What is a Personal Injury Lawsuit?
You may be entitled to compensation if you have been injured due to the actions or inactions of someone else. To find out more about your legal rights get in touch with a seasoned personal injury lawyer.
A personal injury lawsuit is a civil dispute in which the plaintiff seeks money to cover their losses, which include medical bills, lost wages, property damage, and other costs. The process can take anywhere from several months to several years.
Hayward injury attorneys YouTube is a legal proceeding which is filed to force another person or entity to compensate you compensation for damages caused by an accident. The plaintiff is the victim, and the defendants are the parties responsible. Personal injury cases can also include cases of wrongful death when someone dies because of the negligence or wrongdoing of others.
Damages are usually divided into two categories: compensatory and punitive. Compensatory damages are intended to ensure that the victim is completely for good, including out-of-pocket costs such as medical bills and compensation for suffering and pain. Punitive damages, which are rare and are designed to punish the perpetrator for committing extreme crimes.
The first type of damages is often referred to as "economic damages." This is the term used to describe all out-of-pocket expenses associated with the accident or injury. These could include doctor's bills, hospital costs and physical therapy costs. In some cases additional expenses, such as the cost of traveling to and from appointments or changes to your home for permanent disabilities could also be included in an insurance claim.
Non-economic damage can also be described as "pain and suffer" damages. These damages are harder to quantify, and they include the emotional distress and mental anguish that accidents 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 the capacity to perform the things you did before or your loss in consortium with your family.
Statute of Limitations
A legal rule known as the statute of limitations obliges anyone injured in an accident must file an action within a specified date or else the claim will be dismissed. This is to stop evidence from being forgotten or lost, and to prevent those who delay bringing litigation related to an incident out indefinitely.
The exact duration of time differs from state to state, however, personal injury claims typically have a two-to four-year time limit. However, there are exceptions that can extend the amount of time a victim has to file their claim and they should seek legal advice for help determining whether or not their case falls within one of these exceptions.
A key aspect of the statute of limitations is that it applies only to the filing of an action in court. Insurance claims are usually used to settle injury cases and do not require formal lawsuits. However, it is important to allow yourself plenty of time to take legal action in the event that negotiations do not go as planned or there is a problem that cannot be addressed by the insurance system.
Certain circumstances can stop the clock on the statute of limitations, but they are rare and need to be evaluated on a case-by-case basis. For example the statute of limitations may not start to run until a victim discovered or ought to have realized that their injury was caused by another person's negligence, 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 case brought by an injured person against the person or entity who caused the injury. It asserts that the defendant violated their duty of care, and that this breach resulted in harm and losses for the plaintiff. The defendant is then held accountable for the losses.
The first document filed with a personal injury lawsuit is referred to as the complaint, and it includes specific allegations regarding the incident that led to your injuries. It also outlines the damages you're seeking. It also contains a "prayer for relief" which outlines what you want the court to do. The complaint must be served on the defendant along with a summons, which is a notice that they are being sued.
The defendant must respond to the complaint within certain deadlines and either admit or deny the allegations made in the complaint. The defendant may also file a counterclaim or add a third party defendant to the case by naming a third party defendant.
A successful personal injury lawsuit depends on solid evidence, including medical records and testimony from witnesses. We collaborate closely with our clients to ensure that all relevant information is gathered and included in the case. The evidence we have will also assist us in negotiate with defendants' attorneys or insurance agents to obtain the best settlement offer.
Preliminary Conference
In a personal injury case your lawyer must show that negligence on the part of the defendant caused your accident. You must also prove you suffered injuries in your accident and that the injuries are worth an amount of money.
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 liable and must pay you for the losses you suffered. The defendant will provide evidence to show that their actions are not connected to the accident. This will prevent the defendant from paying for your losses.
You must attend a pre-trial conference prior to proceeding with the trial. This is the first time that your case will be subject to deadlines imposed by a court. This is also when your lawyer will discuss the case with the defense.
A judicial registrar, or a member of the court's staff, typically conducts preliminary conferences. All parties must attend the initial conference in person unless the case is handled under New York's Differentiated Case Management Rule or the Rules are exempted in other ways. If, however, a person is unable to attend in person they are able to take part via phone or online with the permission of the convenor. If your case is scheduled to be part of the Differentiated Case Management program, the preliminary conference will be a chance to determine whether your case falls under one of the three classifications - expedited, standard or complex.
Bill of Particulars
When a summons and complaint are filed, the defendant parties named in the lawsuit have twenty or thirty days to respond (although this deadline can be extended if the court gives consent). Once the Answer is filed, the case enters what is called the discovery phase. During this time, both sides exchange information in the form of written discovery demands and depositions.
Following the conclusion of discovery the attorney representing the plaintiff drafts what is called a Bill of Particulars. This document outlines legal claims 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 filed so that they can prepare effectively for trial.
Before a Bill of Particulars can be followed, it has to be reviewed by the court. Generally, the court will only comply with a Bill of Particulars that is not vague or overly broad. A Bill of Particulars must only include the specific acts of neglect that are being claimed and must not include new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ) for instance was a case where the court concluded that the plaintiff was not negligent. 1994) the court granted a motion to strike all references to intentional and willful acts from a medical malpractice claim.
The court will not allow introduction of a new theory of recovery at a disproportionately late stage in the litigation. To avoid prejudice, any late amendment to a Bill of Particulars must be supported by an affidavit which gives a reasonable explanation for the lateness of this amendment.
Physical Exam
When a defense attorney or insurance company requests that you attend an Independent Medical Examination (IME) the first reaction could be to wonder the reason a doctor who may not know you and your medical history and the details of your injury is requested to conduct an exam. But, this type of exam is actually an obligation under Washington law, and it could be beneficial in your case.
Typically, IMEs are conducted by medical doctors who are employed by the defendant's insurance company and aim to offer a different view of your injuries. While they are sometimes referred to as "independent," these physicians, just like insurance companies have their own agendas and financial stake in cutting down on the amount of compensation that could be given to a victim of injury.
Your Orange County personal injury attorney will ensure that you are aware of what you can expect from an IME and will provide an IME doctor with a copy of all pertinent medical records. Your lawyer will be present during the IME to ensure that the questions posed by the doctor are in line with your medical records. It is not advisable to downplay or exaggerate the severity of your injury to the doctors. They are trained to spot fraud, and may utilize this information in court.