What is a Personal Injury Lawsuit?
You may be entitled to compensation if were injured as a result of 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 litigant 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 between a few months and several years.
Damages
A personal injury lawsuit is a process to force another person or entity to pay you compensation for the damages resulting from an accident. The plaintiff is the injured party and the defendants are responsible. Personal injury cases can also include wrongful death claims when someone dies because of the negligence or wrongdoing of others.
Damages are usually classified into two categories: punitive and compensatory. Compensation damages are based on medical bills, pain and suffering compensation, and other out-of-pocket expenses. Punitive damages are uncommon and are intended to penalize the offender for extreme behavior.
The first type of damages is typically called "economic damages." This is the term used to describe any out-of-pocket costs resulting from the accident or injury. These could include hospital bills, doctor's fees and physical therapy costs. In some instances additional expenses, such as the cost of traveling to and from appointments, or changes to your home for permanent disabilities could also be included in the claim.
Non-economic damages can also be described as "pain and suffer" damages. These are more difficult to quantify and involve the emotional distress, mental suffering and anguish that an accident can cause. Your lawyer will assist you to evaluate these damages based upon the severity of your injuries. This could be based on your ability to participate in activities that you used to do or the loss of your relationship with family members.
Statute of limitations
A legal principle known as the statute of limitation stipulates that anyone injured in an accident file an action within a specified date or else their claim will be dismissed. This is to stop evidence from being forgotten or lost and to stop those who delay bringing litigation related to an incident out for a long time.
The exact length of time for filing a claim is different 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 that a victim must file their claim and they should seek legal advice for help to determine if your case falls under one of these exceptions.
Atlanta injury lawsuit of limitations applies only to lawsuits that are filed in court. Insurance claims are often used to resolve injuries and do not require formal lawsuits. But, it's important to leave yourself enough time to file a lawsuit just in case insurance negotiations fail to take place as planned or if an issue arises that can't be addressed by the insurance system.
Certain circumstances may stop the clock on the statute of limitations, but they are extremely rare and have to be considered on a case by case basis. For example the statute of limitations might not start running until a victim has discovered or ought to have realized that their injury was caused by someone else's negligent actions, and in certain states, like New York, the statute of limitations is different for claims against municipalities.
Complaint
A personal injury lawsuit is brought by the victim against the party who caused the injury. It claims that the defendant breached the duty of care, that this breach caused harm and losses to the plaintiff and that the defendant is liable for those damages.
The first document filed in a personal injury lawsuit is referred to as the complaint. It includes specific allegations regarding the incident that caused your injuries and outlines the damages you're seeking. The complaint also contains an "prayer of relief" which outlines what you would like the court to do. The summons and complaint must be given to the defendant.
After the complaint is filed, the defendant has to respond to the complaint within a specified time period, and they may either deny or admit the allegations 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 documents and witness testimony. 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 assist us in negotiate with the defense attorneys or insurance agents to get the best possible settlement offer.
Preliminary Conference
In a personal-injury lawsuit the lawyer for you must prove that negligence on the part of the defendant led to your accident. You must be able to prove that you sustained injuries as a result of your accident, and that those injuries warrant financial compensation.
This could be a long process however, the trial is where you'll be able to decide if you'll get the damages you deserve. In a jury trial, your lawyer will argue that the defendant is accountable and is required to compensate you for the losses you suffered. The defendant will argue that their actions are not related to the accident, which will keep them from having to pay you for your losses.
You must attend a pre-trial conference before you can proceed with the trial. This is often the first time your case will have deadlines set by the Court itself. It is also the time where your lawyer will discuss the case with the defense.
Preliminary conferences are usually 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 by New York's Differentiated Case Management Rule or the Rules are exempted in other ways. If a party is unable to attend in person, the convenor is able to permit them to participate via phone or online. If your case is part of the Differentiated Case Management Program, an initial meeting also provides an opportunity to determine if your case falls into one of three categories - advanced standard or complex.
Bill of Particulars
After the complaint and summons are filed, the defendants named in the lawsuit will have between twenty and thirty days (although this deadline is able to be extended by the court). After the Answer is filed, the case is moved to what is known as the discovery phase. During this time the parties exchange information in the form of written discovery demands and depositions.
The plaintiff's lawyer prepares a Bill of Particulars at the conclusion of the discovery. The document details the legal claims that are 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, so that they can prepare for trial.
Before a Bill of Particulars can be accepted, it must be reviewed by the court. In general, the court will only abide by a Bill of Particulars if it is not vague or broad. A Bill of Particulars must only include the specific acts of negligence that are being claimed and not include 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 actions from a medical malpractice claim.
Similarly, the court will not permit the addition of a new theory of recovery at a disproportionately late stage in the litigation. In order to avoid resultant negative consequences, an amendment made late to the Bill of Particulars should only be permitted if supported by an affidavit offering an acceptable explanation for the lateness of the amendment.
Physical Exam
You might be wondering the reason why a doctor, who doesn't know you, or your medical history and isn't familiar with the details of your accident, should be asked to conduct a medical exam. But, this type of exam is actually an obligation under Washington law, and could be beneficial in your case.
IMEs are usually conducted by doctors employed by the insurance company of the defendant. Their aim is to offer a different perspective on your injuries. These physicians, who are sometimes called "independent", have their own agendas and financial stakes in reducing the compensation that can be paid to victims.
If you decide to go through an IME the Orange County personal injury lawyer will make sure that you are well-informed about what to expect. They will provide the complete set of medical records for the doctor to examine. Your lawyer will also be present at the IME and will make sure that you are examined with respect and courtesy by ensuring that doctors questions do not deviate from the ones you have in your medical records. It is crucial to not play with the severity of your injuries to the doctors, since they are trained to recognize dishonesty and may use this information against you in trial.