13 Things About Injury Lawsuit You May Never Have Known

What is a Personal Injury Lawsuit?

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

A personal injury lawsuit is a civil matter where the plaintiff is seeking money to compensate for their losses, including medical bills, lost wages property damage and other expenses. The process can take anywhere from several months to several years.

Damages

A personal injury lawsuit is a legal action that is taken to compel another person, or entity to compensate you for damages resulting from an accident. The plaintiff is the injured party, and the defendants are the ones responsible. Personal injury cases may include wrongful death claims when someone dies due to inattention or negligence of others.

Damages are typically classified into two categories: compensatory and punitive. Compensatory damages are meant to make the victim whole again, including out-of-pocket expenses like medical bills and compensation for pain and suffering. Punitive damages, which are rare and are designed to punish the offender when they have committed a number of extreme crimes.

The first category of damages is usually known as "economic damages." This is the term used to describe the cost of out-of-pocket expenses incurred due to the accident and injuries. These could include doctor's bills, hospital costs and physical therapy expenses. In some cases other expenses such as the cost of travelling to and from appointments, or modifications to your home due to permanent disabilities can be included in a claim.

Non-economic damages can also be called "pain and suffer" damages. These are more difficult to quantify and involve the emotional distress, mental anxiety and suffering that an accident can cause. Your lawyer will help you determine the value of these damages based on the severity of your injury. This may be based on your capacity to perform the activities you used to or your loss of a relationship with family.

Alexandria injury lawsuits  of Limitations

In a legal rule known as the statute of limitations, anyone who suffers injury as a result of an accident must bring a lawsuit within a specific time period or their claim will be dismissed by the courts. This is to protect evidence from being lost or lost in the shuffle and to stop people from carrying out litigation related to an incident for a long time.

The exact time frame is different from state to state, however, personal injury claims typically have a two-to four-year limitation. However there are exceptions that can prolong the time a victim has to submit their claim. They should seek legal advice for help determining whether or not your case falls under one of these exceptions.

The statute of limitations applies only to lawsuits filed in the court. Many injury cases are resolved through the process of claiming insurance and do not require a formal lawsuit filing. It is important to give yourself enough time to bring a lawsuit in the event that negotiations with insurance don't go as planned, or if there is a problem that is not resolved by insurance.

A few circumstances can pause the clock of the statute of limitations, but these instances are rare and generally need to be evaluated on an individual basis. For example the statute of limitations may not start to run until a victim has discovered or ought to have realized that their injuries were caused by another person's negligence, and in certain states, like New York, the statute of limitations differs for claims against municipalities.

Complaint

A personal injury lawsuit is filed by the victim against the person who caused the injury. The plaintiff claims that the defendant violated their duty of care and that this breach resulted in damage and losses for the plaintiff. The defendant is accountable for the damages.

The complaint is the primary document that is filed in a personal injury case. It includes specific allegations about the incident that led to your injuries, as well as the damages you seek. The complaint also contains an "prayer for relief" that outlines what you would like the court to do. The complaint must be served on the defendant, along with a summons which is a notification that they are being sued.

After the complaint is filed, the defendant has to file an answer to the complaint within a specified time frame, and must either accept or deny the allegations made in the complaint. The defendant can also file a counterclaim, or add a third party defendant to the case by naming a third party defendant.

A successful personal injury lawsuit is built on solid evidence, which includes medical records and witness testimony. We work closely with our clients to collect all relevant information and include it in the case. The evidence we collect can also assist us to negotiate with the defense lawyers or insurance agents to obtain the best settlement offer.

Preliminary Conference

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

It can be a lengthy procedure, but it's at the trial that you will be able to determine if you be awarded the compensation you deserve. In a jury trial your lawyer will argue that the defendant is responsible and must pay you for your losses. The defendant will present evidence that their actions are unrelated to the accident, which will prevent them from having to pay you for your losses.

You must attend a pre-trial meeting before proceeding with the trial. This is typically the first time that your case will have deadlines set by the Court itself. It is also the time when your attorney will discuss the case with the defense.

A judicial registrar, or an individual from the court staff, typically holds preliminary conferences. All parties must attend the preliminary conference in person unless the case is handled by New York's Differentiated Case Management Rule or the Rules are otherwise exempted. If, however, a person cannot attend in person, they are able to participate via telephone or on the internet with the permission of the convenor. 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 under one of the three categories which are expedited, standard or complex.

Bill of Particulars

After the summons and complaint have been filed, the defendants named in the lawsuit will have between twenty and thirty days (although this time frame may be extended by the court). After the Answer has been filed, the matter moves into what is called the discovery phase. During this stage both parties exchange information through written discovery demands and depositions.

The lawyer for the plaintiff prepares the Bill of Particulars at the end of the discovery. The document details the legal claims that are 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 being made, so that they can prepare for trial.

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

The court will also not permit a new theory to be added at any point in the action that is unreasonably late. To avoid prejudice, a late amendment to the Bill of Particulars must be supported by an affidavit that gives a reasonable explanation for the delay of this amendment.

Physical Exam

If a defense attorney, or an 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 particulars of your incident is required to conduct an examination. But, this type of exam is actually a requirement under Washington law, and it can be helpful in your case.

Typically, IMEs are conducted by medical doctors who are employed by the defendant's insurance company and their aim is to offer an alternative view of your injuries. These physicians, who are often referred to as "independent", have their own agendas and financial stakes in reducing the amount of compensation that is paid to victims.

If you decide to go through an IME the Orange County personal injury lawyer will ensure that you are aware of what to expect and will provide copies of all relevant medical records for the doctor to examine. Your lawyer will be present during the IME to ensure that the questions posed by the doctor are in accordance with your medical records. Do not underplay or exaggerate the severity of your injuries to the doctors. They are trained to spot fraudulent behavior, and can make use of this information in a trial.