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What is a Personal Injury Lawsuit?

If you've been hurt through the actions or inactions, you may be entitled to compensation. Contact a knowledgeable personal injury lawyer to learn more about your rights.

A personal injury lawsuit is a civil litigant in which the plaintiff seeks compensation for their losses. This includes medical expenses or lost wages, as well as property damage. The process can last from a few months to a few years.

Damages

A personal injury lawsuit is a process to compel a person or entity to pay you compensation for the damages resulting from an accident. The plaintiff is the victim and the defendants are the ones responsible. If someone dies as the result of carelessness or infractions committed by others the wrongful death case may be part of personal injury lawsuits.

Damages are usually classified into two categories: punitive and compensatory. Compensatory damages are meant to help the victim get back on track and regain their financial security, which includes out-of-pocket expenses such as medical expenses and compensation for pain and suffering. Punitive damages are not common and designed to punish the offender for extreme behavior.

The first category of damages is usually referred to 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, hospital costs and physical therapy expenses. Some claims may also include additional costs, like the cost of travel to and from appointments or the need to modify your home to accommodate a disability that is permanent.

Non-economic damages can also be described as "pain and suffer" damages. These are more difficult to quantify and are a result of the mental and emotional stress, suffering and anguish caused by accidents. Depending on the severity of your injuries your lawyer can help you determine the value of these damages. This might be based on the ability to continue enjoying the activities you used to do or your loss of consortium with family members.

Statute of Limitations

A legal rule known as the statute of limitation stipulates that anyone injured in an accident file an action within a specified date or else the claim will be dismissed. This is to prevent evidence from being lost or forgotten, and to stop people from drag out litigation related to an incident for a long time.

The exact time limit is different from one state to another, but most personal injury lawsuits have a time frame of two to four years. There are certain exceptions to the time limit for filing an injury claim. If you need assistance determining if your case falls within one of these exceptions, it is recommended to seek legal advice.

The statute of limitations only applies to lawsuits that are filed in the court. Insurance claims are often used to resolve injuries and do not require formal lawsuits. But, it's important to leave yourself enough time to take legal action just in case insurance negotiations fail to follow the plan or an issue arises that cannot be addressed by the insurance system.

Certain circumstances may stop the clock on the statute of limitations, however they are rare and need to be evaluated on a case-by-case basis. For instance the statute of limitations may not start running until a victim has discovered or ought to have realized that their injuries were caused by a negligent actions, and in certain states, such as New York, the statute of limitations is different for claims against municipalities.

Complaint

A personal injury lawsuit is filed by a victim against the person who caused the injury. It claims that the defendant breached the duty of care, and that this breach caused harm and loss to the plaintiff, and that the defendant is liable for those damages.

The first document you file with a personal injury lawsuit is known as the complaint, and it contains detailed allegations about the incident that caused your injuries and outlines the damages you seek. The complaint also includes the "prayer of relief" which describes what you want 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 specific time frames and either accept or deny all allegations made in the complaint. The defendant can also file a counterclaim against the plaintiff or introduce another defendant as a third-party defendant.

A successful personal injury lawsuit is based on solid evidence, including medical documents and witness testimony. We work closely with our clients to ensure that all relevant information is gathered and included in the case. The evidence we gather can also assist us to negotiate with defendants' lawyers or insurance agents to obtain the best settlement offer.

Preliminary Conference

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 you were injured in the accident and that the injuries are worth the amount of financial compensation.

This can be a long process, but the trial is when 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 responsible and must pay you for the losses you suffered. The defendant will provide evidence that their actions do not contribute to the accident, which prevents them from having to compensate you for your losses.

Before proceeding to trial you must attend a preliminaries conference. This is the first time that your case is subject to deadlines set by a judge. This is also the time when your attorney will discuss the issue with the defense.

Preliminary conferences are usually conducted by a judicial registrar or a member of the court's staff. Unless the case is handled in accordance with the New York's Differentiated Case Management Rule, or if it is exempted from the Rules, all parties are required to attend in person. If a person is unable to attend in person, the convenor is able to permit them to participate via phone or via the internet. If your case is part of the Differentiated Case Management Program, a preliminary meeting is also an opportunity to determine whether your case falls within one of three categories - complicated or expedited standard.

Danbury injury lawsuit  of Particulars

After the summons and complaint have been filed, 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 has been filed, the case moves into the discovery phase. In this phase, both sides exchange information in the form of written demands for discovery and depositions.

The lawyer of the plaintiff drafts a Bill of Particulars at the end of discovery. This document provides the legal claims being made and the relief sought, usually an award of money damages. The Bill of Particulars is meant to inform the defendant of the specific legal claims made, to help them prepare for trial.

Before a Bill of Particulars can be followed, it must be scrutinized by the court. In general, the court will only abide by the Bill of Particulars if it isn't vague or overly broad. A Bill of Particulars must only include the specific acts of negligence that are being alleged and must not include new claims. For instance, in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. 1994) the court granted the motion to strike references to willful and intentional acts from a medical negligence claim.

In the same way, the court will not allow the introduction of a new doctrine of recovery at a disproportionately late stage in the litigation. In order to avoid resultant adverse consequences, a late amendment to the Bill of Particulars should only be allowed when supported by an affidavit stating an acceptable explanation for the lateness of the amendment.

Physical Exam

You may question why a doctor who isn't familiar with you or your medical history and is unfamiliar with the details of your accident, should be asked to conduct a medical examination. This type of examination is required under 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 provide a different perspective on your injuries. While they are sometimes called "independent," these physicians as well as insurance companies have their own agendas and financial interest in decreasing the amount of compensation that can be given to a victim of injury.

Your Orange County personal injury attorney will ensure that you understand what to expect from an IME and will give an IME doctor with a copy of all relevant medical records. Your lawyer will be present during the IME to ensure that the questions asked by the doctor are in line with your medical records. It is not advisable to downplay or exaggerate the severity of your injury to these doctors. They are trained to detect fraud, and may utilize this information in court.