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Don't Buy Into These "Trends" About Injury Lawsuit
What is a Personal Injury Lawsuit?

If you've been injured due to another's actions or inactions, you may be able to recover compensation. Contact a seasoned personal injury attorney to learn more about your rights.

A personal injury lawsuit is a civil action where the plaintiff is seeking compensation for their losses, which include medical bills, lost wages, damages to property and other expenses. The process can take anywhere from several months to several years.

Damages

A personal injury lawsuit is an action to compel another person or entity to pay compensation for the damages resulting from an accident. The injured party is known as the plaintiff, while the parties responsible are referred to as defendants. Personal injury cases may include cases of wrongful death when someone dies because of the negligence or wrongful actions of others.

Damages are usually divided into two categories: compensatory and punitive. Compensatory damages are intended to help the victim get back on track again, including out-of-pocket expenses such as medical expenses as well as compensation for pain and suffering. Punitive damages, which are rare, are meant to punish the offender if they have committed extreme crimes.

This category covers all costs incurred as a result of the injury or accident. This could include doctor's fees or hospital costs, as well as physical therapy expenses. In some instances other expenses such as the cost of traveling to and from appointments, or modifications to your home for permanent disabilities may also be included in an insurance claim.

Non-economic losses are often called "pain and suffering" damages. These damages are more difficult to quantify, and include the emotional distress and mental stress that an accident can cause. Based on the extent of your injuries, your lawyer will assist you to place a value on the damages. This may be based on your ability to do activities you used to or your loss of a relationship with your family.

Statute of limitations

A legal requirement known as the statute of limitations stipulates that anyone injured in an accident file a lawsuit before a certain date or the claim will be dismissed. This is to prevent evidence from being lost or forgotten and to prevent people from dragging out litigation relating to incidents for an indefinite period.

The time frame for filing a claim differs from one state another, but most personal injury claims have a time frame of two to four years. However there are exceptions that may prolong the time that a victim must submit their claim. They should seek legal advice for help to determine if your case falls under one of these exceptions.

One of the main facets of the statute of limitations is that it applies only to the filing of a lawsuit in a court. Many cases of injury are resolved through the insurance claim process and do not require a formal lawsuit filing. It is still essential to allow yourself sufficient time to file a lawsuit in the event that negotiations with insurance aren't as smooth as you had hoped, or if a problem arises that is not resolved by insurance.

Certain circumstances may stop the statute of limitations clock however, these situations are extremely rare and need to be evaluated on a case-by-case basis. For instance, the statute of limitations may not start running until a victim discovered or reasonably should have discovered that their injuries were caused by another person's negligent actions, and in certain states, such as New York, the statute of limitations differs for claims against municipalities.

Complaint

A personal injury lawsuit is a civil action initiated by a victim against the person or entity who caused the injury. It claims that the defendant breached a duty of care, that this breach caused harm and loss to the plaintiff, and that the defendant is liable for those damages.

The complaint is the first document that you file in a personal injury case. It contains detailed allegations about the incident that caused your injuries as well as the damages you are seeking. The complaint also includes the "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 notification that they are being sued.

After the complaint is filed, the defendant is required to respond to the complaint within a specific time period, and they will either admit or deny the allegations made in the complaint. The defendant can also make a counterclaim against the plaintiff or bring in another defendant as a third-party defendant.

A successful personal injury lawsuit is based on solid evidence, such as medical records and witness testimony. We work closely with our clients to collect all relevant information and include it in the case. The evidence we have will also help us to negotiate with defendants' attorneys or insurance companies to get the best possible settlement offer.

Preliminary Conference


In a personal-injury case the lawyer for you must prove that negligence on the part of the defendant led to your accident. You must also prove you suffered injuries in your accident and that the injuries are worth an amount of money.

This could be a long process, but the trial is when you can finally determine whether you'll receive the compensation you deserve. In a jury trial, your lawyer will argue that the defendant is accountable and is required to compensate you for the losses you suffered. The defendant will provide evidence to prove that their actions are not connected to the accident. This will prevent them from settling your losses.

Before you can proceed to trial you must attend a preliminaries conference. This is often the first time your case will be subject to deadlines set by the Court itself. This is also when your attorney will be discussing the matter with the defense.

A judicial registrar, or an individual of the court staff usually conducts preliminary conferences. All parties must attend the initial conference in person unless the case is handled by the New York's Differentiated Case Management Rule or the Rules are otherwise exempted. However, if a party is unable to attend in person they may take part via phone or online with the approval of the convenor. If your case will be part of the Differentiated Case Management Program, the initial meeting provides an opportunity to determine if your case falls into one of three categories namely complicated or expedited standard.

Bill of Particulars

After a complaint and summons are filed, the defendants named in the lawsuit have either twenty or thirty days in which to respond (although this deadline can be extended if the court gives approval). Once the Answer is filed, the case is moved to what is known as the discovery phase. During this phase the parties exchange information through written discovery demands and depositions.

The lawyer of the plaintiff drafts the Bill of Particulars at the end of the discovery. The document is a legal declaration of claims and the relief sought, usually an award of money damages. The Bill of Particulars is intended to inform the defendant notice of the specific legal claims being made so that they can effectively prepare for trial.

The court must look over the Bill of Particulars before it is able to be followed. In general, a court will only abide by a Bill of Particulars if it isn't vague or overly broad. A Bill of Particulars must only include the specific acts of negligence that are being claimed, and not add any new claims. For example, in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. In 1994, the court affirmed the motion to strike out references to intentional or willful acts in a medical malpractice case.

The court will not allow a new doctrine to be introduced at an stage in the litigation that is unreasonable late. To avoid You Tube , a belated amendment to a Bill of Particulars should only be allowed if accompanied by an affidavit offering a reasonable excuse for the delay in the amendment.

Physical Exam

You might be wondering why a doctor who isn't familiar with you or your medical history, and isn't familiar with the specifics of your accident, should be asked to conduct a medical examination. But, this type of examination is actually a requirement under Washington law, and could be beneficial to your case.

Typically, IMEs are conducted by doctors medical who are hired by the insurance company representing the defendant and their goal is to offer a different perspective on your injuries. Although they are often referred to as "independent," these physicians, just like insurance companies - have their own agenda and financial stake in reducing the amount of compensation that could be granted to a victim who has been injured.

Your Orange County personal injury attorney will ensure that you understand what to 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 make sure that the questions asked by the doctor are consistent with your medical records. It is important to avoid playing with the extent of your injuries with the doctors, since they are trained to recognize dishonesty and may make use of this information against you in trial.

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