What is a Personal Injury Lawsuit?
You could be entitled to compensation if have suffered injuries due to the actions or inactions of a third party. To find out more about your legal rights, contact an experienced personal injury lawyer.
A personal injury lawsuit is civil dispute where the plaintiff seeks compensation for their loss. This can include medical bills as well as lost wages and property damage. The process can take anywhere from several months to several years.
Damages
A personal injury lawsuit is a legal process which is filed to force another person or entity to compensate you compensation for damages caused by an accident. The injured party is known as the plaintiff, while the responsible parties are called defendants. Personal injury cases can also include wrongful death claims when someone dies due to the inattention or negligence of others.
A victim's damages are typically broken down into two groups which are: punitive and compensatory. Compensatory damages include medical bills as well as pain and loss compensation, and other out of pocket expenses. Punitive damages, which are rare, are meant to punish the offender for committing extreme acts.
This category includes all expenses caused by the injury or accident. These may include hospital expenses as well as doctor's fees and therapy costs. Some claims may also include additional costs, like the cost of travel to and from appointments, or modifications to your home to accommodate a permanent disability.
Non-economic damage can also be described as "pain and suffer" damages. These damages are difficult to quantify, and they include the emotional distress and mental anguish caused by accidents. Your lawyer will assist you to determine the value of these damages based on the severity of your injuries. It could be based on your ability to continue enjoying the activities you previously enjoyed or your loss of connection with family members.
Statute of Limitations
Under a legal rule called the statute of limitations, anyone who suffers injury as a result of an accident must file a lawsuit within a specific time period or the claim will be dismissed by the courts. This is done to prevent evidence from being forgotten or lost, and to prevent 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 most personal injury lawsuits have a time frame of two to four years. However, there are exceptions that can extend the amount of time that a victim must submit their claim. They should seek legal advice when to determine if your case falls under one of these exceptions.
The statute of limitations only applies to lawsuits filed in court. Insurance claims are often used to settle injury cases and do not require formal lawsuits. It is still important to give yourself enough time to file a lawsuit in the event that negotiations with insurance aren't as smooth as you had hoped, or if a problem arises that cannot be resolved with insurance.
Certain circumstances can stop the clock of the statute of limitations however these cases are rare and generally need to be considered on a case-by-case basis. The statute of limitation may not begin 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 filed by the victim against the party who caused the injury. It claims that the defendant violated a duty of care, and that this breach caused harm and loss to the plaintiff and that the defendant should be held accountable for the damages.
The complaint is the first document that is filed in a personal injury case. It provides detailed details regarding the incident that led to your injuries, as well as the damages you seek. The complaint also includes the "prayer of relief" which describes what you want the court to do. The complaint must be served on the defendant, along with a summons that is a notice that they are being sued.
The defendant must respond to the complaint within a set of time limits and either admit or deny all allegations contained in the complaint. Oklahoma City injury lawsuits may also make a counterclaim against the plaintiff or bring in a different defendant as a third-party defendant.
A successful personal injury lawsuit is based on solid evidence, which includes medical documents and witness testimony. We work closely together with our clients to collect all relevant information and include it in the case. The evidence will also help us negotiate with the attorney for the defendant or insurance representatives to get the most favorable settlement offer.
Preliminary Conference
In a personal injury lawsuit, your attorney must prove that the negligence of the defendant led to your accident. You must also prove that you suffered injuries as a result of your accident, and that those injuries warrant financial compensation.
It can be a lengthy procedure, but it's at the trial that you will finally know if you will receive the damages you are entitled to. In a trial before jurors the lawyer will argue the defendant's responsibility and the need to be held accountable for your losses. The defendant will provide evidence that their actions are unrelated to the accident, which will keep them from having to pay you for your losses.
You must attend a pre-trial meeting prior to proceeding with the trial. This is typically the first time that your case will have deadlines established by the Court itself. This is also the time that your attorney will discuss the case with the defense.
A judicial registrar, or an individual of the court's staff, usually conducts preliminary conferences. If the case is handled in accordance with the New York's Differentiated Case Management Rule, or otherwise exempted from the Rules All parties are required to attend in person. If, however, a person is unable to attend in person, they can participate via telephone or on the internet, with the consent of the convenor. If your case will be part of the Differentiated Case Management Program, a preliminary meeting is also an opportunity to determine whether your case falls within one of three categories - advanced standard or complex.
Bill of Particulars
After a complaint and summons are filed, the defendants identified in the lawsuit are given either twenty or thirty days in which to respond (although this deadline may be extended if the court gives approval). Once the Answer is filed, the case moves into what is called the discovery phase. During this phase the parties exchange information via written demands for discovery and depositions.
Following the conclusion of discovery, the plaintiff's attorney prepares what is known as a Bill of Particulars. This document outlines legal claims and the relief sought, usually an award of money damages. The Bill of Particulars is intended to put the defendant on notice of the specific legal claims being filed so that he or she can effectively prepare for trial.
The court must review a Bill of Particulars before it is allowed to be enforced. In general, a court will only accept a Bill of Particulars if it isn't vague or overly broad. A Bill of Particulars must only include the specific acts of negligence that are being asserted, and not add any new claims. For instance in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. 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 an point in the case that is unreasonablely late. To avoid prejudice, a late amendment to a Bill of Particulars must be supported by an affidavit which gives a reasonable explanation of the delay of this amendment.
Physical Examination
You may question why a doctor who isn't familiar with you or your medical history and isn't familiar with the details of your accident, should be required to conduct a medical exam. This type of examination is required under Washington law, could be beneficial to your case.
IMEs are typically conducted by doctors employed by the insurance company of the defendant. Their goal is to provide an alternative perspective on your injuries. These physicians, who are sometimes called "independent" are able to have their own agendas and financial interests in reducing the amount of compensation that is awarded to injured victims.
If you decide to go through an IME If you decide to undergo an IME, your Orange County personal injury lawyer will ensure that you are aware of what to expect and provide copies of all relevant medical records for the doctor to look over. Your lawyer will also be present at the IME and will ensure that you are examined with respect and courtesy by ensuring that doctors questions do not deviate from those in your medical records. It is crucial to avoid playing around with the severity of your injuries with these doctors, as they are trained to spot dishonesty and may utilize this information against you at trial.