This Week's Top Stories About Injury Lawsuit
What is a Personal Injury Lawsuit?
You could be entitled to compensation if you have been injured due to the actions or inactions of a third party. Contact an experienced personal injury attorney to learn more about your rights.
A personal injury lawsuit is a civil dispute where the plaintiff is seeking money to cover their losses, including medical bills, lost wages, property damage, and other costs. The process can last from a few months to several years.
Damages
A personal injury lawsuit is a process to compel another person or entity to pay you money for damages related to an accident. The person who is injured is referred to as the plaintiff while the parties responsible are referred to as defendants. If someone dies as the result of inattention or negligence of others the wrongful death case can be included in personal injury lawsuits.
A victim's damages are typically broken down into two groups which are: punitive and compensatory. Compensation damages are based on medical bills as well as pain and suffering compensation and other out-of pocket expenses. Punitive damages, which are not common and are designed to punish the wrongdoer for committing extreme crimes.
This category covers all expenses that result from the accident or injury. This could include hospital bills medical expenses, doctor's charges and physical therapy costs. Certain claims could also include additional costs, like transportation costs to and from appointments or the need to modify your home to accommodate a permanent disability.
Non-economic damage can also be referred to by the term "pain and suffer" damages. These are more difficult to quantify and include the mental and emotional stress, anxiety and suffering that accidents can cause. Your lawyer can help you determine the value of these damages based on the severity of your injury. This could be based on the capacity to perform the things you were previously able to do or your loss of a relationship with your family.
Statute of Limitations
A legal principle known as the statute of limitation stipulates that anyone injured in an accident 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 relating to incidents for an indefinite period.
The exact duration of the time limit differs from one state another, but the majority of personal injury claims have a time frame of between two and four years. There are certain exceptions to the time period for filing a claim. If you need assistance determining if your case falls within one of these exceptions, then it is recommended to seek legal advice.
The statute of limitations applies only to lawsuits filed in the court. Insurance claims are usually used to resolve injuries and do not require formal lawsuits. Even so, it is important to leave yourself plenty of time to take legal action just in case insurance negotiations do not take place as planned or if an issue arises that cannot be resolved through the insurance system.
Certain circumstances may stop the clock on the statute of limitations, but they are rare and need to be assessed on a case-by case basis. For instance, the statute of limitations might not start to run until a victim discovered or should have reasonably discovered that their injury was caused by someone else'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 a victim against the person who caused the injury. It claims that the defendant breached their duty of care and this breach caused loss and harm to the plaintiff. Somerville injury lawsuit is held responsible for these damages.
The first document filed in a personal injury lawsuit is referred to as the complaint. It contains detailed allegations about the incident that led to your injuries and outlines the damages you seek. It also contains an "prayer for relief" that describes what you want 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.
After the complaint is filed, the defendant is required to file an answer to the complaint within a specified time period, and they may either deny or admit the allegations made in the complaint. The defendant may 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 built on solid evidence, such as medical records and witness testimony. We work closely together with our clients to gather all relevant information and then include it in the case. The evidence we collect will also help us to negotiate with the defendants' attorneys or insurance companies to obtain the best settlement offer.
Preliminary Conference
In a personal injury case your lawyer must demonstrate that the negligence of the defendant caused your accident. You must also prove that you suffered injuries in your accident and that the injuries are worthy of an amount of money.
This can be a long process, but the trial is when you'll be able to decide if you'll be awarded the damages you deserve. In a jury trial your lawyer will argue that the defendant is responsible and must pay you for your losses. The defendant will present evidence to prove that their actions were not related to the accident. This will stop them from paying you for your losses.
You must attend a pre-trial conference before you can proceed with the trial. This is usually the first time that your case will have deadlines set by the Court itself. This is also the time when your lawyer will discuss the case with the defense.
A judicial registrar, or an official from the court staff, typically holds preliminary conferences. All participants must attend the preliminary conference in person unless the case is handled in accordance with the New York's Differentiated Case Management Rule or the Rules are otherwise exempted. If a party is not able to attend in person, the convenor can allow them to participate by telephone or online. If your case is going to be part of the Differentiated Case Management program, an initial conference can provide an opportunity to determine whether your case falls within one of the three categories - expedited, standard or complex.
Bill of Particulars
After the summons and complaint have been filed, defendants named in the lawsuit will be given between twenty and thirty days (although this time frame is able to be extended by the court). When the Answer is filed, the case moves into what is known as the discovery phase. During this phase, both parties exchange information via written discovery demands and depositions.
The plaintiff's lawyer prepares a Bill of Particulars at the conclusion of the discovery. This document outlines the legal claims being made and the relief sought - usually the award of damages in cash. The Bill of Particulars is meant to inform the defendant of the specific legal claims being made, to help them prepare for trial.
The court must examine a Bill of Particulars before it is able to be followed. In general, the court will only be able to abide by a Bill of Particulars if it is not vague or 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 the motion to strike references to willful and intentional actions from a medical malpractice claim.
Similarly, the court will not permit the introduction of a new theory of recovery at a disproportionately late stage in the case. To avoid prejudice, a belated amendment to a Bill of Particulars should only be permitted if supported by an affidavit stating an acceptable explanation for the delay in the amendment.
Physical Examination
When a defense attorney or insurance company requests 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 or your medical history and the details of your accident is being required to conduct an examination. This type of exam, which is required by Washington law, could be beneficial to your case.
IMEs are usually conducted by doctors hired by the insurer of the defendant. Their goal is to provide an alternative view of your injuries. These doctors, sometimes referred to as "independent" are able to have their own goals and financial interests in reducing the amount of compensation that can be given to victims of injuries.
Your Orange County personal injury attorney will make sure you know what you can expect from an IME and will give an IME doctor with a copy of all relevant medical records. Your lawyer will be present during the IME to ensure that the questions asked by the doctor are in accordance with your medical records. It is essential to avoid playing around with the severity of your injuries to these doctors, as they are trained to recognize dishonesty and may utilize this information against you at trial.