What is a Personal Injury Lawsuit?
You could be eligible for compensation if you have been injured due to the actions or inactions of another person. To learn more about your rights under the law, contact an experienced personal injury lawyer.
A personal injury lawsuit is a civil action where the plaintiff is seeking compensation for their losses, such as medical expenses, lost wages, property damage, and other costs. The process can run between a few months and several years.
Damages
A personal injury lawsuit is a process to force another person or entity to pay compensation for the damages resulting from an accident. The plaintiff is the victim, and the defendants are the ones accountable. If someone dies as a result of inattention or negligence of others, wrongful death cases may be part of personal injury lawsuits.
Damages are usually classified into two categories: punitive and compensatory. Compensation damages are designed to make the victim whole for good, including out-of-pocket costs like medical bills and compensation for suffering and pain. Punitive damages, which are not common and are designed to punish the wrongdoer for committing extreme actions.
The first category of damages is typically referred to as "economic damages." This includes the cost of out-of-pocket expenses incurred due to the accident or injury. These might include doctor's bills as well as hospital expenses and physical therapy expenses. Cranston injury attorney could also cover additional costs, like travel costs to and from appointments or home modifications to accommodate a permanent disability.
Non-economic losses are often described as "pain and suffering" damages. These are more difficult to quantify and include the mental and emotional stress, anguish and suffering that accidents can cause. Your lawyer can help you determine the value of these damages based on the extent of your injury. This could be based on the capacity to perform the things you were previously able to do or your loss in consortium with your family.
Statute of Limitations
A legal rule known as the statute of limitations stipulates that anyone injured in an accident should file a lawsuit before a certain date or else their claim will be dismissed. This is to prevent evidence from being lost or forgotten, and to stop people from carrying out litigation related to an incident for a long time.
The exact time frame is different from state to state, however personal injury claims generally have a two- to four-year limitation. However there are exceptions that can prolong the time a victim has to file their claim and they should seek legal advice when determining whether or not their case falls into one of the exceptions.
One of the main facets of the statute of limitations is that it is only applicable to the filing of a lawsuit in a court. Many cases of injury are resolved through the insurance claim process and do not require a formal lawsuit filing. It is essential to allow yourself sufficient time to bring 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 of the statute of limitations, but these instances are extremely rare and need to be considered on an individual case-by-case basis. The statute of limitations might not start until the person is aware or should have known that the injury was caused by another's negligence. In certain states, like New York, it is different for claims made against municipalities.
Complaint
A personal injury lawsuit is a civil suit filed by an injured party against the person or entity that caused the injury. It claims that the defendant breached their duty of care, and that this breach caused harm and losses for the plaintiff. The defendant is held responsible for these damages.
The first document filed with a personal injury lawsuit is called the complaint. It includes specific allegations regarding the incident that led to your injuries. It also outlines the damages you seek. It also contains an "prayer for relief" that describes what you want the court to do. The summons and complaint must be delivered to the defendant.
The defendant must respond to the complaint within specific time limits and either admit or deny all the allegations contained 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 is built on solid evidence, such as medical records and witness testimony. We work closely together with our clients to collect the relevant information and incorporate it in the case. The evidence we have will also assist us in negotiate with defendants' attorneys or insurance agents to obtain the best settlement offer.
Preliminary Conference
In a personal-injury case your lawyer must show that negligence on the part of the defendant caused your accident. You must also prove you were injured in your accident and that the injuries are worthy of financial compensation.
It's a long process, but it is at the trial that you'll finally know if you will get the compensation you deserve. In a jury trial your lawyer will argue that the defendant is liable and has to pay for the losses you suffered. The defendant will provide evidence to show that their actions are not connected to the accident. This will prevent the defendant from paying for your losses.
Before proceeding to trial, you must attend a preliminary conference. This is often the first time your case will have deadlines set by the Court itself. This is also the time where your attorney will discuss the case with the defense.
Preliminary conferences are typically conducted by a judicial registrar or someone on the court's staff. All parties must attend the initial conference in person unless the case is handled under the New York's Differentiated Case Management Rule or the Rules are exempted in other ways. If a party is not able to attend in person, the convenor may allow them to participate by telephone or online. If your case will be part of the Differentiated Case Management Program, the initial meeting provides an opportunity to determine whether your case falls into one of three categories namely advanced standard or complex.
Bill of Particulars
After the complaint and summons have been filed, defendants named in the lawsuit will have between twenty and thirty days (although this time frame may be extended by the court). After the Answer is filed, the case is moved into the discovery phase. During this phase, both parties exchange information via written discovery demands and depositions.
The lawyer of the plaintiff drafts a Bill of Particulars at the end of the discovery. The document details legal claims and the relief sought - typically an award of money damages. The Bill of Particulars is meant to inform the defendant of the specific legal claims that are made to help them prepare for trial.
Before a Bill of Particulars can be accepted, it must be reviewed by the court. In general, courts will only comply with 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 not add any new claims. For example, in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. 1994), the court sustained the motion to strike all references to willful and intentional acts from a medical malpractice claim.
The court will not allow the introduction of a new theory of recovery at a disproportionately late stage in the litigation. In order to avoid resultant prejudice, a belated amendment to the Bill of Particulars should only be allowed if accompanied by an affidavit stating an acceptable explanation for the delay in the amendment.
Physical Exam
If a defense attorney, or an insurance company requests that you take part in an Independent Medical Examination (IME), your natural first instinct could be to wonder the reason a doctor who may not know you or your medical history and the specifics of your accident is being required to conduct an examination. However, this kind of exam is actually an obligation under Washington law, and can be helpful in your case.
Typically, IMEs are conducted by medical doctors who are employed by the defendant's insurance company and their goal is to provide a different perspective to your injuries. Although they are sometimes described as "independent," these physicians as well as insurance companies have their own agendas and financial stake in decreasing the amount of compensation that could be given to a victim of injury.
If you choose to undergo an IME the Orange County personal injury lawyer will ensure that you are aware of what to expect and provide the complete set of medical records to the doctor to review. Your lawyer will also be present at the IME and will make sure that you are examined with respect and courtesy by ensuring that questions of the doctor do not diverge from those in your medical records. It is not advisable to downplay or exaggerate the severity of your injuries to the doctors. They are trained to detect dishonesty, and could utilize this information in court.