13 Things About Injury Lawsuit You May Never Have Known

What is a Personal Injury Lawsuit?

You may be entitled to compensation if have been injured due to the actions or inactions of a third party. Contact a knowledgeable personal injury lawyer to learn more about your rights.

A personal injury lawsuit is a civil matter where the plaintiff is seeking money to compensate for their losses, such as medical bills, lost wages property damage, and other costs. The process can last from several months to several years.

Damages

A personal injury lawsuit is a legal proceeding that is taken to force another individual or entity, to pay you for damages resulting from an accident. The party who suffered the injury is known as the plaintiff, while the responsible parties are called defendants. Personal injury cases can include wrongful death claims when someone dies because of the negligence or wrongful actions of others.

A victim's damages are typically broken down into two groups which are: punitive and compensatory. Compensatory damages are meant to help the victim get back on track and regain their financial security, which includes out-of-pocket expenses such as medical bills and compensation for pain and suffering. Punitive damages, which are not common, are meant to punish the wrongdoer if they have committed extreme actions.

The first type of damages is usually known as "economic damages." This is the term used to describe the cost of out-of-pocket expenses incurred due to the accident and injuries. These could include hospital bills as well as doctor's fees and therapy costs. Some claims could also cover additional expenses, such as travel costs to and from appointments, or modifications to your home to accommodate a disability that is permanent.

Non-economic damages are often called "pain and suffering" damages. These damages are more difficult to quantify and include the emotional stress and mental stress that an accident can cause. Depending on the severity of your injuries your lawyer can help you estimate the value of the damages. This may be based on your capacity to perform the things you were previously able to do or your loss of consortium with your family.

Statute of Limitations

A legal rule known as the statute of limitation obliges anyone injured in an accident must file a lawsuit before a certain date or else their claim will be dismissed. This is done to prevent evidence from being forgotten or lost and to stop people from dragging incident-related litigation out for an indefinite period.

The exact length of time for filing a claim differs from state to state however personal injury claims generally have a two- to four-year time limit. There are certain exceptions to the time to file claims. If you require assistance in determining whether your case falls under one of these exceptions, it is recommended that you seek legal advice.

One of the main facets of the statute of limitations is that it applies only to the filing of an action in court. Many injury cases are resolved through the insurance claim process and do not require formal lawsuit filing. But, it's important to allow yourself plenty of time to pursue legal action in the event that insurance negotiations fail to go as planned or there is a problem that cannot be resolved through the insurance system.

Certain circumstances can stop the clock of the statute of limitations however these cases are rare and generally need to be considered on an individual case-by-case basis. For instance, the statute of limitations may not start running until a victim has discovered or should have reasonably discovered that their injuries were caused by a negligence, and in certain states, like 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. The plaintiff claims that the defendant breached their duty of care and this breach caused damage and losses for the plaintiff. The defendant is then held accountable for the losses.

The first document filed in a personal injury lawsuit is referred to as the complaint. It includes specific allegations regarding the incident that led to your injuries and outlines the damages you are seeking. The complaint also includes an "prayer of relief" that outlines what you would like the court to do. The summons and complaint must be delivered to the defendant.

The defendant must respond to the complaint within specific time frames and either accept 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 together with our clients to collect all relevant information and then include it in the case. The evidence will also assist us negotiate with the defendant's attorneys or insurance representatives to get the best settlement offer possible.

Preliminary Conference

In a personal injury case, your attorney must prove that the negligence of the defendant 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 can be a lengthy process however, the trial is when you'll be able to decide if you'll receive the compensation you deserve. In a trial before the jury your lawyer will argue the defendant's responsibility and the need to be held accountable for your losses. The defendant will provide evidence that their actions do not contribute 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 often the first time your case will have deadlines that are set by the Court itself. This is also the time when your attorney will discuss the issue with the defense.

A judicial registrar, or a member of the court staff typically conducts preliminary conferences. All parties must attend the preliminary conference in person unless the case is handled in accordance with New York's Differentiated Case Management Rule or the Rules are exempted in other ways. If a person is unable to attend in person, the convenor may permit them to participate via phone or via the internet. If your case is part of the Differentiated Case Management Program, a preliminary meeting is also an opportunity to determine whether your case falls within one of three categories namely expedited standard or complex.





Bill of Particulars

After the summons and complaint are filed, the defendants named in the lawsuit will be given twenty to thirty days (although this deadline can be extended by the court). Once the Answer is filed, the case moves into what is called the discovery phase. During this time the parties exchange information in the form of written demand for discovery and depositions.

Following the conclusion of discovery The attorney for the plaintiff prepares what is called a Bill of Particulars. The document is a legal declaration of claims and the relief sought - typically an award of money damages. The Bill of Particulars is meant to inform the defendant of the specific legal claims that are made so that they can prepare for trial.

The court must review a Bill of Particulars before it can be complied with. Generally, the court will only abide by a Bill of Particulars that is not vague or overly broad. A Bill of Particulars must only include the specific acts of neglect that are being asserted, and not add any new claims. For instance, in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. In 1994, the court upheld a motion to strike any references to willful or intentional acts in a medical malpractice case.

The court will also not allow a new doctrine to be added at any point in the action that is unreasonably late. To avoid causing prejudice, any late amendment to a Bill of Particulars must be supported by an affidavit that provides a reasonable explanation for the tardiness of the amendment.

Physical Examination

You might be wondering why a doctor who doesn't know you or your medical history and isn't familiar with the specifics of your incident, would be asked to conduct a medical exam. However, this type of examination is actually an obligation under Washington law and could be beneficial to your case.

IMEs are typically conducted by doctors hired by the insurer of the defendant. They are there to offer a different view of your injuries. While they are sometimes referred to as "independent," these physicians - just like the insurance companies - have their own agenda and financial interest in cutting down on the amount of compensation that may be given to a victim of injury.

Your Orange County personal injury attorney will ensure that you understand what you can expect from an IME and will give the doctor with a copy of all pertinent medical records. accident attorney will also be present at the IME and can ensure that you are examined fairly by ensuring that the doctors questions do not deviate from the ones you have in your medical records. Do not underplay or exaggerate the severity of your injuries to the doctors. They are trained to detect fraud, and may make use of this information in a trial.