What is a Personal Injury Lawsuit? If you've been hurt by another person's actions or inactions, you may be entitled to compensation. Contact a seasoned personal injury attorney to learn more about your rights. A personal injury lawsuit is civil dispute where the plaintiff seeks compensation for their losses. This can include medical bills or lost wages, as well as property damage. The process can last between a few months and several years. Damages A personal injury lawsuit is a legal proceeding to force another person or entity to pay compensation for the damages resulting from an accident. The injured party is known as the plaintiff, while the responsible parties are called defendants. If someone dies as a result of negligence or wrongdoing by others the wrongful death case are often included in personal injury lawsuits. Damages are usually divided into two categories: compensatory and punitive. Compensation damages can include medical bills as well as pain and suffering compensation and other out-of pocket expenses. Punitive damages are not common and designed to punish the wrongdoer for extreme conduct. The first category of damages is typically referred to as economic damages. This covers all out-of-pocket expenses associated with the accident and injuries. These may include hospital expenses as well as doctor's fees and therapy costs. In some instances additional expenses, such as the cost of travelling to and from appointments, or modifications to your home for permanent disabilities could be included in the claim. Largo injury attorneys You Tube -economic losses are often called pain and suffering damages. These are more difficult to quantify and are a result of the emotional distress, mental anxiety and suffering caused by accidents. Depending on the severity of your injuries, your lawyer will assist you to place a value on the damages. This could be based on your ability to continue enjoying the activities you were previously able to enjoy or your loss of connection with family members. Statute of limitations A legal requirement, known as the statute of limitations, anyone who suffers an injury in an accident must file a lawsuit within a specified time or the claim will be rejected by the courts. This is to protect evidence from being lost or forgotten and to prevent people from dragging out litigation relating to incidents for an indefinite period. The exact time limit varies from one state to another, but the majority of personal injury lawsuits have a time frame of between two and four years. There are some exceptions to the time limit for filing a claim. If you need help determining if your case falls within one of these exceptions, it is recommended that you seek legal advice. One of the main facets of the statute of limitations is that it applies only to the filing of an action in a court. A majority of injuries cases are resolved through the process of filing an insurance claim and do not require a formal lawsuit filing. It is still important to give yourself enough time to bring 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 can stop the clock on the statute of limitations, however they are not common and have to be assessed on a case by case basis. For example, the statute of limitations might not begin to run until the victim discovers or should have reasonably discovered that their injuries were caused by a negligent actions. In certain states, like New York, the statute of limitations is different for claims against municipalities. Complaint A personal injury lawsuit is a civil action initiated by a victim against the person or entity who caused the injury. It alleges that the defendant violated a duty of care, and that the breach caused harm and losses to the plaintiff, and that the defendant is accountable for the losses. The first document filed in a personal injury lawsuit is referred to as the complaint. It includes specific allegations regarding the incident that led to your injuries. It also lists the damages you are seeking. The complaint also contains an prayer for relief that outlines what you would like the court to do. The complaint must be served to the defendant with a summons which is a notification that they are being sued. The defendant must respond to the complaint within certain time frames and either accept or deny all the allegations contained 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, which includes medical documents and witness testimony. We collaborate closely with our clients to ensure that all relevant information is collected and included in the case. The evidence will also help us negotiate with the attorney of the defendant or insurance companies to negotiate the best settlement offer possible. Preliminary Conference In a personal injury case your lawyer must show that negligence on the part of the defendant caused your accident. You must also prove that you suffered injuries in your accident and that your injuries are worthy of the amount of financial compensation. This can be a long process, but the trial is when you can finally determine whether you'll receive the compensation you deserve. In a jury trial your lawyer will argue that the defendant is accountable and is required to compensate you for your losses. The defendant will provide evidence that their actions are not related to the accident, which will prevent them from having to pay you for your losses. Before proceeding to trial, you must attend a preliminaries conference. This is the first time your case will be subject to deadlines imposed by a court. This is also when your attorney will discuss the matter with the defense. A judicial registrar, or an individual of the court's staff, typically holds preliminary conferences. If the case is handled under New York's Differentiated Case Management Rule, or otherwise exempted from the Rules the participants are required to attend in person. If a party is unable to attend in person they may participate via phone or internet with the approval of the convenor. If your case is going to be part of the Differentiated Case Management program, the preliminary conference will provide an opportunity to determine whether your case falls within one of the three categories that are expedited, standard, or complex. Bill of Particulars After a complaint and summons are filed, the defendant parties identified in the lawsuit are given twenty or thirty days to file an Answer (although this deadline may be extended with the court's permission). When the Answer is filed, the case is moved to what is called the discovery phase. During this stage both parties exchange information through written demands for discovery and depositions. At the conclusion of discovery the attorney representing the plaintiff drafts what is known as a Bill of Particulars. This document provides the legal claims that are being made and the relief sought, usually an award of money damages. The Bill of Particulars is intended to inform the defendant notice of the specific legal claims being made, so that they can effectively prepare for trial. Before a Bill of Particulars can be accepted, it must be scrutinized by the court. In general, a court will only accept the Bill of Particulars if it is not vague or broad. A Bill of Particulars must only include the specific acts of negligence that are being alleged and not include any new claims. For example in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. In 1994, the court upheld the motion to strike all any references to willful or intentional acts in a medical malpractice case. The court will also not allow a new doctrine to be added at an point in the action that is unreasonablely late. To avoid prejudice, a belated amendment to a Bill of Particulars should only be allowed if accompanied by an affidavit offering an adequate explanation for the lateness of the amendment. Physical Examination When a defense attorney or insurance company demands that you take part in an Independent Medical Examination (IME) the first reaction may be to question the reason a doctor who may not know you, your medical history, and the specifics of your accident is being required to conduct an examination. But, this type of exam is actually an obligation 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 goal is to offer a different view of your injuries. These doctors, sometimes called independent, have their own agendas and financial interests in reducing the amount of compensation that can be awarded to injured victims. Your Orange County personal injury attorney will ensure that you are aware of what you can 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 posed by the doctor are in accordance with your medical records. Do not underplay or exaggerate the severity of your injuries to these doctors. They are trained to detect fraudulent behavior, and can use this information at trial.
Largo injury attorneys You Tube
