What is a Personal Injury Lawsuit?
You could be entitled to compensation if you have suffered injuries due to the actions or inactions of someone else. Contact a seasoned personal injury lawyer to learn more about your rights.
A personal injury lawsuit is a civil action where the plaintiff is seeking compensation for their losses, including medical expenses, lost wages, property damage and other expenses. The process can take anywhere between a few months and several years.
Damages
A personal injury lawsuit is a process to compel a person or entity to pay you money for damages related to an accident. The person who is injured is referred to as the plaintiff, while the parties responsible are referred to as defendants. If someone dies as a result of inattention or negligence of others, wrongful death cases can be included in personal injury lawsuits.
Damages are typically classified into two categories: compensatory and punitive. Compensation damages are based on medical bills, pain and suffering compensation, and other out-of-pocket expenses. Punitive damages are not common and are intended to penalize the perpetrator for their extreme behavior.
This category covers all expenses that result from the injury or accident. This could include hospital bills medical expenses, doctor's charges and physical therapy costs. In some cases other expenses such as the cost of travelling to and from appointments, or modifications to your home to accommodate permanent disabilities could be included in an insurance claim.
Non-economic damages are commonly referred to as "pain and suffering" damages. These damages are more difficult to quantify, and comprise the emotional distress and mental stress that accidents can cause. Your lawyer will help you value these damages based on the extent of your injury. This might be based on your ability to continue enjoying the activities you previously enjoyed or the loss of your relationship with family members.
Statute of Limitations
A legal requirement known as the statute of limitation requires that anyone who is injured in an accident must file an action within a specified date or the claim will be dismissed. This is to stop evidence from being forgotten or lost, and to prevent people from dragging incident-related litigation out indefinitely.
The time frame for filing a claim varies from one state to another, but the majority of personal injury lawsuits have a limit of two to four years. There are certain exceptions to the time to file an injury claim. If you need help in determining whether your case falls under 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 only applies to the filing of a lawsuit in a court. Insurance claims are typically used to resolve injuries and do not require formal lawsuits. It is still essential to allow yourself sufficient time to file a lawsuit in the event that insurance negotiations do not go as planned or if a problem arises that is not resolved by insurance.
A few circumstances can pause the statute of limitations clock however, these situations are very rare and have to be considered on an individual case-by-case basis. For instance, the statute of limitations may not begin to run until a victim has discovered or should have reasonably discovered that their injuries were caused by a negligence, and in some states, such as New York, the statute of limitations is different for claims against municipalities.
Complaint
A personal injury lawsuit is brought by a victim against the person who caused the injury. It claims that the defendant violated their duty of care, and that this breach caused damage and losses for the plaintiff. The defendant is held responsible for these damages.
The first document filed with a personal injury lawsuit is called the complaint, and it contains detailed allegations about the incident that led to your injuries. It also lists the damages you seek. The complaint also contains a "prayer of relief" which outlines what you want the court to do. The complaint and summons must be delivered to the defendant.
After the complaint is filed, the defendant must submit an answer to the complaint within a specified time frame, and may either deny or admit the allegations in the complaint. The defendant may also file a counterclaim against the plaintiff or bring in a different defendant as third-party defendant.
A successful personal injury lawsuit relies on solid evidence such as medical documents and testimony from witnesses. We work closely together with our clients to collect the relevant information and incorporate it in the case. The evidence we have can also assist us to negotiate with defendants' lawyers or insurance agents to negotiate the most favorable settlement offer.
Preliminary Conference
In a personal-injury case, your lawyer must prove that negligence on the part of the defendant caused your accident. You must also prove you were injured in your accident and that the injuries are worth the amount of financial compensation.
It's a long process, but it is at the trial that you'll finally know if you will be awarded the compensation you are entitled to. In a trial before jurors, your lawyer will argue the defendant's liability and that they must pay for your losses. The defendant will present evidence that their actions are unrelated 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 the first time your case will be subject to deadlines imposed by a court. It is also the time that your attorney will discuss the case with the defense.
A judicial registrar, also known as an individual from the court staff, typically holds preliminary conferences. All parties must attend the preliminary conference in person unless the case has been handled in accordance with the New York's Differentiated Case Management Rule or the Rules are exempted in other ways. If a person is unable to attend in person, the convenor may permit them to attend via phone or via the internet. If your case will be part of the Differentiated Case Management Program, an initial meeting also provides an opportunity to determine whether your case falls into one of three categories: complicated or expedited standard.
Bill of Particulars
After the complaint and summons are filed, the defendants named in the lawsuit will have twenty to thirty days (although this deadline is able to be extended by the court). Once Deerfield Beach injury lawsuit is filed, the case is moved to what is called the discovery phase. In this phase both sides exchange information in the form of written demand for discovery and depositions.
Following the conclusion of discovery the attorney representing the plaintiff drafts what is called a Bill of Particulars. This document outlines the legal claims 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 that are made to help them prepare for trial.
Before a Bill of Particulars can be followed, it has to be examined 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 instance in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. 1994) the court granted the motion to strike references to intentional and willful acts from a medical negligence claim.
The court will not allow a new doctrine to be introduced at any point in the case that is unreasonably late. To avoid prejudice, a belated amendment to the Bill of Particulars should only be permitted if supported by an affidavit offering an adequate explanation for the lateness of the amendment.
Physical Examination
If a defense attorney, or an insurance company requests that you attend an Independent Medical Examination (IME) the first reaction may be to question why a doctor who does not know you, your medical history, and the specifics of your incident is requested to conduct an exam. However, this type of examination is actually a requirement under Washington law, and it could be beneficial to your case.
IMEs are typically performed by doctors who are employed by the insurance company of the defendant. Their goal is to offer a different view of your injuries. While they are sometimes referred to as "independent," these physicians - just like the insurance companies have their own agendas and financial motives in decreasing 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 you can expect from an IME and will provide a copy to the doctor of all relevant medical records. Your lawyer will be present during the IME to make sure that the questions asked by the doctor are in accordance with your medical records. You should not downplay or exaggerate the severity of your injury to the doctors. They are trained to spot fraud, and may use this information at trial.