What is a Personal Injury Lawsuit?

If you've been hurt through the actions or inactions, you could be able to recover compensation. To learn more about your rights under the law get in touch with a seasoned personal injury lawyer.

A personal injury lawsuit is a civil matter in which the plaintiff seeks money to compensate for their losses, including medical bills, lost wages, damages to property and other expenses. The process can take several months to a few years.

Damages

A personal injury lawsuit is an action to force another person or entity to pay compensation for the damage caused by an accident. The plaintiff is the victim and the defendants are responsible. If someone dies as a result of the carelessness or infractions committed by others the wrongful death case are often included in personal injury claims.

Damages are usually divided 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, which are very rare and are intended to punish the perpetrator if they have committed extreme acts.

The first category of damages is usually referred to as “economic damages.” This covers all out-of-pocket expenses associated with the accident or injury. This could include hospital bills as well as doctor's fees and therapy costs. Some claims may also include additional costs, like travel costs to and from appointments, or the need to modify your home to accommodate a disability that is permanent.

Non-economic damages can also be called “pain and suffer” damages. They are more difficult to quantify and include the emotional distress, mental suffering and anguish caused by accidents. Your lawyer will help you determine the value of these damages based on the severity of your injury. This might be based on your ability to participate in activities that you were previously able to enjoy or your loss of consortium with family members.

Statute of limitations

A legal requirement known as the statute of limitation obliges anyone injured in an accident must 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 those who delay bringing litigation related to an incident out for an indefinite period.

The exact duration of time is different from state to state, however personal injury claims generally have a two- to four-year limitation. However, there are exceptions that could extend the amount of time that a victim must file their claim and they should seek legal advice for help to determine if their case falls into one of these exceptions.

The statute of limitations applies only to lawsuits that are filed in 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 allow yourself plenty of time to take legal action just in case insurance negotiations don't take place as planned or if there is a problem that cannot be easily addressed through the insurance system.

Certain circumstances can stop the clock of the statute of limitations however, these situations are rare and generally need to be considered on an individual basis. The statute of limitation may not be established until the victim discovers or should have known that the injury was caused by someone else's negligence. In some states, like New York, it is different for claims that are made against municipalities.

Complaint

A personal injury lawsuit is brought by a victim against the person who caused the injury. It claims that the defendant breached their duty of care and this breach resulted in loss and harm to the plaintiff. The defendant is then held accountable for the losses.

The complaint is the initial document that is filed in a personal injury lawsuit. It contains detailed allegations about the incident that caused your injuries as well as the damages you seek. The complaint also contains the “prayer of relief” that outlines what you would like 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 certain time limits and either admit or deny all the allegations contained in the complaint. The defendant may also make a counterclaim against the plaintiff or introduce another defendant as a third-party defendant.

A successful personal injury lawsuit is built on solid evidence, which includes medical records and witness testimony. Hawthorne injury attorneys work closely with our clients to collect all relevant information and include it in the case. The evidence will also help us negotiate with the defendant's attorneys or insurance agents to obtain the most favorable settlement offer.

Preliminary Conference

In a personal injury case your lawyer must demonstrate that the defendant's negligence caused your accident. You must also prove you suffered injuries in your accident and that these injuries are worthy of the amount of financial compensation.

It can be a lengthy process, but the trial is where you'll be able to decide if you'll get the damages you deserve. In a jury trial, your lawyer will argue that the defendant is accountable and must pay you for your losses. The defendant will present evidence to prove that their actions are not connected to the accident. This will prevent them from paying you for your losses.

Before you can proceed to trial you must attend a preliminary conference. This is the first time that your case is subject to deadlines set by a court. This is also the time when your attorney will be discussing the matter with the defense.

Preliminary conferences are usually conducted by a judicial register or a member of the court's staff. All parties must attend the initial conference in person unless the case has been handled in accordance with New York's Differentiated Case Management Rule or the Rules are otherwise exempted. If a party is unable to attend in person, the convenor is able to permit them to participate via telephone or online. If your case is going 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 categories – expedited, standard or complex.

Bill of Particulars

After the summons and complaint have been filed, defendants named in the lawsuit will have between twenty and thirty days (although this deadline may be extended by the court). When the Answer is filed, the case is moved to what is known as the discovery phase. In this phase both sides exchange information in the form of written discovery demands and depositions.

Following the conclusion of discovery the attorney representing the plaintiff drafts what is known as a Bill of Particulars. The document details the legal claims being made as well as the relief sought, usually an award of money damages. The Bill of Particulars is meant to inform the defendant of the specific legal claims that are made to help them prepare for trial.

Before a Bill of Particulars can be followed, it has to be scrutinized by the court. In general, a court will only abide by a Bill of Particulars if it is not vague or overbroad. A Bill of Particulars must only include the specific acts of neglect that are being asserted and not include any new claims. For example, in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. In 1994, the court affirmed a motion to strike the reference to willful or deliberate actions in a medical malpractice case.

The court will not allow the addition of a new theory of recovery at an unreasonably late stage in the litigation. To avoid prejudice, any late amendment to a Bill of Particulars must be supported by an affidavit that gives a reasonable explanation for the tardiness of the amendment.

Physical Exam

If a defense attorney or insurance company requests that you take part in an Independent Medical Examination (IME) the first reaction could be to wonder the reason a doctor who may not know you or your medical history and the particulars of your injury is required to conduct an examination. However, this kind of examination is actually required under Washington law, and could be beneficial in your case.

IMEs are usually performed by doctors who are employed by the insurance company of the defendant. They are there to offer a different view of your injuries. Although they are sometimes called “independent,” these physicians as well as insurance companies – have their own agenda and financial stake in reducing the amount of compensation that may be given to a victim of injury.

If you choose to undergo 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. They will provide the complete set of medical records to the doctor to look over. Your lawyer will be present during the IME to make sure that the questions asked by the doctor are in line with your medical records. It is important to not play up or down the severity of your injuries to these doctors, as they are trained to recognize the deceit and may make use of this information against you at trial.