A Provocative Rant About Injury Lawsuit
What is a Personal Injury Lawsuit?
You may be entitled to compensation if have suffered injuries due to the actions or inactions of another person. Contact a seasoned personal injury lawyer to learn more about your rights.
A personal injury lawsuit is civil dispute in which the plaintiff seeks compensation for their losses. This can include medical bills as well as lost wages and property damage. YouTube can take anywhere from a few months to several years.
Damages
A personal injury lawsuit is a legal process that is used to compel another person, or entity, to pay you for the damages that result from an accident. The plaintiff is the victim and the defendants are accountable. When someone dies as a result of carelessness or infractions committed by others, wrongful death cases may be part of personal injury claims.
The damages a victim suffers are usually divided into two categories which are: punitive and compensatory. Compensation damages can include medical bills as well as pain and suffering compensation and other out-of pocket expenses. Punitive damages are rare and are intended to penalize the wrongdoer for extreme conduct.
This category covers all expenses that result from the accident or injury. 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 the need to modify your home to accommodate a permanent disability.
Non-economic damages are also described as "pain and suffer" damages. These damages are difficult to quantify, and they include the emotional stress and mental stress that an accident can cause. Based on the extent of your injuries, your lawyer will help you determine the value of the damages. 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 obliges anyone injured in an accident should file a lawsuit before a certain date or else the claim will be dismissed. This is to safeguard evidence from being lost or forgotten and to stop people from carrying out litigation related to an incident for a long time.
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 limitation. There are certain exceptions to the to file an injury claim. If you require assistance in determining whether your case falls within one of these exceptions, then it is recommended that you seek legal advice.
The statute of limitations is only applicable to lawsuits that are filed in 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 just in case insurance negotiations fail to take place as planned or if an issue arises that cannot be addressed by the insurance system.
Certain circumstances can stop the clock on the statute of limitations, but they are extremely rare and have to be assessed on a case by case basis. For example, the statute of limitations might not begin to run until a victim discovered or reasonably should have discovered that their injuries were caused by another person's negligence, and in certain states, such as New York, the statute of limitations is different for claims against municipalities.
Complaint
A personal injury lawsuit is brought by the victim against the person who caused the injury. It claims that the defendant violated their duty of care and this breach resulted in harm and losses for the plaintiff. The defendant is accountable for the damages.
The first document you file with a personal injury lawsuit is known as the complaint. It contains detailed allegations about the incident that caused your injuries. It also lists the damages you're seeking. The complaint also contains the "prayer of relief" that outlines what you want the court to do. The complaint and summons must be given to the defendant.
The defendant must respond to the complaint within specific deadlines and either admit or deny all the allegations in the complaint. The defendant can also bring a counterclaim against plaintiff or bring in another defendant as a third-party defendant.
A successful personal injury lawsuit relies on solid evidence, including medical records and testimony from witnesses. We work closely with our clients to ensure that all relevant information is gathered and included in the case. The evidence we gather can also assist us to negotiate with defense attorneys or insurance companies to negotiate the most favorable settlement offer.
Preliminary Conference
In a personal-injury lawsuit, your lawyer must prove that negligence on the part of the defendant caused your accident. You must also prove that you suffered injuries due to your accident and that your injuries are a valid reason for financial compensation.
It can be a lengthy process however, the trial is where you will be able to determine if you'll receive the compensation you deserve. In a jury trial your lawyer will argue that the defendant is responsible and must pay you for the losses you suffered. The defendant will provide evidence to prove that their actions were unrelated to the accident. This will stop them from settling your losses.
Before you can proceed to trial, you must attend a preliminaries conference. This is often the first time your case will be subject to deadlines that are set by the Court itself. This is also when your attorney will discuss the issue with the defense.
A judicial registrar, or a member from the court staff, usually conducts preliminary conferences. All participants 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 can 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 whether your case falls within one of three categories namely complicated or expedited standard.
Bill of Particulars
After the summons and complaint have been filed, defendants named in the lawsuit will be given twenty to thirty days (although this time frame is able to be extended by the court). Once the Answer is filed, the case moves into what is called the discovery phase. During this time both sides exchange information in the form of written discovery demands and depositions.
At the conclusion of discovery The attorney for the plaintiff prepares what is known as a Bill of Particulars. This document outlines legal claims and the relief sought - typically the award of damages in cash. The Bill of Particulars is meant to inform the defendant of the specific legal claims that are made to help them prepare for trial.
The court must look over a Bill of Particulars before it can be complied with. In general, the court will only abide by a Bill of Particulars if it isn't vague or overly broad. A Bill of Particulars should be limited to the specific negligence that is being claimed and should not add new claims. For instance, in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. 1994) the court granted a motion to strike all references to intentional and willful actions from a medical malpractice claim.
Similarly, the court will not allow introduction of a new theory of recovery at a disproportionately late stage in the litigation. To avoid negative consequences, an amendment made late to the Bill of Particulars should only be allowed if accompanied by an affidavit that provides an adequate explanation for the lateness of the amendment.
Physical Exam
It is possible to ask why a doctor who isn't familiar with you or your medical history and is unfamiliar with the details of your incident, would be required to conduct a medical exam. However, this kind of examination is actually an obligation under Washington law, and it could be beneficial to your case.
Typically, IMEs are conducted by doctors medical who are hired by the insurance company of the defendant and their aim is to offer an alternative view of your injuries. Although they are often referred to as "independent," these physicians, just like insurance companies - have their own agenda and financial stake in decreasing the amount of compensation that can be given to a victim of injury.
Your Orange County personal injury attorney will ensure that you are aware of what to expect from an IME and will give a copy to the doctor of all pertinent medical records. Your lawyer will be present during the IME to make sure that the questions asked by the doctor are in line with your medical records. You should not downplay or exaggerate the severity of your injuries to the doctors. They are trained to detect fraudulent behavior, and can utilize this information in court.