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What is a Personal Injury Lawsuit?

If you have been injured by another person's actions or inactions, you may be entitled to compensation. Contact a seasoned personal injury lawyer to learn more about your rights.

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

Damages

A personal injury lawsuit is a legal proceeding to compel a person or entity to pay you compensation for the damage caused by an accident. The plaintiff is the injured party, and the defendants are responsible. Personal injury cases can also include the wrongful death of a person who dies because of the negligence or wrongdoing of others.

Damages are typically classified into two categories: compensatory and punitive. Compensation damages are based on medical bills as well as pain and loss compensation, and other out-of-pocket expenses. Punitive damages are not common and designed to punish the wrongdoer for extreme conduct.

This category covers all expenses caused by the accident or injury lawsuits. This could include hospital bills medical expenses, doctor's charges and physical therapy costs. Certain claims could also include additional costs, like travel costs to and from appointments or modifications to your home to accommodate a disability that is permanent.

Non-economic damage can also be called "pain and suffer" damages. These are more difficult to quantify and are a result of the emotional distress, mental anguish and suffering that an accident can cause. Based 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 participate in activities that you were previously able to enjoy or the loss of your relationship with family members.

Statute of limitations

Under a legal rule called the statute of limitations, any person who is injured in an accident must make a claim within a specified time or their claim will be rejected by the courts. This is to stop evidence from being forgotten or lost, and also to stop people from dragging incident-related litigation out for a long time.

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

A key aspect of the statute of limitations is that it only applies to the filing of a lawsuit in a court. Many injury cases are resolved through the process of claiming insurance and do not require formal lawsuit filing. It is important to give yourself enough time to bring a lawsuit in the event that insurance negotiations aren't as smooth as you had hoped, or if a problem occurs that cannot be resolved with insurance.

Certain circumstances may stop the statute of limitations clock however these cases are rare and generally need to be analyzed on a case-by-case basis. The statute of limitations may not start until the person realizes or should have realized that the injury was caused by someone else's negligence. In some states, such as New York, it 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 who caused the injury. The plaintiff claims that the defendant breached their duty of care and this breach resulted in harm and losses for the plaintiff. The defendant is then accountable for the damages.

The first document you file with a personal injury lawsuit is known as the complaint, and it contains specific details about the incident that led to your injuries and outlines the damages you're seeking. The complaint also contains a "prayer of relief" which outlines what you would like the court to do. The complaint must be served to the defendant with a summons that is a notice that they are being sued.

After the complaint is filed, the defendant is required to respond to the complaint within a specific time period, and they will either admit or deny the allegations made in the complaint. The defendant can also file a counterclaim, or add another defendant to the case as 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 gather all relevant information and then include it 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 lawsuit, your lawyer must prove that negligence on the part of the defendant led to your accident. You must be able to prove that you sustained injuries due to your accident and that those injuries warrant financial compensation.

It can be a lengthy process, but it is at the trial that you will find out if you be awarded the compensation you are entitled to. In the trial before a jury the lawyer will argue that the defendant is at responsibility and the need to pay for your losses. The defendant will present evidence that their actions do not contribute to the accident, which will prevent them from having to reimburse you for your losses.

You must attend a pre-trial conference before you can proceed with the trial. This is typically the first time your case will have deadlines established by the Court itself. This is also when your attorney will be discussing the matter with the defense.

Preliminary conferences are typically conducted by a judicial registrar or someone on the court's staff. Unless the case is handled under New York's Differentiated Case Management Rule, or otherwise exempted from the Rules, all participants are required to attend in person. If a party is unable to attend in person they can participate via phone or internet with the permission of the convenor. If your case will be part of the Differentiated Case Management Program, an initial meeting also provides an opportunity to determine if your case falls within one of three categories: advanced standard or complex.

Bill of Particulars

After the summons and complaint have been filed, defendants named in the lawsuit will be given twenty to thirty days (although this deadline is able to be extended by the court). Once the Answer is filed, the matter moves into the discovery phase. During this time the parties exchange information in the form of written demands for discovery and depositions.

At the conclusion of discovery The attorney for the plaintiff prepares what is called a Bill of Particulars. The document details legal claims and the relief sought, usually the award of damages in cash. The Bill of Particulars is intended to inform the defendant notice of the specific legal claims being filed so that he or she can effectively prepare for trial.

The court must review the Bill of Particulars before it is able to be followed. Generally speaking, the court will only comply with a Bill of Particulars that is not vague or broad. A Bill of Particulars must only include the specific acts of negligence that are being alleged, and not add any new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ) for instance was a case where the court concluded that the plaintiff had not been negligent. In 1994, the court upheld a motion to strike any references to willful or intentional acts in a medical malpractice case.

The court will not allow introduction of a new doctrine of recovery at an unreasonably late point in the action. To avoid causing prejudice, any late amendment to the Bill of Particulars must be supported by an affidavit, which provides a reasonable explanation for the tardiness of the amendment.

Physical Examination

It is possible to ask why a doctor, who doesn't know you, or your medical history, and isn't familiar with the details of your accident, should be required to conduct a medical examination. However, this type of examination is actually required under Washington law and can be helpful to your case.

IMEs are typically conducted by doctors hired by the insurer of the defendant. Their goal is to provide an alternative view of your injuries. These doctors, who are sometimes referred to as "independent" and have their own agendas and financial stakes in reducing the amount of compensation which can be given to victims of injuries.

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 injury will be present during the IME to ensure that the questions posed by the doctor are consistent with your medical records. It is essential to avoid playing with the severity of your injuries with these doctors, as they are trained to recognize the deceit and may utilize this information against you at trial.