Don't Stop! 15 Things About Injury Lawsuit We're Tired Of Hearing
What is a Personal Injury Lawsuit?
You could be entitled to compensation if were injured as a result of the actions or inactions of someone else. Contact a seasoned personal injury attorney to learn more about your rights.
A personal injury lawsuit is civil litigation in which the plaintiff seeks compensation for their loss. This includes medical bills as well as lost wages and property damage. The process can last from several months to several years.
Damages
A personal injury lawsuit is a process to force another person or entity to pay you compensation for the damage caused by an accident. The injured party is known as the plaintiff and the parties accountable are known as defendants. Personal injury cases may include cases of wrongful death when someone dies due to inattention or negligence of others.
The damages of a victim are typically broken down into two groups which are: punitive and compensatory. Compensation damages can 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 offender for extreme behavior.
The first type of damages is usually known as "economic damages." This includes the cost of out-of-pocket expenses incurred due to the accident or injury. This could include doctor's fees as well as hospital expenses and physical therapy expenses. In some cases other expenses such as the cost of travel to and from appointments, or changes to your home to accommodate permanent disabilities could also be included in a claim.
Non-economic damages are often described as "pain and suffering" damages. These are more difficult to quantify and involve the mental and emotional stress, anguish and suffering caused by accidents. Your lawyer can help you evaluate these damages based upon the severity of your injuries. This could be based on the capacity to perform the activities you used to or your loss in consortium with your family.
Statute of Limitations
A legal rule known as the statute of limitations obliges anyone injured in an accident file a lawsuit before a certain date or their claim will be dismissed. This is to stop evidence from being lost or lost and 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 most personal injury lawsuits have a limit of between two and four years. There are certain exceptions to the time to file a claim. If you need help to determine if your claim falls under one of these exceptions, it is best to seek legal advice.
A key aspect of the statute of limitations is that it applies only to the filing of a lawsuit in court. Many injury cases are resolved through the insurance claim process and do not require formal lawsuit filing. However, it is important to leave yourself plenty of time to pursue legal action just in case insurance negotiations do not take place as planned or if an issue arises that can't be easily addressed through the insurance system.
Some circumstances can pause the clock on the statute of limitations, but they are extremely rare and have to be evaluated on a case-by-case basis. The statute of limitation may not begin until the victim is aware or should have known that the injury resulted from someone else's negligence. In certain states, like New York, it is different for claims against municipalities.
Complaint
A personal injury lawsuit is brought by the victim against the party who caused the injury. It claims that the defendant violated the duty of care, 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 lawsuit. It provides detailed details concerning the incident that led to your injuries, as well as the damages you are seeking. The complaint also includes a "prayer of relief" that outlines what you would like the court to do. The summons and complaint must be handed over to the defendant.
After the complaint is filed, the defendant has to submit an answer to the complaint within a specified timeframe, and may either deny or admit the allegations 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 relies on solid evidence including medical records and testimony from witnesses. We work closely together with our clients to collect all relevant information and then include it in the case. The evidence we have will also help us to negotiate with the defendants' attorneys or insurance agents to negotiate the most favorable settlement offer.
New Britain injury attorneys
In a personal-injury case, your lawyer must prove that negligence on the part of the defendant led to your accident. You must also prove that you suffered injuries in your accident and that the injuries are worthy of an amount of money.
It can be a lengthy process however, the trial is where you can finally determine whether you'll receive the compensation you deserve. In a jury trial your lawyer will argue that the defendant is accountable and is required to compensate you for the losses you suffered. The defendant will provide evidence that their actions do not contribute 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 your case is subject to deadlines set by a judge. This is also the time when your attorney will be discussing the issue with the defense.
A judicial registrar, also known as an official from the court staff, typically conducts preliminary conferences. All parties must attend the initial conference in person unless the case has been handled under New York's Differentiated Case Management Rule or the Rules are otherwise exempted. If, however, a person is unable to attend in person, they can participate via telephone or on the internet with the permission of the convenor. If your case is to be part of the Differentiated Case Management program, an initial conference can be a chance to determine whether your case falls into one of the three classifications that are expedited, standard, or complex.
Bill of Particulars
After the summons and complaint have been filed, defendants named in the lawsuit will have twenty to thirty days (although this time frame may be extended by the court). Once the Answer is filed, the case is moved into the discovery phase. In this phase both parties exchange information via written discovery demands and depositions.
Following the conclusion of discovery the attorney representing the plaintiff drafts what is called a Bill of Particulars. This document provides the legal claims being made as well as the relief requested - typically the award of damages in cash. The Bill of Particulars is intended to put the defendant on notice of the specific legal claims being made so that they can effectively prepare for trial.
The court must look over a Bill of Particulars before it can be complied with. In general, courts will only abide by a Bill of Particulars that is not vague or broad. A Bill of Particulars should be limited to the specific negligence that is being claimed and should not add new claims. For example in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. 1994) The court ruled in favor of the motion to strike references to intentional and willful acts from a medical malpractice claim.
The court will not allow a new doctrine to be introduced at an stage in the litigation that is unreasonablely late. To avoid causing prejudice, any late amendment to the Bill of Particulars must be supported by an affidavit which gives a reasonable explanation of the tardiness of the amendment.
Physical Exam
If a defense attorney, or an insurance company demands that you take part in an Independent Medical Examination (IME), your natural first instinct may be to question the reason a doctor who may not know you or your medical history and the specifics of your accident is being asked to conduct an exam. However, this kind of examination is actually a requirement under Washington law and can be helpful to your case.
Typically, IMEs are conducted by doctors medical who are hired by the insurance company of the defendant and aim to offer a different perspective to your injuries. These doctors, who are sometimes referred to as "independent", have their own agendas and financial interests in reducing the compensation that can be paid to victims.
If you decide to go through an IME, your Orange County personal injury lawyer will ensure that you are aware of what to expect. They will provide a copy of all relevant medical records to the doctor to review. Your lawyer will also be present at the IME and will make sure that you are being examined fairly by ensuring that the doctors ' questions aren't divergent from those in your medical records. It is essential to avoid playing with the extent of your injuries with these doctors, as they are trained to recognize the deceit and may make use of this information against you in trial.