What is a Personal Injury Lawsuit?
You may be entitled to compensation if have been injured due to the actions or inactions of someone else. Contact an experienced personal injury lawyer to learn more about your rights.
A personal injury lawsuit is a civil action in which the plaintiff seeks compensation for their losses, such as medical expenses, lost wages, property damage, and other costs. The process can last from a few months to several years.
Damages
A personal injury lawsuit is a legal process that is taken to force another individual or entity to pay you for the damages that result from an accident. The plaintiff is the one who was injured, and the defendants are the parties accountable. When someone dies as a result of the negligence or wrongdoing by others In wrongful deaths, the case are often included in personal injury claims.
Damages are typically classified into two categories: punitive and compensatory. Compensatory damages include medical bills as well as pain and loss compensation and other out-of pocket expenses. Punitive damages are rare and designed to punish the perpetrator for their extreme behavior.
This category covers all expenses incurred as a result of the injury or accident. These could include hospital bills, doctor's fees and physical therapy costs. In some cases other expenses such as the cost of traveling to and from appointments or modifications made to your home for permanent disabilities may also be included in an insurance claim.
Non-economic damages are also described as "pain and suffer" damages. These are more difficult to quantify and involve the emotional distress, mental anxiety and suffering that an accident can cause. Depending on the severity of your injuries, your lawyer will help you determine the value of the damages. It could be based on your capacity to enjoy activities you previously enjoyed or your loss of consortium with family members.
Statute of limitations
A legal rule known as the statute of limitations stipulates that anyone injured in an accident should file an action within a specified date or their claim will be dismissed. This is to stop evidence from being forgotten or lost, and also to stop people from dragging incident-related litigation out for an indefinite period.
The time frame for filing a claim is different from one state to another, but the majority of personal injury claims have a time limit of between two and four years. There are certain exceptions to the time period for filing claims. If you need help determining if your case falls within one of these exceptions, it is recommended that you seek legal advice.
The statute of limitations is only applicable to lawsuits filed in the court. Insurance claims are typically used to resolve injury cases and do not require formal lawsuits. However, it is important to leave yourself plenty of time to file a lawsuit in the event that insurance negotiations do not follow the plan or an issue arises that cannot be resolved through the insurance system.
Certain circumstances may stop the clock on the statute of limitations, however they are rare and need to be considered on a case-by case basis. The statute of limitation may not start until the person discovers or should have known 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 a victim against the person who caused the injury. It claims that the defendant violated their duty of care and this breach resulted in damage and losses for 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. It contains detailed allegations about the incident that led to your injuries. It also lists the damages you're seeking. The complaint also includes a "prayer of relief" which 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 specific deadlines and either admit or deny all allegations contained in the complaint. The defendant can also file a counterclaim or add another defendant to the case as a third party defendant.
A successful personal injury lawsuit is built on solid evidence, including medical records and witness testimony. We collaborate closely with our clients to ensure that all relevant information is gathered and included in the case. The evidence will also help us negotiate with the defendant's attorneys or insurance companies to negotiate the best settlement offer possible.
Preliminary Conference
In a personal-injury lawsuit your lawyer must show that negligence on the part of the defendant led to your accident. Cedar Rapids injury lawsuits must also prove you suffered injuries in your accident and that the injuries are worthy of 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're entitled to. In the case of a trial before a jury your lawyer will argue for the defendant's responsibility and they will argue that they have to be held accountable for your losses. The defendant will provide evidence to show that their actions were not related to the accident. This will prevent them from settling your losses.
Before proceeding to trial you must attend a preliminary conference. This is typically the first time that your case will be subject to deadlines established by the Court itself. It is also the time when your attorney will discuss the case with the defense.
A judicial registrar, also known as an individual of the court staff typically holds preliminary conferences. Unless the case is being handled under the New York's Differentiated Case Management Rule, or is otherwise exempt from the Rules, all parties are required to be present in person. If a person is unable to attend in person, the convenor can permit them to participate via phone or online. If your case is scheduled to be part of the Differentiated Case Management program, a preliminary conference will also provide an opportunity to determine whether your case falls into one of the three categories that are expedited, standard, or complex.
Bill of Particulars
After a complaint and summons are filed, the defendants who are named in the lawsuit have twenty or thirty days to file an Answer (although this deadline may be extended with the court's consent). Once the Answer is filed, the case is moved to what is called the discovery phase. During this phase, both parties exchange information via written demands for discovery and depositions.
The plaintiff's lawyer prepares a Bill of Particulars at the conclusion of the discovery. The document details the legal claims being made as well as the relief requested - typically an award of money damages. The Bill of Particulars is meant to inform the defendant of the specific legal claims that are made so that they can prepare for trial.
The court must review a Bill of Particulars before it can be complied with. In general, a court will only be able to abide by the Bill of Particulars if it is not vague or broad. A Bill of Particulars should be limited to the specific acts of negligence being asserted and should not include new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ) for instance, was a case where the court concluded that the plaintiff was not negligent. In 1994, the court upheld the motion to strike out references to intentional or willful actions in a medical malpractice case.
The court will also not allow a new doctrine to be introduced at a stage in the litigation that is unreasonably late. To avoid adverse consequences, a late amendment to a Bill of Particulars should only be allowed if accompanied by an affidavit stating an acceptable explanation for the lateness of the amendment.
Physical Examination
If a defense attorney or insurance company asks you to attend an Independent Medical Examination (IME) Your first reaction might be to ask the reason why a doctor who does not know you and your medical history and the details of your incident is requested to conduct an exam. However, this type of examination is actually required under Washington law, and it can be helpful in your case.
IMEs are usually performed by doctors who are employed by the insurer of the defendant. Their aim is to offer a different perspective on your injuries. Although they are often called "independent," these physicians as well as insurance companies - have their own agenda and financial stake in cutting down on the amount of compensation that may be granted to a victim who has been injured.
Your Orange County personal injury attorney will ensure that you are aware of what you can expect from an IME and will provide a copy to the doctor of all relevant medical records. Your lawyer will be present during the IME to ensure that the questions asked by the doctor are in accordance with your medical records. It is not advisable to downplay or exaggerate the severity of your injury to the doctors. They are trained to spot fraud, and may make use of this information in a trial.