What is a Personal Injury Lawsuit?
You could be eligible for compensation if you have suffered injuries due to the actions or inactions of someone else. To learn more about your legal rights to pursue compensation, consult a knowledgeable personal injury lawyer.
A personal injury lawsuit is a civil action where the plaintiff is seeking money to cover their losses, which include medical bills, lost wages property damage, and other costs. Lafayette injury lawyer can last from a few months to a few years.
Damages
A personal injury lawsuit is an action to compel a person or entity to pay money for damages related to an accident. The injured party is known as the plaintiff, while the parties accountable are known as defendants. Personal injury cases can also include the wrongful death of a person who dies due to the negligence or wrongful actions of others.
Damages are usually classified into two categories: punitive and compensatory. Compensatory damages are intended to ensure that the victim is completely again, including out-of-pocket expenses such as medical bills and compensation for pain and suffering. Punitive damages, which are not common and are intended to punish the perpetrator if they have committed extreme actions.
This category includes all expenses caused by the accident or injury. These may include hospital expenses, doctor's fees and physical therapy costs. In some instances other expenses such as the cost of travelling to and from appointments or modifications to your home for permanent disabilities could be included in an insurance claim.
Non-economic damage can also be referred to by the term "pain and suffer" damages. These are more difficult to quantify and are a result of the mental and emotional stress, suffering and anguish that accidents can cause. Depending on the extent of your injuries, your lawyer can help you estimate the value of the damages. It could be based on the ability to participate in activities that you were previously able to enjoy or your loss of connection with family members.
Statute of limitations
A legal rule known as the statute of limitations obliges anyone injured in an accident should file an action before a specific date or else their claim will be dismissed. This is to safeguard evidence from being lost or forgotten and to prevent people from dragging out incident-related litigation indefinitely.
The exact time limit differs from one state another, but the majority of personal injury lawsuits have a time frame of two to four years. There are some exceptions to the time period for filing a claim. If you require assistance to determine if your claim falls under one of these exceptions, then it is recommended that you seek legal advice.
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. Many injury cases are resolved through the process of filing an insurance claim and do not require formal lawsuit filing. It is essential to allow yourself sufficient time to bring a lawsuit in the event that insurance negotiations don't go as planned, or if a problem occurs which cannot be resolved through insurance.
Certain circumstances may stop the clock on the statute of limitations, but these instances are rare and generally need to be analyzed on an individual basis. The statute of limitations may not be established 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 against municipalities.
Complaint
A personal injury lawsuit is a civil suit filed by an injured party against the person or entity who caused the injury. It claims that the defendant breached the duty of care, that the breach caused harm and loss to the plaintiff and that the defendant should be held accountable for the damages.
The complaint is the primary document that you file in a personal injury case. It includes specific allegations regarding the incident that led to your injuries as well as the damages you want. It also includes a "prayer for relief" that describes what you want the court to do. The summons and complaint should be delivered to the defendant.
The defendant must respond to the complaint within certain time frames and either accept or deny the allegations contained in the complaint. The defendant can also bring a counterclaim against plaintiff or bring in another defendant 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 then include it in the case. The evidence we have will also assist us in negotiate with defense attorneys or insurance companies to negotiate the most favorable settlement offer.
Preliminary Conference
In a personal injury case your lawyer must demonstrate that the defendant's negligence caused your accident. You must be able to prove that you sustained injuries due to your accident and that those injuries warrant 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 trial before a jury, your lawyer will argue that the defendant is liable and must pay you for the losses you suffered. The defendant will present evidence to show that their actions are not connected to the accident. This will stop the defendant from paying for your losses.
Before proceeding to trial you must attend a preliminaries conference. This is the first time your case has deadlines set by a court. This is also the time when your lawyer will discuss the case with the defense.
A judicial registrar, or an official of the court's staff, typically conducts preliminary conferences. All parties must attend the preliminary conference in person, unless the case is handled by New York's Differentiated Case Management Rule or the Rules are exempted in other ways. If a party cannot attend in person, they may take part via phone or online, with the consent of the convenor. If your case is to be part of the Differentiated Case Management program, a preliminary conference will also be an opportunity to identify whether your case falls under one of the three categories which are expedited, standard or complex.
Bill of Particulars
After a complaint and summons 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 may be extended with the court's consent). Once the Answer has been filed, the matter moves into the discovery phase. In this phase the parties exchange information in the form of written discovery demands and depositions.
At the conclusion of discovery, the plaintiff's attorney prepares what is called a Bill of Particulars. This document outlines the legal claims being made 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 that are made to help them prepare for trial.
The court must examine a Bill of Particulars before it is able to be followed. In general, the court will only accept a Bill of Particulars if it is not vague or overbroad. A Bill of Particulars should be limited to the specific negligence that is being asserted and should not include new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ), for example was a case where the court concluded that the plaintiff had not been negligent. In 1994, the court affirmed the motion to strike out any references to willful or intentional acts in a medical malpractice case.
The court will also not allow a new doctrine to be introduced at an point in the case that is unreasonablely late. To avoid negative consequences, an amendment made late to the Bill of Particulars should only be allowed when supported by an affidavit stating a reasonable excuse for the delay in the amendment.
Physical Examination
You may question the reason why a doctor, who doesn't know you, or your medical history and is unfamiliar with the specifics of your accident, should be asked to conduct a medical examination. However, this type of examination is actually an obligation under Washington law, and could be beneficial to your case.
IMEs are typically conducted by doctors hired by the insurance company of the defendant. They are there to provide an alternative view of your injuries. While they are sometimes referred to as "independent," these physicians as well as insurance companies - have their own agenda and financial interest in reducing the amount of compensation that could be awarded to an injured victim.
Your Orange County personal injury attorney will ensure that you understand what you can expect from an IME and will provide the doctor with a copy of all relevant medical records. Your lawyer will also be present at the IME and will ensure that you are examined in a fair manner by ensuring that the doctors ' questions aren't divergent from the ones in your medical records. Do not underplay or exaggerate the severity of your injuries to the doctors. They are trained to detect dishonesty, and could use this information at trial.