What is a Personal Injury Lawsuit?
If you've been injured by another person's actions or inactions, you could be able to recover compensation. To find out more about your legal rights, contact an experienced personal injury lawyer.
A personal injury lawsuit is a civil action in which the plaintiff seeks money to cover their losses, such as medical bills, lost wages property damage, and other costs. The process can take anywhere from a few months to several years.
Damages
A personal injury lawsuit is a legal action that is taken to compel another person, or entity to pay you for damages resulting from an accident. The plaintiff is the one who was injured and the defendants are the parties responsible. If someone dies as the result of carelessness or infractions committed by others, wrongful death cases may be part of personal injury lawsuits.
The damages of a victim 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, are meant to punish the offender for committing extreme crimes.
The first type of damages is usually known as "economic damages." This covers the cost of out-of-pocket expenses incurred due to the accident and injuries. This could include doctor's fees, hospital costs and physical therapy costs. In some cases other expenses such as the cost of traveling to and from appointments or modifications made to your home for permanent disabilities can be included in a claim.
Non-economic damages are commonly described as "pain and suffering" damages. They are more difficult to quantify and involve the mental and emotional stress, anxiety and suffering caused by accidents. Depending on the extent of your injuries, your lawyer can help you place a value on the damages. This might be based on your ability to enjoy activities you previously enjoyed or your loss of consortium with family members.
Statute of limitations
Under a legal rule called the statute of limitations, anyone who suffers injury as a result of an accident must make a claim within a specific time period or their claim will be rejected by the courts. This is done to stop evidence from being forgotten or lost, and to prevent people from dragging incident-related litigation out for a long time.
The exact duration of the time limit differs from one state another, but the majority of personal injury lawsuits have a limit of two to four years. However, there are exceptions that may extend the amount of time a victim has to submit their claim. They should seek legal advice for assistance in determining whether or not their case falls into one of these exceptions.
The statute of limitations is only applicable to lawsuits that are filed in the court. Many cases of injury are resolved through the process of claiming insurance and do not require formal lawsuit filing. It is essential to allow yourself sufficient time to start a lawsuit in the event that insurance negotiations aren't as smooth as you had hoped, or if a problem occurs that is not resolved by insurance.
Certain circumstances may stop the clock on the statute of limitations, however they are not common and have to be assessed on a case-by-case basis. For Redondo Beach of limitations might not begin to run until a victim has discovered or should have reasonably discovered that their injury was caused by someone else's negligent actions, and in certain states, like New York, the statute of limitations differs for claims against municipalities.
Complaint
A personal injury lawsuit is brought by the victim against the person who caused the injury. It alleges that the defendant breached the duty of care, that this breach caused harm and loss to the plaintiff and that the defendant should be held accountable for the damages.
The first document filed with a personal injury lawsuit is called the complaint, and it includes specific allegations regarding the incident that led to your injuries and outlines the damages you seek. The complaint also contains an "prayer for relief" that describes what you would like the court to do. The complaint must be served on the defendant along with a summons, which is a notice that they are being sued.
The defendant must respond to the complaint within a set of time limits 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 relies on solid evidence, including medical documents and testimony from witnesses. We collaborate closely with our clients to ensure that all relevant information is collected and included in the case. The evidence we gather can also assist us to negotiate with defendants' lawyers or insurance agents to obtain the best settlement offer.
Preliminary Conference
In a personal-injury lawsuit the lawyer for you must prove that negligence on the part of the defendant caused your accident. You must be able to prove that you sustained injuries from your accident, and that those injuries warrant financial compensation.
It's not an easy process, but it is at the trial that you will be able to determine if you get the compensation you are entitled to. In a jury trial, your lawyer will argue that the defendant is accountable and must pay you 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.
Before you can proceed to trial, you must attend a preliminary conference. This is the first time your case has deadlines set by a judge. This is also the time when your lawyer will discuss the issue with the defense.
Preliminary conferences are usually conducted by a judicial registrar or a member of the court's staff. If the case is handled by New York's Differentiated Case Management Rule, or otherwise exempted from the Rules, all participants are required to attend in person. If a person is unable to attend in person, the convenor may allow them to participate by phone or online. If your case is scheduled to be a part of the Differentiated Case Management program, the preliminary conference will provide an opportunity to determine whether your case falls within one of the three classifications that are expedited, standard, or complex.
Bill of Particulars
After the complaint and summons have been filed, defendants named in the lawsuit will have twenty to thirty days (although this time frame can be extended by the court). Once the Answer has been filed, the matter moves into the discovery phase. During this phase, both parties exchange information through written discovery demands and depositions.
The plaintiff's lawyer prepares a Bill of Particulars at the end of discovery. The document is a legal declaration of claims and the relief sought, usually the award of damages in cash. The Bill of Particulars is intended to put the defendant on 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 can be complied with. In general, the court will only accept the Bill of Particulars if it is not vague or overbroad. A Bill of Particulars should be limited to the specific acts of negligence asserted and should not include new claims. For example, in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. 1994) the court granted a 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 introduced at an point in the action that is unreasonably late. To avoid causing prejudice any late amendment to the Bill of Particulars must be supported by an affidavit, which gives a reasonable explanation for the delay of this amendment.
Physical Exam
You may question the reason why a doctor, who doesn't know you or your medical history and isn't familiar with the specifics of your accident, would be required to conduct a medical exam. But, this type of exam is actually an obligation under Washington law and can be helpful in your case.
IMEs are usually conducted by doctors hired by the defendant’s insurance company. Their aim is to provide an alternative view of your injuries. These physicians, who are sometimes referred to as "independent" and have their own goals and financial interests in reducing the compensation that can be awarded to injured victims.
If you decide to undergo an IME the Orange County personal injury lawyer will make sure that you are aware of what to expect and will provide a copy of all relevant medical records to the doctor to review. Your lawyer will be present during the IME to make sure that the questions asked by the doctor are in accordance with your medical records. It is important to not play around with the severity of your injuries to the doctors, since they are trained to recognize the deceit and may make use of this information against you in trial.