What is a Personal Injury Lawsuit?
You may be entitled to compensation if have been injured due to the actions or inactions of another person. Contact a knowledgeable personal injury attorney to learn more about your rights.
A personal injury lawsuit is a civil matter in which the plaintiff seeks compensation for their losses, which include medical expenses, lost wages, damages to property and other expenses. The process can last from several months to several years.
Damages
A personal injury lawsuit is an action to compel another person or entity to pay you compensation for the damages resulting from an accident. The plaintiff is the victim and the defendants are responsible. If Fontana injury attorneys dies as the result of the inattention or negligence of others the wrongful death case can be included in personal injury lawsuits.
The damages a victim suffers are usually broken down into two groups which are: punitive and compensatory. Compensatory damages are meant to make the victim whole and regain their financial security, which includes out-of-pocket expenses such as medical expenses as well as compensation for suffering and pain. Punitive damages are not common and designed to punish the perpetrator for their extreme behavior.
The first category of damages is often referred to as "economic damages." This includes all out-of-pocket expenses associated with the accident and injuries. This could include hospital bills medical expenses, doctor's charges and physical therapy costs. Some claims may also include additional expenses, such as the cost of travel to and from appointments, or home modifications to accommodate a permanent disability.
Non-economic damage can also be referred to by the term "pain and suffer" damages. These damages are more difficult to quantify, and they include the emotional distress and mental anguish that an accident can cause. Based on the extent of your injuries, your lawyer will help you determine the value of the damages. This could be based on the ability to do things you did before or your loss of a relationship with your family.
Statute of Limitations
Under a legal rule called the statute of limitations, anyone who suffers injury as a result of an accident must file a lawsuit within a specific time period or else their claim will be rejected by the courts. This is done to stop evidence from being lost or lost and to stop people from dragging incident-related litigation out for an indefinite period.
The exact time frame is different from state to state however personal injury claims generally have a two-to four-year limit. There are some exceptions to the time to file an injury claim. If you require assistance determining if your case falls within one of these exceptions, then it is recommended that you seek legal advice.
The statute of limitations is only applicable to lawsuits filed in the court. Insurance claims are often used to resolve injury cases and do not require formal lawsuits. It is still important to allow yourself enough time to start a lawsuit in the event that insurance negotiations don't go as planned, or if a problem arises which cannot be resolved through insurance.
A few circumstances can pause the clock on the statute of limitations, but these instances are very rare and have to be considered on an individual case-by-case basis. For instance, 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 certain states, such as New York, the statute of limitations is different for claims against municipalities.
Complaint
A personal injury lawsuit is a civil suit brought by an injured person against the person or entity that caused the injury. The plaintiff claims that the defendant violated their duty of care, and that this breach caused loss and harm to the plaintiff. The defendant is then held accountable for the losses.
The complaint is the primary document that you file in a personal injury case. It contains detailed allegations regarding the incident that caused your injuries, as well as the damages you are seeking. The complaint also includes an "prayer of relief" which describes what you would like the court to do. The complaint and summons must be given to the defendant.
The defendant must respond to the complaint within a set of time frames and either accept or deny all the allegations in the complaint. The defendant may also file a counterclaim against the plaintiff or introduce another defendant as a third-party defendant.
A successful personal injury lawsuit is built on solid evidence, such as medical records and witness testimony. We work closely together with our clients to collect the relevant information and incorporate it in the case. The evidence will also assist us negotiate with the attorney of the defendant or insurance agents to obtain the most favorable settlement offer.
Preliminary Conference
In a personal-injury lawsuit, your lawyer must prove that negligence on the part of the defendant led to your accident. You must also prove you were injured in your accident and that these injuries are worth an amount of money.
This can be a long process, but the trial is when you can finally determine whether you'll be awarded 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 reimburse you for your losses.
You must attend a pre-trial meeting prior to proceeding with the trial. This is usually the first time your case will have deadlines that are set by the Court itself. This is also when your lawyer will discuss the case with the defense.
A judicial registrar, or an individual of the court's staff, typically holds preliminary conferences. Unless the case is handled under 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, 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 part of the Differentiated Case Management Program, a preliminary meeting is also an opportunity to determine if your case falls into one of three categories: advanced standard or complex.
Bill of Particulars
After a complaint and summons are filed, the defendant parties named in the lawsuit have twenty or thirty days to file an Answer (although this deadline can be extended with the court's approval). Once the Answer is filed, the case is moved to what is called the discovery phase. In this phase, both parties exchange information via written demands for discovery and depositions.
After the discovery process is concluded the attorney representing the plaintiff drafts what is called a Bill of Particulars. This document outlines legal claims 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 examined by the court. In general, courts 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 add new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ), for example was a case where the court found that the plaintiff had not been negligent. 1994) The court ruled in favor of the motion to strike references to willful and intentional acts from a medical malpractice claim.
Similarly, the court will not allow introduction of a new doctrine of recovery at an unreasonable late stage in the case. To avoid prejudice, a belated amendment to the Bill of Particulars should only be allowed if accompanied by an affidavit stating a reasonable excuse for the delay in the amendment.
Physical Examination
When a defense attorney or insurance company asks you to attend an Independent Medical Examination (IME) Your first reaction could be to wonder the reason a doctor who may not know you, your medical history, and the details of your incident is requested to conduct an exam. This type of examination, which is required by Washington law, can be beneficial to your case.
Typically, IMEs are conducted by medical doctors who are employed by the defendant's insurance company and their goal is to offer an alternative perspective on your injuries. While they are sometimes described as "independent," these physicians as well as insurance companies - have their own agenda and financial stake in cutting down on the amount of compensation that could be granted to a victim who has been injured.
Your Orange County personal injury attorney will make sure you know what to expect from an IME and will give a copy to the doctor of all pertinent medical records. 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 avoid playing around with the severity of your injuries to these doctors, as they are trained to recognize dishonesty and may use this information against you in trial.