What is a Personal Injury Lawsuit?
If you have been injured by another person's actions or inactions, you may be entitled to compensation. Contact an experienced personal injury attorney to learn more about your rights.
A personal injury lawsuit is a civil action in which the plaintiff seeks compensation for their losses, which include medical bills, lost wages property damage and other expenses. The process can run between a few months and several years.
Damages
A personal injury lawsuit is a legal process that is taken to force another individual or entity, to pay you for damages resulting from an accident. The injured party is known as the plaintiff and the responsible parties are called defendants. Personal injury cases can also include the wrongful death of a person who dies due to inattention or negligence of others.
A victim's damages are typically broken down into two groups: compensatory and punitive. Compensation damages are based on medical bills, pain and suffering compensation, and other out-of-pocket expenses. Punitive damages, which are rare and are designed to punish the wrongdoer for committing extreme acts.
The first category of damages is usually called "economic damages." This includes the cost of out-of-pocket expenses incurred due to the accident or injury. This could include hospital bills as well as doctor's fees and therapy costs. In some cases other expenses such as the cost of travelling to and from appointments or modifications made to your home to accommodate permanent disabilities could be included in a claim.
Non-economic losses are often described as "pain and suffering" damages. These damages are more difficult to quantify, and comprise the emotional distress and mental stress that accidents can cause. Based on the extent of your injuries, your lawyer will assist you to determine the value of these damages. This may be based on your ability to do activities you used to or your loss of consortium with your family.
Statute of limitations
A legal requirement, known as the statute of limitations, anyone who suffers injury as a result of an accident must make a claim within a certain time frame or the claim will be dismissed by the courts. This is to prevent evidence from being lost or forgotten and to prevent people from dragging out incident-related litigation indefinitely.
The exact duration of time is different between states, but personal injury claims typically have a two- to four-year time limit. There are some exceptions to the time limit for filing an injury claim. If you need help in determining whether your case falls within one of these exceptions, it is recommended that you seek legal advice.
The statute of limitations applies only to lawsuits filed in court. Many cases of injury are resolved through the process of filing an insurance claim and do not require formal lawsuit filing. But, it's important to leave yourself enough time to pursue legal action in the event that insurance negotiations do not follow the plan or there is a problem that cannot be addressed by the insurance system.
Some circumstances can pause the clock on the statute of limitations, but they are not common and have to be assessed on a 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 another person'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 case initiated by a victim against the person or entity that caused the injury. The plaintiff claims that the defendant violated their duty of care, and that this breach caused harm and losses for the plaintiff. The defendant is then accountable for the damages.
The first document filed with a personal injury lawsuit is referred to as the complaint. It contains detailed allegations about the incident that caused your injuries. It also outlines the damages you're seeking. The complaint also contains a "prayer for relief" which outlines what you would like the court to do. The summons and complaint should be given to the defendant.
The defendant must respond to the complaint within specific deadlines and either admit or deny all allegations contained in the complaint. The defendant can also file a counterclaim, or add a third party defendant to the case by naming a third party defendant.
A successful personal injury lawsuit is based on solid evidence, including medical documents and testimony from witnesses. We work closely together with our clients to gather all relevant information and then include it in the case. Orem injury lawsuits will also help us negotiate with the attorney for the defendant or insurance representatives to get the most favorable settlement offer.
Preliminary Conference
In a personal injury case your lawyer must show that negligence on the part of the defendant caused your accident. You must also prove you were injured in the accident and that the injuries are worth financial compensation.
This could be a long process however, the trial is when you will be able to determine if you'll receive the compensation you're entitled to. In a trial before a jury, your lawyer will argue that the defendant is responsible and is required to compensate you for your losses. The defendant will provide evidence to prove that their actions were unrelated to the accident. This will prevent them from settling your losses.
Before you can proceed to trial, you must attend a preliminaries conference. This is the first time that your case will be subject to deadlines imposed by a judge. This is also when your attorney will discuss the matter with the defense.
Preliminary meetings are usually held by a judicial register or an individual from the court's staff. If the case is handled under New York's Differentiated Case Management Rule, or otherwise exempted from the Rules, all parties are required to be present in person. If a party is not able to attend in person, the convenor can allow them to participate by phone or online. If your case will be part of the Differentiated Case Management Program, the initial meeting provides an opportunity to determine whether your case falls into one of three categories - advanced standard or complex.
Bill of Particulars
When a summons and complaint are filed, the defendants who are named in the lawsuit have twenty or thirty days to respond (although this deadline can be extended with the court's permission). Once the Answer is filed, the case moves into what is called the discovery phase. In this period the parties exchange information in the form of written demands for discovery and depositions.
At the conclusion of discovery, the plaintiff's attorney prepares what is called a Bill of Particulars. This document outlines legal claims and the relief sought - typically an award of money damages. The Bill of Particulars is intended to put the defendant on notice of the specific legal claims being filed so that he or she is able to effectively prepare for trial.
Before a Bill of Particulars can be followed, it has to be examined by the court. In general, a court will only abide by a Bill of Particulars if it is not vague or broad. A Bill of Particulars must only include the specific acts of neglect 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 sustained a motion to strike all references to willful and intentional acts from a medical malpractice claim.
The court will not permit the introduction of a new doctrine of recovery at an unreasonable late stage in the litigation. To avoid causing prejudice an amendment made late to the Bill of Particulars must be supported by an affidavit, which gives a reasonable explanation for the lateness of this amendment.
Physical Exam
If a defense attorney or insurance company demands that you take part in an Independent Medical Examination (IME) the first reaction may be to question why a doctor who does not know you, your medical history, and the specifics of your injury is asked to conduct an exam. This type of exam, which is required by Washington law, could be beneficial to your case.
Typically, IMEs are conducted by doctors medical who are hired by the defendant's insurance company and their aim is to provide a different perspective to your injuries. These doctors, sometimes referred to as "independent" and have their own agendas and financial interests in reducing the amount of compensation that can be awarded to injured victims.
Your Orange County personal injury attorney will ensure that you are aware of what you can expect from an IME and will provide the doctor with a copy of the relevant medical records. Your lawyer will be present during the IME to ensure that the questions posed by the doctor are in accordance with your medical records. It is essential to not play with the severity of your injuries with the doctors, since they are trained to spot fraud and could make use of this information against you at trial.