12 Companies Are Leading The Way In Injury Lawsuit
What is a Personal Injury Lawsuit?
If you've been injured by another person's actions or inactions, you may be entitled to compensation. Contact an experienced personal injury lawyer to find out more about your rights.
A personal injury lawsuit is a civil matter in which the plaintiff seeks money to compensate for their losses, including medical bills, lost wages, property damage, and other costs. The process can take anywhere from several months to several years.
Damages
A personal injury lawsuit is a legal proceeding to compel a person or entity to pay you compensation for the damage caused by an accident. The plaintiff is the injured party and the defendants are the parties responsible. When someone dies as a result of the inattention or negligence of others the wrongful death case can be included in personal injury lawsuits.
Damages are usually classified into two categories: punitive and compensatory. Compensation damages are based on medical bills as well as pain and suffering compensation, and other out-of-pocket expenses. Punitive damages are uncommon and are intended to penalize the perpetrator for their extreme behavior.
The first type of damages is usually referred to as "economic damages." This includes any out-of-pocket costs resulting from the accident or injury. This could include hospital bills, doctor's fees and physical therapy costs. Some claims could also cover 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 referred to by the term "pain and suffer" damages. These are more difficult to quantify and involve the mental and emotional stress, suffering and anguish that accidents can cause. Depending on the severity of your injuries your lawyer will help you place a value on these damages. This could be based on your ability to enjoy activities 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 limitation obliges anyone injured in an accident must file an action within a specified date or else their claim will be dismissed. This is done to stop evidence from being lost or lost and to stop those who delay bringing litigation related to an incident out for an indefinite period.
The time frame for filing a claim is different from one state to another, but most personal injury claims have a limit of two to four years. However, there are exceptions that can prolong the time a victim has to file their claim and they should seek legal advice for assistance in to determine if your case falls under one of these exceptions.
The statute of limitations applies only to lawsuits filed in the court. Many cases of injury are resolved through the insurance claim process and do not require a formal lawsuit filing. However, it is important to leave yourself plenty of time to take legal action in the event that insurance negotiations don't follow the plan or an issue arises that can't be addressed by the insurance system.
Certain circumstances can stop the clock on the statute of limitations however these cases are rare and generally need to be considered on a case-by-case basis. For example the statute of limitations may not start running until a victim discovered or reasonably should have discovered that their injury was caused by a negligent actions, and in some states, such as New York, the statute of limitations is different for claims against municipalities.
Complaint
A personal injury lawsuit is brought by a victim against the person who caused the injury. It asserts that the defendant violated their duty of care, and that this breach resulted in harm and losses for the plaintiff. The defendant is then accountable for the damages.
The complaint is the initial document that you file in a personal injury lawsuit. It provides detailed details about the incident that led to your injuries, and the damages you are seeking. The complaint also contains the "prayer for relief" that describes what you want the court to do. The complaint must be served on the defendant along with a summons which is a notification that they are being sued.
After the complaint is filed, the defendant must respond to the complaint within a specific time frame, and 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 as third party defendant.
A successful personal injury lawsuit is based on solid evidence, such as medical records and witness testimony. 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 defendants' attorneys or insurance companies to get the best possible settlement offer.
Preliminary Conference
In a personal injury case 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 your injuries are a valid reason for financial compensation.
This can be a long process, but the trial is where you will be able to determine if you'll receive the compensation you're entitled to. In a trial before a jury, your lawyer will argue that the defendant is responsible and has to pay for your losses. The defendant will present evidence that their actions are not related to the accident, which will keep them from having to compensate you for your losses.
You must attend a pre-trial meeting before proceeding with the trial. This is the first time that your case is subject to deadlines set by a judge. This is also when your lawyer will discuss the case with the defense.
A judicial registrar, or an official of the court's staff, usually conducts preliminary conferences. All parties must attend the initial conference in person unless the case has been handled by New York's Differentiated Case Management Rule or the Rules are otherwise exempted. If, however, a person cannot attend in person, they may participate via telephone or on the internet, with the consent of the convenor. If your case is to be a part of the Differentiated Case Management program, a preliminary conference will also be a chance to determine whether your case falls under one of the three classifications - expedited, standard or complex.
Bill of Particulars
After the summons and complaint are filed, the defendants named in the lawsuit will have between twenty and thirty days (although this deadline can be extended by the court). Once the Answer is filed, the case moves into what is called the discovery phase. In this phase the parties exchange information via written discovery demands and depositions.
The lawyer for the plaintiff prepares the Bill of Particulars at the conclusion of the discovery. The document details the legal claims being made and the relief sought, usually the award of damages in cash. The Bill of Particulars is intended to put the defendant on notice of the specific legal claims being filed so that they can prepare effectively for trial.
Before a Bill of Particulars can be accepted, it must be reviewed by the court. In general, courts will only accept a Bill of Particulars that is not overbroad or vague. A Bill of Particulars should be limited to the specific acts of negligence claimed and should not add new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ) for instance, was a case where the court ruled that the plaintiff had not been negligent. 1994), the court sustained the motion to strike all references to intentional and willful acts from a medical negligence claim.
Similarly, YouTube will not allow addition of a new theory of recovery at an unreasonable late stage in the case. 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 stating an acceptable explanation for the lateness of the amendment.
Physical Examination
If a defense attorney or insurance company demands that you take part in an Independent Medical Examination (IME) the first reaction may be to question why a doctor who does not know you, your medical history, and the details of your accident is being asked to conduct an exam. However, this type of examination is actually a requirement under Washington law and could be beneficial in your case.
Typically, IMEs are conducted by doctors medical who are hired by the insurance company of the defendant and their aim is to provide a different perspective on your injuries. These physicians, who are sometimes called "independent", have their own agendas and financial stakes in reducing the amount of compensation that can be awarded to injured victims.
If you decide to undergo an IME the Orange County personal injury lawyer will ensure that you are aware of what to expect. They will provide copies of all relevant medical records to the doctor to look over. Your lawyer will also be present at the IME and can ensure that you are being examined in a fair manner by ensuring that the doctors ' questions aren't divergent from the ones in your medical records. It is important to not play with the extent of your injuries with these doctors, as they are trained to recognize dishonesty and may utilize this information against you at trial.