What is a Personal Injury Lawsuit?
If you've been injured due to another's actions or inactions, you may be entitled to compensation. Contact a seasoned personal injury lawyer to learn more about your rights.
A personal injury lawsuit is civil litigation where the plaintiff seeks compensation for their loss. This includes medical expenses as well as lost wages and property damage. The process can last from a few months to several years.
Damages
A personal injury lawsuit is a legal process that is taken to force another individual or entity to compensate you for the damages that result from an accident. The party who suffered the injury is known as the plaintiff, while the responsible parties are called defendants. Personal injury cases can include cases of wrongful death when someone dies due to inattention or negligence of others.
Damages are typically classified into two categories: compensatory and punitive. Compensatory damages are intended to help the victim get back on track for good, including out-of-pocket costs such as medical bills as well as compensation for suffering and pain. Punitive damages are not common and are designed to punish the offender for extreme behavior.
This category covers all costs incurred as a result of the accident or injury. This could include doctor's fees or hospital costs, as well as physical therapy costs. In some cases, additional expenses like the cost of traveling to and from appointments, or changes to your home to accommodate permanent disabilities could also be included in the claim.
Non-economic losses are often referred to as "pain and suffering" damages. These damages are difficult to quantify, and they comprise the emotional distress and mental stress caused by accidents. Depending on the extent of your injuries, your lawyer will assist you to determine the value of these damages. This could be based on the ability to carry out the activities you used to or your loss of a relationship with family.
Statute of Limitations
Under a legal rule called the statute of limitations, any person who suffers an injury in an accident must make a claim within a specific time period or their claim will be dismissed by the courts. This is done to prevent evidence from being lost or lost, and to prevent individuals from dragging litigation relating to incidents out for an indefinite period.
The exact duration of time differs between states, however, personal injury claims typically have a two- to four-year time limit. However, there are exceptions that can extend the amount of time that a victim must make a claim, and they should seek legal advice when to determine if your case falls under one of these exceptions.
The statute of limitations is only applicable to lawsuits that are filed in court. Insurance claims are typically used to resolve injuries and do not require formal lawsuits. But, it's important to leave yourself enough time to file a lawsuit just in case insurance negotiations fail to take place as planned or if an issue arises that cannot be resolved through the insurance system.
Some circumstances can pause the clock on the statute of limitations, however they are extremely rare and have to be assessed on a case-by-case basis. The statute of limitation may not begin until the victim realizes or should have realized that the injury was caused by another's negligence. In certain states, like New York, it is different for claims that are made against municipalities.
Complaint
A personal injury lawsuit is a civil action brought by an injured person against the person or entity that 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 then accountable for the damages.
The first document filed in a personal injury lawsuit is known as the complaint, and it contains detailed allegations about the incident that caused your injuries and outlines the damages you are seeking. The complaint also contains the "prayer of relief" that outlines what you would like 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 frames and either accept or deny all the allegations contained 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 depends on solid evidence, including medical documents and testimony from witnesses. We work closely together with our clients to collect all relevant information and include it in the case. Coral Springs injury attorney have can also assist us to negotiate with defendants' attorneys or insurance agents to negotiate the most favorable settlement offer.
Preliminary Conference
In a personal injury lawsuit the attorney for you must prove that the defendant's negligence caused your accident. You must also prove that you suffered injuries as a result of your accident, and that those injuries warrant financial compensation.
This can be a long process, but the trial is where you can finally determine whether you'll get the damages you're entitled to. In a jury trial your lawyer will argue that the defendant is liable and has to pay for the losses you suffered. The defendant will argue that their actions do not contribute to the accident, which will keep them from having to reimburse you for your losses.
You must attend a pre-trial conference before proceeding with the trial. This is often the first time that your case will have deadlines set by the Court itself. This is also the time when your attorney will be discussing the case with the defense.
Preliminary meetings are usually held by a judicial registrar or a member of the court's staff. All participants 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 party cannot attend in person, they are able to take part via phone or online with the approval of the convenor. If your case is part of the Differentiated Case Management Program, a preliminary meeting is also an opportunity to determine if your case falls into one of three categories: expedited standard or complex.
Bill of Particulars
When a summons and complaint are filed, the defendants named in the lawsuit have either twenty or thirty days in which to submit an Answer (although this time frame can be extended if the court gives consent). Once the Answer is filed, the case moves into what is known as the discovery phase. In this stage both parties exchange information through written demands for discovery and depositions.
The lawyer for the plaintiff prepares the Bill of Particulars at the conclusion of the discovery. This document outlines the legal claims being made and the relief sought - usually an award of money damages. The Bill of Particulars is meant to inform the defendant of the specific legal claims that are made to help them prepare for trial.
The court must examine a Bill of Particulars before it is able to be followed. In general, the court will only accept a Bill of Particulars if it is not vague or overbroad. A Bill of Particulars should be limited to the specific acts of negligence being 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 was not negligent. In 1994, the court upheld a motion to strike references to intentional or willful actions in a medical malpractice case.
In the same way, the court will not allow the introduction of a new theory of recovery at an unreasonably late stage in the litigation. To avoid adverse consequences, a late amendment to a Bill of Particulars should only be allowed if accompanied by an affidavit stating an acceptable explanation for the lateness of the amendment.
Physical Examination
You might be wondering why a doctor, who doesn't know you or your medical history, and isn't familiar with the specifics of your incident, would be asked to conduct a medical examination. However, this type of examination is actually required 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 an alternative view of your injuries. These doctors, sometimes referred to as "independent" and have their own goals and financial interests in reducing the amount of compensation which can be paid to victims.
If you choose to undergo an IME the Orange County personal injury lawyer will ensure that you are well-informed about what to expect and provide copies of all relevant 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 questions of the doctor do not diverge from those in your medical records. It is not advisable to downplay or exaggerate the severity of your injuries to the doctors. They are trained to detect dishonesty, and could use this information at trial.