A Productive Rant About Injury Lawsuit
What is a Personal Injury Lawsuit?
You could be entitled to compensation if you have suffered injuries due to the actions or inactions of another person. To learn more about your rights under the law, contact an experienced personal injury lawyer.
A personal injury lawsuit is civil litigation in which the plaintiff seeks compensation for their loss. This includes medical expenses as well as lost wages and property damage. The process can take anywhere from several months to a few years.
Damages
A personal injury lawsuit is a legal proceeding that is used to force another individual or entity, to pay you for damages resulting from an accident. The person who is injured is referred to as the plaintiff and the responsible parties are called defendants. Personal injury cases can include wrongful death claims when someone dies due to the inattention or negligence of others.
Damages are typically classified into two categories: compensatory and punitive. Compensation damages can include medical bills as well as pain and suffering compensation, and other out of pocket expenses. Punitive damages, which are rare and are intended to punish the offender when they have committed a number of extreme acts.
The first type of damages is usually called "economic damages." This includes all out-of-pocket expenses associated with the accident or injury. These may include hospital expenses, doctor's fees 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 may also be included in a claim.
Non-economic damages are commonly referred to as "pain and suffering" damages. They are more difficult to quantify and are a result of the emotional distress, mental anguish and suffering that an accident can cause. Your lawyer will assist you to value these damages based on the extent of your injury. This may be based on your ability to do things you were previously able to do or your loss of consortium with family.
Statute of Limitations
In a legal rule known as the statute of limitations, any person who suffers injury as a result of an accident must bring a lawsuit within a certain time frame or the claim will be dismissed 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 exact duration of time differs between states, but personal injury claims typically have a two- to four-year limit. There are certain exceptions to the time to file claims. If you need assistance determining if your case is one of these exceptions, it is recommended that you seek legal advice.
A key aspect of the statute of limitations is that it is only applicable to the filing of a lawsuit in a court. Rapid City injury attorney of injury are resolved through the insurance claim process and do not require a formal lawsuit filing. But, it's crucial to give yourself enough time to file a lawsuit in the event that negotiations don't take place as planned or if there is a problem that cannot be addressed by the insurance system.
Certain circumstances may 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 running until the victim discovers or should have reasonably discovered that their injury was caused by a negligence, and in certain states, like New York, the statute of limitations is different for claims against municipalities.
Complaint
A personal injury lawsuit is a civil action brought by an injured person against the person or entity who caused the injury. It claims that the defendant violated a duty of care, and that the breach caused harm and losses to the plaintiff and that the defendant is accountable for the damages.
The complaint is the initial document that you file in a personal injury lawsuit. It provides detailed details regarding the incident that caused your injuries as well as the damages you seek. The complaint also contains a "prayer of relief" which outlines what you want the court to do. The complaint and summons must be handed over to the defendant.
After the complaint is filed, the defendant has to submit an answer to the complaint within a specified time period, and they must either accept or deny the allegations made in the complaint. The defendant may also file a counterclaim, or add another defendant to the case by naming a third party defendant.
A successful personal injury lawsuit is based on solid evidence, including medical records and witness testimony. We work closely with our clients to ensure that all relevant information is gathered and included in the case. The evidence will also assist us negotiate with the defendant's attorneys or insurance companies to negotiate the best settlement offer possible.
Preliminary Conference
In a personal injury case the lawyer for you must prove that negligence on the part of the defendant caused your accident. You must be able to prove that you sustained injuries from your accident, and that those injuries warrant financial compensation.
This can be a long process however, the trial is when you'll be able to decide if you'll be awarded the damages you're entitled to. In a jury trial your lawyer will argue that the defendant is accountable and has to pay for the losses you suffered. The defendant will present evidence that their actions are unrelated to the accident, which prevents them from having to compensate 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 that are set by the Court itself. This is also the time that your lawyer will discuss the case with the defense.
A judicial registrar, also known as a member from the court staff, typically conducts preliminary conferences. If the case is handled in accordance with New York's Differentiated Case Management Rule, or is otherwise exempt from the Rules All parties are required to attend in person. If a party is not able to attend in person, the convenor may permit them to attend via phone or via the internet. If your case will be part of the Differentiated Case Management Program, the initial meeting provides an opportunity to determine whether your case falls into one of three categories - complicated or expedited standard.
Bill of Particulars
After the complaint and summons have been filed, defendants named in the lawsuit will have between twenty and thirty days (although this deadline is able to be extended by the court). After the Answer has been filed, the case is moved into what is called the discovery phase. In this phase both parties exchange information through written demands for discovery and depositions.
The plaintiff's lawyer prepares a Bill of Particulars at the end of discovery. The document is a legal declaration of 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 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, the court will only abide by a Bill of Particulars if it isn't vague or overly broad. A Bill of Particulars should be limited to the specific negligence that is being claimed and should not contain new claims. For instance, in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. 1994), the court sustained a motion to strike all references to intentional and willful actions from a medical malpractice claim.
The court will also not permit a new theory to be added at an point in the action that is unreasonable late. In order to avoid resultant prejudice, a belated amendment to the Bill of Particulars should only be allowed when supported by an affidavit that provides a reasonable excuse for the delay in the amendment.
Physical Exam
You may question why a doctor, who doesn't know you or your medical history and isn't familiar with the specifics of your accident, should be asked to conduct a medical examination. However, this kind of examination is actually an obligation under Washington law, and can be helpful in your case.
IMEs are usually conducted by doctors employed by the insurer of the defendant. They are there to provide an alternative view of your injuries. These doctors, sometimes called "independent", have their own agendas and financial interests in reducing the amount of compensation that can be awarded to injured victims.
If you choose to undergo an IME the Orange County personal injury lawyer will make sure that you are fully informed about what to expect and provide copies of all relevant medical records for the doctor to look over. Your lawyer will be present during the IME to make sure that the questions asked by the doctor are in accordance with your medical records. You should not downplay or exaggerate the severity of your injury to the doctors. They are trained to spot fraud, and may make use of this information in a trial.