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 an experienced personal injury lawyer to find out more about your rights.
A personal injury lawsuit is civil litigation in which the plaintiff seeks compensation for their losses. This can include medical bills as well as lost wages and property damage. The process can last between a few months and several years.
Damages
A personal injury lawsuit is an action to compel another person or entity to pay compensation for the damage caused by an accident. The person who is injured is referred to as the plaintiff, while the parties accountable are known as defendants. Personal injury cases can also include the wrongful death of a person who dies due to the inattention or negligence of others.
Damages are usually divided into two categories: compensatory and punitive. Compensation damages are designed to ensure that the victim is completely again, including out-of-pocket expenses such as medical expenses as well as compensation for pain and suffering. Punitive damages, which are very rare, are meant to punish the wrongdoer if they have committed extreme actions.
This category includes all expenses that result from the accident or injury. These could include doctor's bills or hospital costs, as well as physical therapy costs. In some instances additional expenses, such as the cost of traveling to and from appointments or modifications to your home due to permanent disabilities could be included in a claim.
Non-economic damages are often referred to as "pain and suffering" damages. These damages are harder to quantify and comprise the emotional distress and mental stress that an accident can cause. Your lawyer can help you evaluate these damages based upon the severity of your injuries. This could be based on the ability to do activities you used to or your loss in consortium with your family.
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 specified time or the claim will be dismissed by the courts. This is to prevent evidence from being lost or lost in the shuffle and to stop people from drag out litigation relating to incidents for an indefinite period.
The time frame for filing a claim varies from one state to another, but most personal injury lawsuits have a time frame of between two and four years. There are some exceptions to the time period for filing a claim. If you need help determining if your case falls under one of these exceptions, then it is recommended that you seek legal advice.
A key aspect of the statute of limitations is that it applies only to the filing of a lawsuit in court. A majority of injuries cases are resolved through the process of claiming insurance and do not require a formal lawsuit filing. It is important to allow yourself enough time to bring a lawsuit in the event that negotiations with insurance aren't as smooth as you had hoped, or if a problem occurs that cannot be resolved with insurance.
A few circumstances can pause the clock on the statute of limitations however, these situations are rare and generally need to be analyzed on an individual case-by-case basis. The statute of limitations 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 brought by the victim against the party who caused the injury. It claims that the defendant breached their duty of care and the breach caused loss and harm to the plaintiff. The defendant is accountable for the damages.
The complaint is the primary document filed in a personal injury case. It includes specific allegations concerning the incident that caused your injuries as well as the damages you are seeking. The complaint also includes an "prayer of 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.
After the complaint is filed, the defendant must respond to the complaint within a certain time frame, and may either deny or admit the allegations in the complaint. The defendant may also file a counterclaim, or add a third party defendant to the case as third party defendant.
A successful personal injury lawsuit is built on solid evidence, which includes medical records and witness testimony. We work closely together with our clients to collect all relevant information and include it in the case. The evidence will also help us negotiate with the attorney for the defendant or insurance agents to obtain the best settlement offer possible.
Preliminary Conference
In a personal injury case, your lawyer must prove that negligence on the part of the defendant caused 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.
Atlanta injury attorneys 's not an easy process, but it is at the trial that you will find out if you be awarded the compensation you are entitled to. In a trial before a jury, your lawyer will argue that the defendant is accountable and has to pay for your losses. The defendant will argue that their actions do not contribute to the accident, which will prevent them from having to reimburse you for your losses.
Before proceeding to trial you must attend a preliminary conference. This is the first time that your case has deadlines set by a judge. It is also the time where your lawyer will discuss the case with the defense.
A judicial registrar, or a member from the court staff, typically conducts preliminary conferences. All parties must attend the initial conference in person unless the case is handled in accordance with New York's Differentiated Case Management Rule or the Rules are exempted in other ways. However, if a party cannot attend in person, they can take part via phone or online with the approval of the convenor. If your case is going to be part of the Differentiated Case Management program, a preliminary conference will also be a chance to determine whether your case falls within one of the three categories that are expedited, standard, or complex.
Bill of Particulars
After the summons and complaint are filed, the defendants named in the lawsuit will have twenty to thirty days (although this timeframe is able to be extended by the court). After the Answer is filed, the matter moves into the discovery phase. In this phase both sides exchange information in the form of written demand for discovery and depositions.
Following the conclusion of discovery, the plaintiff's attorney prepares what is known as a Bill of Particulars. 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 made, to help them prepare for trial.
The court must look over a Bill of Particulars before it is able to be followed. In general, courts will only abide by a Bill of Particulars that is not overbroad or vague. 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 instance was a case in which the court concluded that the plaintiff was not negligent. 1994) The court ruled in favor of the motion to strike references to willful and intentional acts from a medical negligence claim.
The court will also not permit a new theory to be introduced at any stage in the litigation that is unreasonably late. To avoid prejudice, any late amendment to a Bill of Particulars must be supported by an affidavit, which provides a reasonable explanation for the delay of this amendment.
Physical Exam
When a defense attorney or insurance company demands that you take part in an Independent Medical Examination (IME) the first reaction may be to question the reason why a doctor who does not know you and your medical history and the particulars of your incident is requested to conduct an exam. However, this kind of exam is actually a requirement under Washington law, and could be beneficial in your case.
Typically, IMEs are conducted by doctors medical who are hired by the insurance company of the defendant and aim to provide a different view of your injuries. These doctors, who are sometimes referred to as "independent" are able to have their own goals and financial interests in reducing the amount of compensation which can be paid to victims.
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 in accordance with your medical records. Do not underplay or exaggerate the severity of your injury to these doctors. They are trained to detect fraud, and may make use of this information in a trial.