5 Killer Quora Questions On Injury Lawsuit
What is a Personal Injury Lawsuit?
You may be entitled to compensation if were injured as a result of the actions or inactions of another person. To find out more about your legal rights, contact an experienced personal injury lawyer.
A personal injury lawsuit is a civil action in which the plaintiff seeks money to compensate for their losses, such as medical expenses, lost wages, damages to property and other expenses. The process can take anywhere from several months to a few years.
Damages
A personal injury lawsuit is an action to force another person or entity to pay money for damages related to an accident. The plaintiff is the victim, and the defendants are the parties accountable. If someone dies as a result of inattention or negligence of others the wrongful death case can be included in personal injury lawsuits.
Damages are usually divided into two categories: punitive and compensatory. Compensation damages can include medical bills, pain and suffering compensation, and other out-of-pocket expenses. Punitive damages are rare and are intended to penalize the wrongdoer for extreme conduct.
This category covers all expenses caused by the injury or accident. These could include hospital bills medical expenses, doctor's charges and physical therapy costs. In some cases other expenses such as the cost of travel to and from appointments, or changes to your home to accommodate permanent disabilities may also be included in the claim.
Non-economic losses are often described as "pain and suffering" damages. These damages are difficult to quantify, and they comprise the emotional distress and mental stress that accidents can cause. Your lawyer can help you determine the value of these damages based on the extent of your injury. It could be based on your ability to participate in activities that you were previously able to enjoy or your loss of connection with family members.
Statute of limitations
In a legal rule known as the statute of limitations, anyone who suffers injury as a result of an accident must make a claim within a certain time frame or the claim will be rejected by the courts. This is to protect evidence from being lost or forgotten and to stop people from carrying out litigation relating to incidents for an indefinite period.
The time frame for filing a claim differs from one state another, but most personal injury claims have a time limit of between two and four years. However there are exceptions that could extend the amount of time that a victim must make a claim, and they should seek legal advice when to determine if their case falls into one of these exceptions.
The statute of limitations applies only to lawsuits that are filed in court. Insurance claims are typically used to settle injury cases and do not require formal lawsuits. But, it's important to allow yourself enough time to take legal action in the event that insurance negotiations fail to go as planned or there is a problem that cannot be resolved through the insurance system.
Some circumstances can pause the clock on the statute of limitations, but they are extremely rare and have to be considered on a case by case basis. Hayward of limitation may not start until the person discovers or should have known that the injury was caused by someone else's negligence. In some states, like New York, it is different for claims that are made against municipalities.
Complaint
A personal injury lawsuit is filed by the victim against the party 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 liable for those damages.
The first document filed in a personal injury lawsuit is called the complaint, and it contains detailed allegations about the incident that caused your injuries and outlines the damages you seek. The complaint also includes the "prayer of relief" which describes what you want the court to do. The summons and complaint must be handed over to the defendant.
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 make a counterclaim against the plaintiff or bring in another defendant as third-party defendant.
A successful personal injury lawsuit is built on solid evidence, such as medical records and witness testimony. We work 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 defendant's attorneys or insurance representatives to get the best settlement offer possible.
Preliminary Conference
In a personal injury case the attorney for you must prove that the negligence 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 the trial is where you will be able to determine if you'll be awarded the damages you deserve. In a trial before a jury, 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 are not related to the accident, which will keep 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 often the first time your case will be subject to deadlines set by the Court itself. It is also the time when your lawyer will discuss the case with the defense.
Preliminary meetings are usually held by a judicial registrar, or an individual from the court's staff. All parties must attend the initial conference in person unless the case is handled in accordance with the New York's Differentiated Case Management Rule or the Rules are otherwise exempted. However, if a party is unable to attend in person, they can take part via phone or online with the permission of the convenor. If your case will be part of the Differentiated Case Management Program, a preliminary meeting is also an opportunity to determine whether your case falls under one of three categories namely expedited standard or complex.
Bill of Particulars
After the complaint and summons have been filed, defendants named in the lawsuit will be given twenty to thirty days (although this time frame may be extended by the court). After the Answer is filed, the case moves into what is known as the discovery phase. During this stage the parties exchange information via written demands for discovery and depositions.
The lawyer of the plaintiff drafts the Bill of Particulars at the end of the discovery. The document details legal claims 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 he or she is able to effectively prepare for trial.
Before a Bill of Particulars can be followed, it has to be reviewed 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 claimed and not include any new claims. For instance, in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. In 1994, the court affirmed a motion to strike any references to willful or intentional actions in a medical malpractice case.
Similarly, the court will not permit the introduction of a new theory of recovery at an unreasonable late stage in the case. To avoid causing prejudice, any late amendment to the Bill of Particulars must be supported by an affidavit which gives a reasonable explanation of the tardiness of the amendment.
Physical Exam
If a defense attorney, or an insurance company asks you to take part in an Independent Medical Examination (IME) Your first reaction may be to question why a doctor who does not know you and your medical history and the particulars of your incident is requested to conduct an exam. But, this type of examination is actually an obligation under Washington law and can be helpful in your case.
IMEs are typically performed by doctors who are employed by the defendant’s insurance company. Their aim is to offer a different view of your injuries. These physicians, who are sometimes referred to as "independent" are able to have their own agendas and financial interests in reducing the amount of compensation that can be paid to victims.
If you decide to go through an IME, your Orange County personal injury lawyer will make sure that you are aware of what to expect. They will provide the complete set of medical records for the doctor to review. 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 essential to avoid playing around with the extent of your injuries with the doctors, since they are trained to recognize the deceit and may make use of this information against you in trial.