covers all expenses incurred as a result of the injury or accident. These could include hospital bills medical expenses, doctor's charges and physical therapy costs. In some instances additional expenses, such as the cost of travel to and from appointments or modifications made to your home for permanent disabilities can also be included in an insurance claim.
Non-economic damages 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, anguish and suffering caused by accidents. Your lawyer will assist you to determine the value of these damages based on the severity of your injuries. This could be based on the ability to carry out the activities you used to or your loss of a relationship with your family.
Statute of limitations
A legal rule known as the statute of limitations stipulates that anyone injured in an accident file an action within a specified date or else their claim will be dismissed. This is done to stop evidence from being forgotten or lost and to stop people from dragging incident-related litigation out for a long time.
The exact duration of the time limit is different from one state to another, but most personal injury claims have a time frame of between two and four years. There are certain exceptions to the period for filing a claim. If you need assistance determining if your case is 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 is only applicable to the filing of an action in a court. Insurance claims are typically used to settle injury cases and do not require formal lawsuits. Even so, it is important to allow yourself enough time to take legal action in the event that insurance negotiations fail to take place as planned or if an issue arises that cannot be addressed by the insurance system.
A few circumstances can pause the clock on the statute of limitations however these cases are extremely rare and need to be considered on a case-by-case basis. For instance the statute of limitations may not start running until a victim has discovered or reasonably should have discovered that their injuries were caused by someone else's negligent actions, and in some states, such as New York, the statute of limitations differs for claims against municipalities.
Complaint
A personal injury lawsuit is a civil suit brought by an injured person against the person or entity that caused the injury. The plaintiff claims that the defendant breached a duty of care, that this breach caused harm and losses to the plaintiff, and that the defendant should be held accountable for the losses.
The first document filed in a personal injury lawsuit is referred to as the complaint, and it contains detailed allegations about the incident that caused your injuries and outlines the damages you're seeking. The complaint 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 that is a notice that they are being sued.
The defendant must respond to the complaint within certain time limits and either admit or deny all the allegations made in the complaint. The defendant can also file a counterclaim or add a third party defendant to the case by naming third party defendant.
A successful personal injury lawsuit is based on solid evidence, including medical records and witness testimony. We work closely with our clients to collect the relevant information and incorporate it in the case. The evidence will also assist us negotiate with the attorney of the defendant or insurance agents to obtain the most favorable settlement offer.
Preliminary Conference
In a personal injury case your lawyer must demonstrate that the defendant's negligence caused your accident. You must also prove that you suffered injuries in your accident and that your injuries are worthy of the amount of financial compensation.
It's not an easy procedure, but it's at the trial that you will finally know if you will get the compensation you are entitled to. In the trial before a jury the lawyer will argue the defendant's responsibility and the need to pay for your losses. The defendant will provide evidence that their actions are unrelated to the accident, which will keep them from having to reimburse you for your losses.
You must attend a pre-trial conference before proceeding with the trial. This is the first time your case will be subject to deadlines imposed by a court. It is also the time that your attorney will discuss the case with the defense.
A judicial registrar, also known as an individual of the court staff usually conducts preliminary conferences. Unless the case is being handled by the New York's Differentiated Case Management Rule, or if it is exempted from the Rules the parties are required to attend in person. If a party is unable to attend in person, the convenor is able to permit them to attend via phone or online. If your case will be part of the Differentiated Case Management Program, a preliminary meeting is also an opportunity to determine if your case falls under one of three categories: advanced standard or complex.
Bill of Particulars
After the complaint and summons are filed, the defendants named in the lawsuit will have twenty to thirty days (although this deadline is able to be extended by the court). After the Answer has been filed, the case is moved into what is called the discovery phase. During this time both sides exchange information in the form of written demands for discovery and depositions.
Following the conclusion of discovery the attorney representing the plaintiff drafts what is known as a Bill of Particulars. The document details the legal claims being made as well as the relief requested - typically 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 must be scrutinized by the court. In general, the court will only accept the Bill of Particulars if it is not vague or broad. A Bill of Particulars should be limited to the specific acts of negligence asserted and should 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 intentional and willful acts from a medical malpractice claim.
The court will also not permit a new theory to be added at a point in the case that is unreasonably late. To avoid adverse consequences, a late amendment to the Bill of Particulars should only be allowed if accompanied by an affidavit stating an acceptable explanation for the delay in the amendment.
Physical Exam
If a defense attorney, or an insurance company requests that you attend an Independent Medical Examination (IME), your natural first instinct could be to wonder the reason why a doctor who does not know you or your medical history and the particulars of your injury is requested to conduct an exam. But, this type of examination is actually a requirement under Washington law and can be helpful to your case.
Typically, IMEs are conducted by medical doctors who are employed by the insurance company of the defendant and their goal is to provide a different perspective on your injuries. These doctors, who are sometimes referred to as "independent" and have their own agendas and financial interests in reducing the amount of compensation which is paid to victims.
If you decide to go through an IME the Orange County personal injury lawyer will ensure that you are aware of what to expect. They will provide the complete set of medical records to the doctor to review. Your lawyer will also be present at the IME and will ensure that you are being examined in a fair manner by ensuring that the doctors questions do not deviate from the ones in your medical records. It is not advisable to downplay or exaggerate the severity of your injury to these doctors. They are trained to spot dishonesty, and could utilize this information in court.