What is a Personal Injury Lawsuit?
If you have been injured through the actions or inactions, you could be eligible for compensation. To find out more about your legal rights, contact an experienced personal injury lawyer.
A personal injury lawsuit is a civil litigation where the plaintiff seeks compensation for their losses. This includes medical expenses as well as lost wages and property damage. The process can take anywhere from a few months to several years.
Damages
A personal injury lawsuit is a legal proceeding to compel a person or entity to pay compensation for the damage caused by an accident. The plaintiff is the injured party, and the defendants are the parties responsible. Personal injury cases can include the wrongful death of a person who dies because of the negligence or wrongdoing of others.
The damages a victim suffers are usually broken down into two groups: compensatory and punitive. New Rochelle can include medical bills, pain and suffering compensation and other out-of pocket expenses. Punitive damages, which are not common and are designed to punish the perpetrator if they have committed extreme actions.
The first type of damages is typically called "economic damages." This includes the cost of out-of-pocket expenses incurred due to the accident or injury. These may include hospital expenses medical expenses, doctor's charges and physical therapy costs. In some cases additional expenses, such as the cost of traveling to and from appointments or modifications made to your home due to permanent disabilities could be included in the claim.
Non-economic damage can also be described as "pain and suffer" damages. These damages are more difficult to quantify, and they include the emotional distress and mental anguish caused by accidents. Your lawyer will assist you to value these damages based on the extent of your injury. It could be based on the ability to enjoy activities you were previously able to enjoy or the loss of your relationship with family members.
Statute of limitations
In a legal rule known as the statute of limitations, anyone who is injured in an accident must bring a lawsuit within a specific time period or the claim will be dismissed by the courts. This is done to prevent evidence from being lost or lost, and also to stop those who delay bringing litigation related to an incident out indefinitely.
The exact length of time for filing a claim varies between states, however, personal injury claims typically have a two- to four-year limitation. However there are exceptions that may extend the time required for a victim to submit their claim. They should seek legal advice when to determine if their case falls into one of these exceptions.
One of the most important aspects of the statute of limitations is that it applies only to the filing of an action in a court. Insurance claims are usually used to settle injury cases and do not require formal lawsuits. Even so, it is crucial to give yourself enough time to take legal action just in case insurance negotiations don't go as planned or there is a problem that cannot be addressed by the insurance system.
Certain circumstances may stop the clock on the statute of limitations, however they are extremely rare and have to be considered on a case-by-case basis. The statute of limitations might not begin until the victim discovers or should have known that the injury was caused by another's negligence. In some states, like New York, it is different for claims that are made against municipalities.
Complaint
A personal injury lawsuit is brought by the victim against the party who caused the injury. The plaintiff claims that the defendant breached the duty of care, and that this breach caused harm and losses to the plaintiff, and that the defendant should be held liable for those damages.
The complaint is the first document that you file in a personal injury lawsuit. It contains detailed allegations about the incident that led to your injuries and the damages you want. The complaint also includes the "prayer of relief" which outlines what you would like the court to do. The complaint must be served to the defendant with a summons which is a notification that they are being sued.
After the complaint is filed, the defendant has to submit an answer to the complaint within a certain time period, and they must either accept or deny the allegations in the complaint. The defendant can also file a counterclaim or add a third party defendant to the case by naming 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 collect will also help us to negotiate with defense attorneys or insurance companies to get the best possible settlement offer.
Preliminary Conference
In a personal injury case, your attorney must prove that the negligence of the defendant caused your accident. You must be able to prove that you sustained injuries from your accident, and that the injuries you sustained are worthy of financial compensation.
This can be a long process however, the trial is when you'll be able to decide if you'll get the damages you're entitled to. In the trial before the jury your lawyer will argue the defendant's liability and that they must pay for your losses. The defendant will present evidence to show that their actions were unrelated to the accident. This will stop the defendant from paying for your losses.
You must attend a pre-trial meeting before proceeding with the trial. This is typically the first time your case will have deadlines that are set by the Court itself. This is also the time that your lawyer will discuss the case with the defense.
A judicial registrar, also known as an individual from the court staff, typically conducts preliminary conferences. If the case is handled under the New York's Differentiated Case Management Rule, or otherwise exempted from the Rules the parties are required to be present in person. If a party is not able to attend in person, the convenor may permit them to participate via telephone or online. If your case is scheduled to be a part of the Differentiated Case Management program, an initial conference can be a chance to determine whether your case falls within one of the three categories that are expedited, standard, or complex.
Bill of Particulars
When a summons and complaint are filed, the defendant parties named in the lawsuit have the option of having twenty or thirty days to submit an Answer (although this deadline can be extended with the court's permission). Once the Answer is filed, the matter moves into the discovery phase. During this stage the parties exchange information through written discovery demands and depositions.
The lawyer of the plaintiff drafts the Bill of Particulars at the end of discovery. This document outlines legal claims 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 that are made to help them prepare for trial.
Before a Bill of Particulars can be followed, it has to be scrutinized by the court. Generally, the court will only comply with a Bill of Particulars that is not overbroad or vague. A Bill of Particulars should be limited to the specific acts of negligence being claimed and should not add new claims. For example, in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. 1994), the court sustained a motion to strike all references to intentional and willful acts from a medical negligence claim.
The court will not allow a new theory to be introduced at an point in the case that is unreasonable late. To avoid prejudice, a late amendment to a Bill of Particulars must be supported by an affidavit, which provides a reasonable explanation for the tardiness of the amendment.
Physical Exam
You might be wondering why a doctor who isn't familiar with you or your medical history and is unfamiliar with the specifics of your incident, would be asked to conduct a medical examination. This type of exam is required under Washington law, can be beneficial to your case.
IMEs are typically conducted by doctors employed by the insurance company of the defendant. Their goal is to offer a different perspective on your injuries. While they are sometimes called "independent," these physicians as well as insurance companies have their own agendas and financial stake in decreasing the amount of compensation that could be awarded to an injured victim.
Your Orange County personal injury attorney will ensure that you understand what to expect from an IME and will provide a copy to the doctor of all pertinent medical records. Your lawyer will also be present at the IME and can ensure that you are being examined in a fair manner by ensuring that the doctors questions do not deviate from the ones in your medical records. It is not advisable to downplay or exaggerate the severity of your injury to these doctors. They are trained to detect dishonesty, and could use this information at trial.