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The 10 Scariest Things About Injury Lawsuit
What is a Personal Injury Lawsuit?

If you've been injured by another person's actions or inactions, you could be eligible for compensation. Contact a knowledgeable personal injury lawyer to find out more about your rights.

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

Damages

A personal injury lawsuit is a legal action that is used to force another individual or entity to pay you for the damages that result from an accident. The person who is injured is referred to as the plaintiff, while the parties responsible are referred to as defendants. If someone dies as a result of the inattention or negligence of others, wrongful death cases may be part of personal injury lawsuits.

Damages are usually divided into two categories: compensatory and punitive. Compensatory damages are meant to help the victim get back on track for good, including out-of-pocket costs such as medical expenses and compensation for suffering and pain. Punitive damages, which are not common and are intended to punish the wrongdoer for committing extreme acts.

The first category of damages is typically known as "economic damages." This covers all out-of-pocket expenses associated with the accident or injury. These could include hospital bills medical expenses, doctor's charges and physical therapy costs. In some instances additional expenses, such as the cost of traveling to and from appointments or modifications made to your home for permanent disabilities may be included in an insurance claim.

Non-economic damage can also be called "pain and suffer" damages. They are more difficult to quantify and are a result of the mental and emotional stress, suffering and anguish caused by accidents. Based on the extent of your injuries, your lawyer will help you determine the value of these damages. This may be based on your ability to carry out the activities you used to or your loss in consortium with family.

Statute of limitations

A legal requirement known as the statute of limitation requires that anyone who is injured in an accident must file an action within a specified date or else their claim will be dismissed. This is done to prevent evidence from being forgotten or lost, and also to stop those who delay bringing litigation related to an incident out for an indefinite period.

The exact duration of time is different between states, however, personal injury claims typically have a two-to four-year limitation. However there are exceptions that could extend the time required for a victim to submit their claim. They should seek legal advice for assistance in to determine if their case falls into one of these exceptions.

The statute of limitations applies only to lawsuits filed in the court. Insurance claims are typically used to settle injury cases and do not require formal lawsuits. Even so, it is important to leave yourself enough time to file a lawsuit in the event that insurance negotiations do not go as planned or an issue arises that can't be resolved through the insurance system.

Certain circumstances may stop the clock on the statute of limitations, however they are extremely rare and have to be considered on a case-by-case basis. For example the statute of limitations may not begin to run until a victim discovered or should have reasonably discovered that their injuries were caused by another person's negligence, and in certain states, like New York, the statute of limitations differs for claims against municipalities.

Complaint

A personal injury lawsuit is filed by the victim against the party who caused the injury. The plaintiff claims that the defendant breached the duty of care, and that this breach caused harm and losses to the plaintiff and that the defendant is accountable for the damages.

The complaint is the initial document that is filed in a personal injury lawsuit. It provides detailed details regarding the incident that caused your injuries, as well as the damages you want. 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 that is a notice that they are being sued.


Athens injury attorneys must respond to the complaint within specific time limits and either admit or deny all allegations contained in the complaint. The defendant may also make a counterclaim against the plaintiff or introduce another defendant as a third-party defendant.

A successful personal injury lawsuit relies on solid evidence, including medical records and testimony from witnesses. We work closely with our clients to gather all relevant information and include it in the case. The evidence we gather will also help us to negotiate with the defendants' attorneys or insurance agents to obtain the best settlement offer.

Preliminary Conference

In a personal injury case, your lawyer must prove that negligence on the part of the defendant caused your accident. You must also prove that you suffered injuries due to your accident and that the injuries you sustained are worthy of financial compensation.

This can be a long process, but the trial is when you can finally determine whether you'll get the damages you're entitled to. In the trial before a jury your lawyer will argue that the defendant is at responsibility and they will argue that they have to be held accountable for your losses. The defendant will argue that their actions are unrelated to the accident, which prevents them from having to pay you for your losses.

You must attend a pre-trial meeting prior to proceeding with the trial. This is typically the first time your case will be subject to deadlines that are set by the Court itself. This is also the time that your lawyer will discuss the case with the defense.

Preliminary conferences are usually conducted by a judicial registrar or someone on the court's staff. If the case is handled in accordance with New York's Differentiated Case Management Rule, or if it is exempted from the Rules the parties are required to attend in person. If, however, a person cannot attend in person, they can participate via phone or internet, with the consent of the convenor. 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 - advanced standard or complex.

Bill of Particulars

After a complaint and summons are filed, the defendants who are named in the lawsuit have the option of having twenty or thirty days to submit an Answer (although this deadline may be extended with the court's approval). After the Answer is filed, the matter moves into the discovery phase. In this phase both parties exchange information through written demands for discovery and depositions.

After the discovery process is concluded, the plaintiff's attorney prepares 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 inform the defendant notice of the specific legal claims being made so that he or she is able to effectively prepare for trial.

The court must look over a Bill of Particulars before it is able to be followed. In general, a court will only be able to abide by the Bill of Particulars if it is not vague or broad. A Bill of Particulars should be limited to the specific acts of negligence claimed and should not contain new claims. For example in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. 1994) The court ruled in favor of the motion to strike all references to willful and intentional actions from a medical malpractice claim.

The court will also not permit a new theory to be introduced at a stage in the litigation that is unreasonably late. To avoid causing prejudice a late amendment to the Bill of Particulars must be supported by an affidavit, which gives a reasonable explanation for the tardiness of the amendment.

Physical Examination

You might be wondering the reason why a doctor, who doesn't know you or your medical history and is unfamiliar with the details of your incident, would be asked to conduct a medical examination. This type of exam is required under Washington law, could be beneficial to your case.

Typically, IMEs are conducted by doctors medical who are hired by the insurance company of the defendant and their goal is to offer an alternative perspective on your injuries. Although they are sometimes described as "independent," these physicians as well as insurance companies have their own agendas and financial interest in reducing the amount of compensation that may 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 give a copy to the doctor of all relevant medical records. Your lawyer will be present during the IME to ensure that the questions asked by the doctor are consistent with your medical records. It is important to avoid playing with the severity of your injuries with the doctors, since they are trained to recognize the deceit and may utilize this information against you in trial.

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