What is a Personal Injury Lawsuit?
If you've been hurt by another person's actions or inactions, you could be entitled to compensation. Contact a seasoned personal injury lawyer to find out more about your rights.
A personal injury lawsuit is a civil dispute where the plaintiff is seeking money to compensate for their losses, including medical bills, lost wages, property damage, and other costs. The process can last from several months to several years.
Damages
A personal injury lawsuit is a legal process which is filed to compel another person, or entity, to pay you compensation for damages caused by an accident. Fayetteville injury lawsuits is the injured party and the defendants are accountable. If someone dies as a result of the negligence or wrongdoing by others the wrongful death case can be included in personal injury claims.
The damages of a victim are typically broken down into two groups which are: punitive and compensatory. Compensatory damages are meant to help the victim get back on track for good, including out-of-pocket costs such as medical expenses as well as compensation for pain and suffering. Punitive damages are not common and designed to punish the perpetrator for their extreme behavior.
This category covers all expenses caused by the accident or injury. These might include doctor's bills, hospital costs and physical therapy expenses. Some claims could also cover additional expenses, such as the cost of travel to and from appointments or the need to modify your home to accommodate a disability that is permanent.
Non-economic damages are often described as "pain and suffering" damages. These damages are difficult to quantify and include the emotional distress and mental anguish that an accident can cause. Your lawyer will help you determine the value of these damages based on the severity of your injuries. This might be based on your capacity 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 is injured in an accident must bring a lawsuit within a specific time period or their claim will be rejected by the courts. This is to prevent evidence from being lost or lost in the shuffle and to stop people from carrying out litigation related to an incident for a long time.
The exact duration of time is different from state to state, however, personal injury claims typically have a two-to four-year time limit. However, there are exceptions that may extend the amount of time that a victim must file their claim and they should seek legal advice for help to determine if their case falls into one of these exceptions.
The statute of limitations only applies to lawsuits filed in the court. Insurance claims are usually used to resolve injuries and do not require formal lawsuits. However, it is important to allow yourself enough time to pursue legal action in the event that insurance negotiations don't take place as planned or if there is a problem that cannot be easily addressed through the insurance system.
Certain circumstances may stop the statute of limitations clock however these cases are rare and generally need to be considered on a case-by-case basis. The statute of limitation may not start until the person discovers or should have known that the injury resulted from 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 brought by a victim against the person who caused the injury. It claims that the defendant breached their duty of care, and that this breach resulted in harm and losses for the plaintiff. The defendant is accountable for the damages.
The complaint is the primary document that is filed in a personal injury lawsuit. It contains detailed allegations about the incident that caused your injuries and the damages you want. The complaint also contains the "prayer for relief" that describes what you want the court to do. The complaint must be served to the defendant with a summons that is a notice that they are being sued.
The defendant must respond to the complaint within a set of time limits and either admit or deny all the allegations made in the complaint. The defendant can also file a counterclaim, or add a third party defendant to the case by naming third party defendant.
A successful personal injury lawsuit is built on solid evidence, which includes medical documents and witness testimony. We work closely with our clients to ensure that all relevant information is gathered and included in the case. The evidence we collect will also help us to negotiate with the defendants' attorneys or insurance companies to get the best possible settlement offer.
Preliminary Conference
In a personal injury case, your attorney 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 your injuries are a valid reason for financial compensation.
It's a long process, but it is at the trial that you'll find out if you be awarded the compensation you are entitled to. In a jury trial your lawyer will argue that the defendant is responsible and has to pay for your losses. The defendant will argue that their actions do not contribute to the accident, which prevents them from having to compensate you for your losses.
You must attend a pre-trial meeting before proceeding with the trial. This is the first time that your case is subject to deadlines set by a judge. This is also the time when your lawyer will discuss the case with the defense.
Preliminary conferences are usually conducted by a judicial registrar or a member of the court's staff. Unless the case is being handled under New York's Differentiated Case Management Rule, or is otherwise exempt from the Rules, all participants are required to attend in person. If a person is unable to attend in person, the convenor may permit them to participate via phone or via the internet. 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 within one of three categories: expedited standard or complex.
Bill of Particulars
After the complaint and summons are filed, the defendants named in the lawsuit will be given twenty to thirty days (although this timeframe is able to be extended by the court). After the Answer is filed, the case is moved into what is called the discovery phase. In this period both sides exchange information in the form of written demands for discovery and depositions.
The lawyer of the plaintiff drafts the Bill of Particulars at the conclusion of the discovery. The document details legal claims and the relief sought - typically an award of money damages. 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 prepare effectively for trial.
Before a Bill of Particulars can be accepted, it must be reviewed by the court. Generally, the court will only accept a Bill of Particulars that is not vague or broad. A Bill of Particulars should be limited to the specific negligence that is being claimed and should not add 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. 1994) The court ruled in favor of a motion to strike all 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 unreasonable late. In order to avoid resultant prejudice, a belated amendment to a Bill of Particulars should only be allowed when supported by an affidavit that provides an acceptable explanation for the delay in the amendment.
Physical Examination
It is possible to ask why a doctor who isn't familiar with you or your medical history, and isn't familiar with the details of your accident, should be asked to conduct a medical exam. But, this type of exam is actually a requirement under Washington law, and it can be helpful in your case.
IMEs are usually conducted by doctors employed by the defendant’s insurance company. Their goal is to provide an alternative perspective on your injuries. Although they are often described as "independent," these physicians - just like the insurance companies - have their own agenda and financial interest in cutting down on the amount of compensation that may be granted to a victim who has been injured.
Your Orange County personal injury attorney will ensure that you are aware of what you can expect from an IME and will give the doctor with a copy of the relevant medical records. Your lawyer will be present during the IME to make sure that the questions asked by the doctor are consistent with your medical records. It is not advisable to downplay or exaggerate the severity of your injury to the doctors. They are trained to detect dishonesty, and could utilize this information in court.