10 Tell-Tale Symptoms You Need To Find A New Injury Lawsuit
What is a Personal Injury Lawsuit?
You could be eligible for compensation if you have suffered injuries due to the actions or inactions of another person. Contact a seasoned personal injury attorney to learn more about your rights.
A personal injury lawsuit is civil dispute in which the plaintiff seeks compensation for their losses. This can include medical bills or lost wages, as well as property damage. The process can last from several months to several years.
Damages
A personal injury lawsuit is a process to force another person or entity to pay you money for damages related to an accident. The plaintiff is the victim, and the defendants are the ones responsible. Personal injury cases can also include wrongful death claims when someone dies due to the negligence or wrongful actions of others.
The damages of a victim are typically divided into two categories: compensatory and punitive. Compensation damages are designed to ensure that the victim is completely for good, including out-of-pocket costs such as medical expenses and compensation for suffering and pain. Punitive damages are not common and are designed to punish the wrongdoer for extreme conduct.
This category covers all expenses caused by the accident or injury. These could include doctor's bills or hospital costs, as well as physical therapy expenses. In some instances, additional expenses like the cost of travelling to and from appointments, or modifications made to your home for permanent disabilities could be included in an insurance claim.
Non-economic damages are often referred to as "pain and suffering" damages. These damages are difficult to quantify, and comprise the emotional distress and mental anguish that accidents can cause. Your lawyer can help you determine the value of these damages based on the severity of your injury. This might be based on the ability to participate in activities that you were previously able to enjoy or the loss of your relationship with family members.
Statute of limitations
A legal requirement known as the statute of limitations stipulates that anyone injured in an accident should file an action before a specific date or else the claim will be dismissed. This is to safeguard evidence from being lost or forgotten and to prevent people from dragging out litigation related to an incident for a long time.
The exact length of time for filing a claim varies from state to state however, personal injury claims typically have a two-to four-year time limit. However, there are exceptions that could prolong the time a victim has to file their claim and they should seek legal advice for assistance in determining whether or not your case falls under one of these exceptions.
A key aspect of the statute of limitations is that it only applies to the filing of an action in a court. Insurance claims are usually used to settle injury cases and do not require formal lawsuits. It is important to allow yourself enough time to file a lawsuit in the event that negotiations with insurance do not go as planned or if a problem arises that cannot be resolved with insurance.
Some circumstances can pause the clock on the statute of limitations, however they are not common and have to be assessed on a case-by case basis. For instance, the statute of limitations may not begin to run until the victim discovers or reasonably should have discovered that their injuries were caused by someone else's negligent actions, and in certain states, such as New York, the statute of limitations is different for claims against municipalities.
Complaint
A personal injury lawsuit is a civil action filed by an injured party against the person or entity that caused the injury. The plaintiff claims that the defendant violated the duty of care, and that this breach caused harm and loss to the plaintiff and that the defendant is accountable for the losses.
The complaint is the first document that is filed in a personal injury lawsuit. It provides detailed details regarding the incident that caused your injuries and the damages you want. The complaint also contains an "prayer of relief" that outlines what you would like the court to do. The complaint and summons must be given to the defendant.
After the complaint is filed, the defendant has to file an answer to the complaint within a specific timeframe, and may either deny or admit the allegations in the complaint. The defendant may also file a counterclaim, or add another defendant to the case as a third party defendant.
A successful personal injury lawsuit is based on solid evidence including medical records and testimony from witnesses. We work closely with our clients to ensure that all relevant information is collected and included in the case. The evidence we collect will also help us to negotiate with the defense attorneys or insurance companies to get the best possible settlement offer.
Preliminary Conference
In a personal-injury case, 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 as a result of your accident, and that those injuries warrant financial compensation.
It's a long process, but it's at the trial that you'll find out if you receive the damages you are entitled to. In a trial before a jury, your lawyer will argue for the defendant's responsibility and the need to be held accountable for your losses. The defendant will present evidence to show that their actions were not related to the accident. This will prevent the defendant from paying for your losses.
Before you can proceed to trial, you must attend a preliminary conference. This is the first time your case will be subject to deadlines imposed by a court. This is also the time that your attorney will discuss the case with the defense.
A judicial registrar, or an individual of the court staff usually conducts preliminary conferences. All parties must attend the initial conference in person, unless the case is handled by New York's Differentiated Case Management Rule or the Rules are exempted in other ways. However, 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 part of the Differentiated Case Management Program, an initial meeting also provides an opportunity to determine if your case falls under one of three categories namely complicated or expedited standard.
Bill of Particulars
After a complaint and summons are filed, the defendant parties named in the lawsuit have the option of having twenty or thirty days to respond (although this deadline can be extended with the court's consent). When the Answer is filed, the case is moved to what is known as the discovery phase. In this phase both sides exchange information in the form of written demand for discovery and depositions.
At the conclusion of discovery the attorney representing the plaintiff drafts what is called a Bill of Particulars. This document provides the legal claims being made and the relief sought - usually the award of damages in cash. The Bill of Particulars is intended to put the defendant on notice of the specific legal claims being made, so that he or she can effectively prepare for trial.
The court must review a Bill of Particulars before it is allowed to be enforced. In general, a court will only accept a Bill of Particulars if it is not vague or broad. A Bill of Particulars should be limited to the specific acts of negligence claimed and should not contain new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ), for example was a case where the court found that the plaintiff had not been negligent. In Thousand Oaks injury lawsuit , the court affirmed the motion to strike out any references to willful or intentional actions in a medical malpractice case.
The court will not allow introduction of a new doctrine of recovery at a disproportionately late point in the action. To avoid prejudice, a 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 Examination
You may question why a doctor, who doesn't know you or your medical history and is unfamiliar with the details of your accident, should be required to conduct a medical examination. However, this kind of examination is actually an obligation under Washington law, and it could be beneficial to your case.
IMEs are typically conducted by doctors employed by the insurance company of the defendant. Their aim is to offer a different perspective on your injuries. While they are sometimes referred to as "independent," these physicians, just like insurance companies have their own agendas and financial stake in reducing the amount of compensation that can be given to a victim of injury.
If you decide to undergo an IME, your Orange County personal injury lawyer will make sure that you are well-informed about what to expect and will provide the complete set of medical records to the doctor to review. Your lawyer will also be present at the IME and can ensure that you are examined fairly by ensuring that the doctors ' questions aren't divergent from the ones you have in your medical records. You should not downplay or exaggerate the severity of your injury to the doctors. They are trained to spot fraudulent behavior, and can make use of this information in a trial.