What is a Personal Injury Lawsuit?
You could be entitled to compensation if have suffered injuries due to the actions or inactions of someone else. Contact an experienced personal injury attorney to learn more about your rights.
A personal injury lawsuit is a civil action in which the plaintiff seeks money to compensate for their losses, which include medical bills, lost wages, property damage, and other costs. The process can last from a few months to a few years.
Damages
A personal injury lawsuit is a legal proceeding to force another person or entity to pay you money for damages related to an accident. The injured party is known as the plaintiff, while the responsible parties are called defendants. Personal injury cases can 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: compensatory and punitive. Compensatory damages are intended to make the victim whole and regain their financial security, which includes out-of-pocket expenses such as medical bills and compensation for suffering and pain. Punitive damages, which are not common and are intended to punish the wrongdoer if they have committed extreme acts.
This category covers all expenses incurred as a result of the accident or injury. These may include hospital expenses medical expenses, doctor's charges and physical therapy costs. Some claims could also cover additional expenses, such as the cost of travel 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 damages are harder to quantify, and they include the emotional stress and mental anguish that accidents can cause. Your lawyer will help you evaluate these damages based upon the extent of your injury. This could be based on the ability to do things you were previously able to do or your loss of a relationship with your family.
Statute of limitations
A legal rule known as the statute of limitation requires that anyone who is injured in an accident file an action within a specified date or their claim will be dismissed. This is to protect evidence from being lost or forgotten, and to stop people from carrying out litigation related to an incident for a long time.
The exact length of time for filing a claim is different between states, but personal injury claims typically have a two-to four-year limit. There are certain exceptions to the time to file a claim. If you require assistance in determining whether your case falls within one of these exceptions, then it is recommended that you seek legal advice.
The statute of limitations only applies to lawsuits that are filed in court. Many cases of injury are resolved through the process of claiming insurance and do not require a formal lawsuit filing. Memphis injury lawyer is essential to allow yourself sufficient time to file a lawsuit in the event that negotiations with insurance don't go as planned, or if a problem occurs which cannot be resolved through insurance.
Certain circumstances may stop the clock on the statute of limitations however, these situations are rare and generally need to be evaluated on a case-by-case basis. For instance the statute of limitations might not start to run until the victim discovers or ought to have realized that their injuries were caused by another person's negligent actions, and in certain states, such as New York, the statute of limitations differs 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 their duty of care and the breach caused harm and losses for the plaintiff. The defendant is then held accountable for the losses.
The first document filed in a personal injury lawsuit is referred to as the complaint, and it contains detailed allegations about the incident that caused your injuries and outlines the damages you're seeking. The complaint also contains the "prayer of relief" which outlines what you would like the court to do. The summons and complaint should be given to the defendant.
After the complaint is filed, the defendant is required to respond to the complaint within a certain time frame, and may either deny or admit the allegations in the complaint. The defendant can also file a counterclaim or add a third party defendant to the case as third party defendant.
A successful personal injury lawsuit is built on solid evidence, which includes medical records and witness testimony. We work closely together with our clients to collect all relevant information and include it in the case. The evidence we gather will also assist us in negotiate with the defense attorneys or insurance agents to negotiate the most favorable settlement offer.
Preliminary Conference
In a personal injury lawsuit your lawyer must demonstrate that the defendant's negligence caused your accident. You must also prove that you suffered injuries in your accident and that your injuries are worth an amount of money.
It can be a lengthy process however, the trial is when you will be able to determine if you'll be awarded the damages you deserve. In a trial before jurors the lawyer will argue the defendant's liability and that they must be held accountable for your losses. The defendant will provide evidence that their actions are unrelated to the accident, which prevents them from having to reimburse you for your losses.
Before proceeding to trial you must attend a preliminaries conference. This is usually the first time your case will be subject to deadlines that are set by the Court itself. This is also the time when your attorney will be discussing the issue with the defense.
A judicial registrar, or an official of the court's staff, typically conducts preliminary conferences. All participants must attend the preliminary conference in person unless the case is handled under the New York's Differentiated Case Management Rule or the Rules are otherwise exempted. If a person is unable to attend in person, the convenor can allow them to participate by telephone or online. If your case will be part of the Differentiated Case Management Program, the initial meeting provides an opportunity to determine if your case falls under one of three categories: complicated or expedited standard.
Bill of Particulars
After the complaint and summons are filed, the defendants named in the lawsuit will have between twenty and thirty days (although this timeframe is able to be extended by the court). After the Answer is filed, the case moves into what is called the discovery phase. In this stage the parties exchange information through written discovery demands and depositions.
The lawyer for the plaintiff prepares a Bill of Particulars at the conclusion of the discovery. This document outlines 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 that are made so that they can prepare for trial.
Before a Bill of Particulars can be followed, it has to be examined by the court. Generally, the court will only accept a Bill of Particulars that is not vague or broad. A Bill of Particulars should be limited to the specific acts of negligence being claimed and should not contain new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ), for example, was a case where the court concluded that the plaintiff had not been negligent. In 1994, the court upheld the motion to strike out references to intentional or willful acts in a medical malpractice case.
Similarly, the court will not allow the introduction of a new doctrine of recovery at an unreasonably late point in the action. In order to avoid resultant prejudice, a belated amendment to a Bill of Particulars should only be allowed if accompanied by an affidavit that provides an adequate explanation for the delay in the amendment.
Physical Exam
If a defense attorney or insurance company asks you to take part in an Independent Medical Examination (IME), your natural first instinct may be to question the reason why a doctor who does not know you or your medical history and the details of your incident is asked to conduct an exam. But, this type of examination is actually required under Washington law and could be beneficial to your case.
IMEs are usually performed by doctors who are employed by the defendant’s insurance company. They are there to offer a different view of your injuries. These doctors, who are sometimes referred to as "independent" and have their own goals and financial interests in reducing the compensation that is awarded to injured victims.
Your Orange County personal injury attorney will make sure you know what you can expect from an IME and will give an IME doctor with a copy of the relevant medical records. Your lawyer will also be present at the IME and will ensure that you are being examined in a fair manner by ensuring that the doctors questions do not deviate from the ones in your medical records. It is essential to avoid playing up or down the extent of your injuries with these doctors, as they are trained to recognize dishonesty and may utilize this information against you in trial.