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What is a Personal Injury Lawsuit?

If you have been injured through the actions or inactions, you may be entitled to compensation. To learn more about your legal rights, contact an experienced personal injury lawyer.

A personal injury lawsuit is a civil dispute where the plaintiff is seeking money to compensate for their losses, including medical bills, lost wages, property damage, and other costs. The process can take several months to a few years.

Damages

A personal injury lawsuit is an action to force another person or entity to pay compensation for the damage caused by an accident. The plaintiff is the victim, and the defendants are the parties responsible. Personal injury cases can include the wrongful death of a person who dies because of the negligence or wrongdoing of others.

Damages are typically classified into two categories: punitive and compensatory. Compensatory damages include medical bills as well as pain and suffering compensation, and other out-of-pocket expenses. Punitive damages, which are not common and are designed to punish the offender when they have committed a number of extreme crimes.

This category covers all costs caused by the accident or injury. These could include doctor's bills, hospital costs and physical therapy expenses. In some cases other expenses such as the cost of travel to and from appointments or modifications made to your home due to permanent disabilities may also be included in a claim.

Non-economic damages are often called "pain and suffering" damages. These damages are more difficult to quantify, and include the emotional stress and mental stress that an accident can cause. Depending on the severity of your injuries your lawyer will assist you to determine the value of these damages. It could be based on the ability to continue enjoying the activities you previously enjoyed or your loss of consortium with family members.

Statute of Limitations

Under a legal rule called the statute of limitations, anyone who is injured in an accident must file a lawsuit within a certain time frame or else their claim will be rejected by the courts. This is done to prevent evidence from being lost or lost, and also to stop people from dragging incident-related litigation out for an indefinite period.

The exact time limit differs from one state another, but the majority of personal injury lawsuits have a limit of between two and four years. There are certain exceptions to the time limit for filing claims. If you need help in determining whether your case is one of these exceptions, it is recommended to seek legal advice.

The statute of limitations is only applicable to lawsuits filed in court. Insurance claims are usually used to settle injury cases and do not require formal lawsuits. It is important to give yourself enough time to file a lawsuit in the event that negotiations with insurance do not go as planned or if a problem occurs that cannot be resolved with insurance.

A few circumstances can pause the clock of the statute of limitations, but these instances are rare and generally need to be evaluated on an individual basis. For example, the statute of limitations might not begin to run until a victim discovered or should have reasonably discovered that their injury was caused by another person's negligent actions. 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 initiated by a victim against the person or entity who caused the injury. The plaintiff claims that the defendant violated a duty of care, and that the breach caused harm and loss to the plaintiff, and that the defendant is accountable for the damages.

The complaint is the primary document filed in a personal injury lawsuit. YouTube contains detailed allegations about the incident that led to your injuries as well as the damages you want. It also includes a "prayer for relief" that describes what you want the court to do. The summons and complaint must be delivered to the defendant.

After the complaint is filed, the defendant has to file an answer to the complaint within a specific time period, and they may either deny or admit the allegations in the complaint. The defendant can also file a counterclaim, or add a third party defendant to the case by naming a third party defendant.

A successful personal injury lawsuit relies on solid evidence, including medical records and testimony from witnesses. We work closely together with our clients to collect the relevant information and incorporate it in the case. The evidence will also assist us negotiate with the attorney of the defendant or insurance agents to obtain the best settlement possible.

Preliminary Conference


In a personal injury lawsuit your lawyer must demonstrate that the defendant's negligence caused your accident. You must also prove that you suffered injuries from your accident, and that those injuries warrant financial compensation.

It can be a lengthy procedure, but it's at the trial that you will be able to determine if you receive the damages you are entitled to. In the trial before the jury, your lawyer will argue the defendant's liability and that they must be held accountable for your losses. The defendant will present evidence to show that their actions are not connected to the accident. This will prevent them from paying you for your losses.

You must attend a pre-trial meeting before you can proceed with the trial. This is the first time that your case will be subject to deadlines imposed by a court. This is also the time when your attorney will discuss the issue with the defense.

Preliminary meetings are usually held by a judicial registrar, or an individual from the court's staff. All parties must attend the initial conference in person unless the case has been handled by New York's Differentiated Case Management Rule or the Rules are exempted in other ways. If a party is not able to attend in person, the convenor is able to allow them to participate by telephone or online. If your case is scheduled to be a part of the Differentiated Case Management program, the preliminary conference will be an opportunity to identify whether your case falls within one of the three classifications - expedited, standard or complex.

Bill of Particulars

After the complaint and summons are filed, the defendants named in the lawsuit will have twenty to thirty days (although this time frame is able to be extended by the court). Once the Answer is filed, the case moves into what is known as the discovery phase. During this stage both parties exchange information via written demands for discovery and depositions.

At 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 as well as the relief sought, usually an award of money damages. The Bill of Particulars is meant to inform the defendant of the specific legal claims being made, so that they can prepare for trial.

Before a Bill of Particulars can be accepted, it must be scrutinized by the court. In general, a court will only accept the Bill of Particulars if it is not vague or broad. A Bill of Particulars should be limited to the specific acts of negligence being asserted and should not include new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ) for instance, was a case where the court found that the plaintiff had not been negligent. In 1994, the court affirmed the motion to strike out the reference to willful or deliberate actions in a medical malpractice case.

The court will not allow a new doctrine to be added at a point in the action that is unreasonable late. To avoid prejudice, a late amendment to the Bill of Particulars must be supported by an affidavit, which provides a reasonable explanation for the delay of this amendment.

Physical Exam

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 accident, should be asked to conduct a medical examination. But, this type of examination is actually a requirement under Washington law and can be helpful to your case.

IMEs are usually conducted by doctors employed by the defendant’s insurance company. Their goal is to provide an alternative perspective on your injuries. These doctors, often referred to as "independent" are able to have their own goals and financial interests in reducing the amount of compensation which is given to victims of injuries.

If you choose to undergo an IME If you decide to undergo an IME, your Orange County personal injury lawyer will ensure that you are aware of what to expect and provide a copy of all relevant medical records for the doctor to look over. Your lawyer will be present during the IME to ensure that the questions posed by the doctor are in accordance with your medical records. It is crucial to avoid playing around with the severity of your injuries to these doctors, as they are trained to recognize the deceit and may make use of this information against you at trial.

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