Injury Lawsuit: The Ugly Truth About Injury Lawsuit
What is a Personal Injury Lawsuit?
You may be eligible for compensation if you were injured as a result of the actions or inactions of another person. Contact an experienced personal injury lawyer to find out more about your rights.
A personal injury lawsuit is a civil dispute where the plaintiff is seeking money to cover their losses, which include medical expenses, lost wages, damages to property and other expenses. The process can run from a few months to several years.
Damages
A personal injury lawsuit is a legal action that is used to force another individual or entity to pay you for the damages that result from an accident. The person who is injured is referred to as the plaintiff and the responsible parties are called defendants. Personal injury cases can include wrongful death claims when someone dies because of the negligence or wrongful actions of others.
Damages are usually divided into two categories: punitive and compensatory. Compensatory damages include medical bills as well as pain and suffering compensation, and other out-of-pocket expenses. Punitive damages are not common and are designed to punish the perpetrator for their extreme behavior.
This category covers all costs incurred as a result of the accident or injury. This could include doctor's fees or hospital costs, as well as physical therapy costs. Some claims may also include additional costs, like transportation costs to and from appointments or the need to modify your home to accommodate a disability that is permanent.
Non-economic losses are often referred to as "pain and suffering" damages. These are more difficult to quantify and include the mental and emotional stress, anguish and suffering caused by accidents. Your lawyer will assist you to value these damages based on the severity of your injuries. This could be based on the ability to continue enjoying the activities you used to do or your loss of connection with family members.
Statute of Limitations
In a legal rule known as the statute of limitations, any person who suffers an injury in an accident must bring a lawsuit within a specified time or else their claim will be dismissed by the courts. This is to stop evidence from being forgotten or lost, and also to stop individuals from dragging litigation relating to incidents out for an indefinite period.
The exact duration of the time limit is different from one state to another, but most personal injury claims have a time frame of two to four years. There are some exceptions to the time period for filing claims. If you require assistance in determining whether your case is one of these exceptions, then it is best to seek legal advice.
The statute of limitations only applies to lawsuits that are filed in court. A majority of injuries cases are resolved through the process of claiming insurance and do not require formal lawsuit filing. It is important to give yourself enough time to start a lawsuit in the event that negotiations with insurance do not go as planned or if a problem occurs that is not resolved by insurance.
A few circumstances can pause the clock of the statute of limitations however these cases are very rare and have to be analyzed on a case-by-case basis. The statute of limitations might not start until the person is aware or should have known that the injury was caused by another's negligence. In some states, like New York, it is different for claims against municipalities.
Complaint
A personal injury lawsuit is filed by the victim against the person who caused the injury. It asserts that the defendant violated their duty of care and that the breach caused harm and losses for the plaintiff. The defendant is held accountable for the losses.
The complaint is the initial document filed in a personal injury lawsuit. It contains detailed allegations concerning the incident that led to your injuries, as well as the damages you seek. The complaint also contains the "prayer for relief" that outlines what you want the court to do. The complaint must be served to the defendant with a summons that is a notice that they are being sued.
After the complaint is filed, the defendant must file an answer to the complaint within a specified 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 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 collected and included in the case. The evidence we have will also assist us in negotiate with defense attorneys or insurance agents to get the best possible settlement offer.
Preliminary Conference
In a personal injury lawsuit your lawyer must demonstrate that the negligence of the defendant caused your accident. You must be able to prove that you sustained injuries due to your accident and that the injuries you sustained are worthy of financial compensation.
It can be a lengthy process, but it is at the trial that you will finally know if you will receive the damages you are entitled to. In a jury trial, your lawyer will argue that the defendant is responsible and has to pay for your losses. The defendant will provide evidence to prove that their actions are not connected to the accident. This will prevent them from settling your losses.
You must attend a pre-trial conference before proceeding with the trial. This is the first time that your case will be subject to deadlines imposed by a judge. This is also when your lawyer will discuss the issue with the defense.
Preliminary conferences are typically conducted by a judicial registrar or a member of the court's staff. If the case is handled in accordance with New York's Differentiated Case Management Rule, or if it is exempted from the Rules All participants are required to attend in person. If, however, a person cannot attend in person, they can participate via phone or internet with the approval of the convenor. If your case is going to be a 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 classifications that are expedited, standard, or complex.
Harlingen injury attorney You Tube of Particulars
After the complaint and summons have been filed, the defendants named in the lawsuit will have twenty to thirty days (although this deadline may be extended by the court). After the Answer is filed, the case moves into what is called the discovery phase. In this stage, both parties exchange information through written discovery demands and depositions.
At the conclusion of discovery The attorney for the plaintiff prepares what is called a Bill of Particulars. This document provides the legal claims being made and the relief requested - typically the award of damages in cash. The Bill of Particulars is meant to inform the defendant of the specific legal claims made, to help them prepare for trial.
The court must review a Bill of Particulars before it is able to be followed. Generally, the court will only comply with a Bill of Particulars that is not vague or overly broad. A Bill of Particulars must only include the specific acts of negligence that are being alleged, and not add any new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ) for instance was a case where the court found that the plaintiff was not negligent. In 1994, the court affirmed the motion to strike all the reference to willful or deliberate actions in a medical malpractice case.
The court will not allow addition of a new theory of recovery at a disproportionately late stage in the case. To avoid causing prejudice a late amendment to the Bill of Particulars must be supported by an affidavit that gives a reasonable explanation for the lateness of this amendment.
Physical Exam
When a defense attorney or insurance company asks you to attend an Independent Medical Examination (IME), your natural first instinct may be to question the reason a doctor who may not know you and your medical history and the details of your incident is required to conduct an examination. This type of examination is required by Washington law, could be beneficial to your case.
Typically, IMEs are conducted by medical doctors who are employed by the insurance company of the defendant and their goal is to offer an alternative perspective on your injuries. These doctors, sometimes referred to as "independent" and have their own agendas and financial interests in reducing the amount of compensation which can be given to victims of injuries.
Your Orange County personal injury attorney will make sure you know what you can expect from an IME and will provide the doctor with a copy of all pertinent medical records. Your lawyer will be present during the IME to make sure that the questions asked by the doctor are consistent with your medical records. It is important to avoid playing up or down the severity of your injuries to these doctors, as they are trained to spot fraud and could utilize this information against you in trial.