What is a Personal Injury Lawsuit?
You may be entitled to compensation if were injured as a result of the actions or inactions of someone else. Contact a knowledgeable personal injury attorney to learn more about your rights.
A personal injury lawsuit is a civil matter where the plaintiff is seeking 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 proceeding that is taken to force another individual or entity, to pay you for the damages that result from an accident. The injured party is known as the plaintiff, while the parties responsible are referred to as defendants. If someone dies as the result of the inattention or negligence of others the wrongful death case may be part of personal injury lawsuits.
The damages a victim suffers are usually broken down into two groups that are punitive and compensatory. Compensation damages can include medical bills, pain and suffering compensation, and other out-of-pocket expenses. Punitive damages, which are very rare and are intended to punish the perpetrator for committing extreme crimes.
This category includes all expenses incurred as a result of the injury or accident. This could include hospital bills, doctor's fees and physical therapy costs. In some instances, additional expenses like the cost of traveling to and from appointments, or modifications made to your home to accommodate permanent disabilities can also be included in a claim.
Non-economic damages can also be referred to by the term "pain and suffer" damages. These damages are harder to quantify and include the emotional stress and mental stress that an accident can cause. Your lawyer will help you value these damages based on the severity of your injuries. Tampa might be based on your capacity to enjoy activities you used to do or your loss of connection with family members.
Statute of Limitations
A legal principle known as the statute of limitations stipulates that anyone injured in an accident should file an action before a specific date or their 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 time frame varies from state to state however personal injury claims generally have a two- to four-year limitation. However there are exceptions that may extend the time a victim has to submit their claim. They should seek legal advice for assistance in to determine if their case falls within one of the exceptions.
One of the main facets of the statute of limitations is that it applies only to the filing of an action in court. Insurance claims are usually used to resolve injury cases and do not require formal lawsuits. It is still important to allow yourself enough time to start a lawsuit in the event that negotiations with insurance aren't as smooth as you had hoped, or if a problem arises that cannot be resolved with insurance.
Certain circumstances can stop the statute of limitations clock however, these situations are extremely rare and need to be analyzed on an individual basis. The statute of limitations might not begin until the victim realizes or should have realized that the injury was caused by someone else'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 filed by the victim against the party who caused the injury. It claims that the defendant violated their duty of care, and that this breach resulted in loss and harm to the plaintiff. The defendant is held responsible for these damages.
The first document filed with a personal injury lawsuit is referred to as the complaint, and it contains specific details about the incident that led to your injuries. It also lists the damages you are seeking. The complaint also includes the "prayer of relief" that outlines 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.
The defendant must respond to the complaint within a set of deadlines and either admit or deny the allegations in the complaint. The defendant can also file a counterclaim against the plaintiff or bring in another defendant as third-party defendant.
A successful personal injury lawsuit depends on solid evidence, including medical records and testimony from witnesses. We work closely together with our clients to gather the relevant information and incorporate it in the case. The evidence will also assist us negotiate with the attorney for the defendant or insurance representatives to get the best settlement offer possible.
Preliminary Conference
In a personal injury case the attorney for you must prove that the defendant's negligence caused your accident. You must also prove that you were injured in the accident and that your injuries are worthy of the amount of 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 accountable and must pay you for the losses you suffered. The defendant will present evidence that their actions are not related to the accident, which will keep them from having to compensate you for your losses.
Before proceeding to trial you must attend a preliminary conference. This is the first time that your case has deadlines set by a judge. This is also the time when your lawyer will discuss the case with the defense.
A judicial registrar, also known as a member of the court's staff, typically holds preliminary conferences. If the case is handled by the New York's Differentiated Case Management Rule, or otherwise exempted from the Rules, all parties are required to attend in person. If a party is not able to attend in person, the convenor may allow them to participate by phone or online. If your case is to be part of the Differentiated Case Management program, an initial conference can provide an opportunity to determine whether your case falls under one of the three categories which are expedited, standard or complex.
Bill of Particulars
When a summons and complaint are filed, the defendant parties who are named in the lawsuit have either twenty or thirty days in which to file an Answer (although this deadline can be extended if the court gives consent). When the Answer is filed, the case moves into what is called the discovery phase. In this phase the parties exchange information in the form of written demand for discovery and depositions.
The lawyer for the plaintiff prepares a Bill of Particulars at the conclusion of the discovery. This document outlines legal claims and the relief sought - usually an award of money damages. The Bill of Particulars is meant to inform the defendant of the specific legal claims being made, so that they can prepare for trial.
Before a Bill of Particulars can be accepted, it must be reviewed by the court. In general, a court will only accept a Bill of Particulars if it is not vague or overbroad. A Bill of Particulars must only include the specific acts of negligence that are being asserted and not include any new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ), for example was a case in which the court found that the plaintiff was not negligent. 1994), the court sustained the motion to strike all references to intentional and willful acts from a medical malpractice claim.
Similarly, the court will not allow introduction of a new theory of recovery at a disproportionately late point in the action. To avoid causing prejudice, an amendment made late to the Bill of Particulars must be supported by an affidavit, which gives a reasonable explanation of the lateness of this amendment.
Physical Exam
If a defense attorney, or an insurance company demands that you attend an Independent Medical Examination (IME), your natural first instinct may be to question why a doctor who does not know you and your medical history and the particulars of your incident is required to conduct an examination. This type of exam, which is required by Washington law, could be beneficial to your case.
IMEs are typically performed by doctors who are employed by the insurance company of the defendant. They are there to provide an alternative view of your injuries. Although they are sometimes referred to as "independent," these physicians - just like the insurance companies have their own agendas and financial stake in decreasing the amount of compensation that may be granted to a victim who has been injured.
If you choose to undergo an IME, your Orange County personal injury lawyer will make sure that you are well-informed about what to expect and will provide copies of all relevant medical records for the doctor to look over. Your lawyer will be present during the IME to ensure that the questions asked by the doctor are consistent with your medical records. It is not advisable to downplay or exaggerate the severity of your injuries to the doctors. They are trained to detect fraudulent behavior, and can use this information at trial.