What is a Personal Injury Lawsuit?
If you have been injured by another person's actions or inactions, you may be eligible for compensation. To learn more about your legal rights get in touch with a seasoned personal injury lawyer.
A personal injury lawsuit is a civil dispute where the plaintiff seeks compensation for their losses. This includes medical expenses, lost wages and property damage. The process can last from a few months to several years.
Damages
A personal injury lawsuit is a legal proceeding which is filed to force another person or entity, to pay you for damages resulting from an accident. The injured party is known as the plaintiff, while the parties accountable are known as defendants. If someone dies as a result of negligence or wrongdoing by others, wrongful death cases may be part of personal injury lawsuits.
Damages are usually classified into two categories: punitive and compensatory. Compensation damages can include medical bills, pain and suffering compensation and other out-of pocket expenses. Punitive damages are uncommon and designed to punish the perpetrator for their extreme behavior.
The first type of damages is often known as "economic damages." This includes any out-of-pocket costs resulting from the accident or injury. These might include doctor's bills, hospital costs and physical therapy costs. Some claims may also include additional costs, like transportation costs to and from appointments or the need to modify your home to accommodate a disability that is permanent.
Non-economic damages can also be referred to by the term "pain and suffer" damages. These damages are harder to quantify, and they comprise the emotional distress and mental stress that accidents can cause. Depending on the extent of your injuries, your lawyer will help you estimate the value of these damages. This may be based on your ability to carry out the activities you used to or your loss in consortium with your family.
Statute of limitations
A legal requirement known as the statute of limitation obliges anyone injured in an accident should file an action before a specific date or their claim will be dismissed. This is to stop evidence from being forgotten or lost, and also to stop people from dragging incident-related litigation out for an indefinite period.
The exact time frame varies from state to state however personal injury claims generally have a two-to four-year time limit. However there are exceptions that may extend the time a victim has to submit their claim. They should seek legal advice when to determine whether or not your case falls under one of the exceptions.
The statute of limitations is only applicable to lawsuits that are filed in the court. Insurance claims are often used to settle injury cases and do not require formal lawsuits. It is nevertheless important to give yourself enough time to bring a lawsuit in the event that negotiations with insurance don't go as planned, or if a problem occurs that cannot be resolved with insurance.
Certain circumstances may stop the statute of limitations clock, but these instances are rare and generally need to be analyzed on an individual basis. The statute of limitation may not be established until the victim is aware or should have known that the injury was caused by another's negligence. In certain states, such as New York, it is different for claims that are made against municipalities.
Complaint
A personal injury lawsuit is brought by a victim against the person who caused the injury. The plaintiff claims that the defendant violated their duty of care and this breach resulted in harm and losses for the plaintiff. The defendant is held accountable for the losses.
The first document filed with a personal injury lawsuit is called the complaint. It contains specific details about the incident that caused your injuries. It also lists the damages you seek. The complaint also contains the "prayer of relief" which outlines what you would like the court to do. The complaint must be served on the defendant along with a summons that is a notice that they are being sued.
The defendant must respond to the complaint within a set of time frames and either accept or deny all allegations contained in the complaint. The defendant can also file a counterclaim, or add a third party defendant to the case as a third party defendant.
A successful personal injury lawsuit is based on solid evidence including medical documents and testimony from witnesses. We work closely with our clients to collect all relevant information and include it in the case. The evidence we have will also assist us in negotiate with the defendants' lawyers or insurance agents to negotiate the most favorable settlement offer.
Preliminary Conference
In a personal injury lawsuit the attorney for you must prove that the defendant's negligence caused your accident. You must also prove you were injured in your accident and that the injuries are worthy of the amount of financial compensation.
It can be a lengthy procedure, but it's at the trial that you will find out if you get the compensation you are entitled to. In the case of a trial before a jury your lawyer will argue for the defendant's responsibility and the need to pay for your losses. The defendant will provide evidence that their actions are not related to the accident, which will prevent 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 usually the first time your case will have deadlines set by the Court itself. This is also the time where your lawyer will discuss the case with the defense.
Preliminary conferences are typically conducted by a judicial registrar or a member of the court's staff. All participants must attend the preliminary conference in person unless the case has been handled under the New York's Differentiated Case Management Rule or the Rules are otherwise exempted. However, if a party cannot attend in person, they are able to take part via phone or online, with the consent of the convenor. If your case is part of the Differentiated Case Management Program, a preliminary meeting is also an opportunity to determine if your case falls under one of three categories - expedited standard or complex.
Garden Grove injury lawsuit of Particulars
After the complaint and summons have been filed, the defendants named in the lawsuit will have twenty to thirty days (although this timeframe is able to be extended by the court). After the Answer has been filed, the matter moves into the discovery phase. During this phase, both parties exchange information through written demands for discovery and depositions.
The plaintiff's lawyer prepares a Bill of Particulars at the conclusion of the discovery. This document provides the legal claims that are being made and the relief requested - 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 they can effectively prepare for trial.
The court must review the Bill of Particulars before it is allowed to be enforced. Generally, the court will only accept 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 must not include new claims. For instance in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. In 1994, the court upheld the motion to strike out the reference to willful or deliberate actions in a medical malpractice case.
The court will also not allow a new theory to be added at any stage in the litigation that is unreasonable late. In order to avoid resultant adverse consequences, a late amendment to a Bill of Particulars should only be allowed when supported by an affidavit offering an adequate explanation for the delay in the amendment.
Physical Exam
If a defense attorney, or an insurance company demands that you take part in an Independent Medical Examination (IME), your natural first instinct may be to question the reason why a doctor who does not know you, your medical history, and the details of your accident is being requested to conduct an exam. However, this kind of examination is actually a requirement under Washington law, and can be helpful to your case.
Typically, IMEs are conducted by medical doctors who are employed by the insurance company representing the defendant and their aim is to provide a different view of your injuries. Although they are often called "independent," these physicians - just like the insurance companies have their own agendas and financial interest in decreasing the amount of compensation that could 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 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 line with your medical records. It is crucial to avoid playing with the extent of your injuries with these doctors, as they are trained to spot the deceit and may utilize this information against you at trial.