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What is a Personal Injury Lawsuit?

You may be entitled to compensation if were injured as a result of the actions or inactions of a third party. Contact an experienced personal injury lawyer to find out more about your rights.

A personal injury lawsuit is a civil matter where the plaintiff is seeking money to cover their losses, such as 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 a process to force another person or entity to pay you compensation for the damage caused by an accident. The plaintiff is the one who was injured, and the defendants are the ones accountable. If someone dies as the result of the carelessness or infractions committed by others, wrongful death cases can be included in personal injury claims.

Damages are usually classified into two categories: punitive and compensatory. Compensatory damages include medical bills, pain and suffering compensation and other out-of pocket expenses. Punitive damages are uncommon and designed to punish the perpetrator for their extreme behavior.

The first type of damages is usually known as "economic damages." This is the term used to describe the cost of out-of-pocket expenses incurred due to the accident and injuries. These may include hospital expenses as well as doctor's fees and therapy costs. In some cases other expenses such as the cost of traveling to and from appointments, or modifications to your home to accommodate permanent disabilities could also be included in the claim.

Non-economic damages can also be called "pain and suffer" damages. These damages are harder to quantify, and they comprise the emotional distress and mental anguish 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 carry out the activities you used to or your loss in consortium with family.

Statute of Limitations

Under a legal rule called the statute of limitations, anyone who suffers an injury in an accident must make a claim within a specific time period or else their claim will be rejected by the courts. This is to stop evidence from being forgotten or lost and to stop people from dragging incident-related litigation out indefinitely.

The exact duration of the time limit is different from one state to another, but most personal injury lawsuits have a limit of between two and four years. However there are exceptions that may prolong the time required for a victim to make a claim, and they should seek legal advice for help to determine whether or not their case falls within one of these exceptions.

The statute of limitations is only applicable to lawsuits that are filed in the court. Insurance claims are typically used to settle injury cases and do not require formal lawsuits. But, it's important to leave yourself enough time to file a lawsuit just in case insurance negotiations don't follow the plan or an issue arises that cannot be resolved through the insurance system.

Some circumstances can pause the clock on the statute of limitations, however they are extremely rare and have to be considered on a case by case basis. The statute of limitations might not start until the person is aware or should have known 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 a civil action filed by an injured party against the person or entity that caused the injury. It alleges that the defendant breached the duty of care, and that the breach caused harm and loss to the plaintiff, and that the defendant should be held accountable for the damages.


The first document filed in a personal injury lawsuit is called the complaint, and it contains detailed allegations about the incident that led to your injuries. It also lists the damages you are seeking. The complaint also contains a "prayer of relief" which describes 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.

The defendant must respond to the complaint within specific time frames and either accept or deny the allegations contained in the complaint. The defendant may also bring a counterclaim against plaintiff or bring in a different defendant as a third-party defendant.

youtube.com relies on solid evidence including medical documents and testimony from witnesses. We work closely together with our clients to gather 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 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 your injuries are worth financial compensation.

It's not an easy process, but it's at the trial that you'll be able to determine if you be awarded the compensation you are entitled to. In a jury trial your lawyer will argue that the defendant is responsible and must pay you for the losses you suffered. The defendant will present evidence that their actions do not contribute to the accident, which will prevent them from having to pay you for your losses.

Before proceeding to trial you must attend a preliminary conference. This is the first time your case will be subject to deadlines imposed by a court. It is also the time that your attorney will discuss the case with the defense.

Preliminary conferences are typically conducted by a judicial registrar or a member of the court's staff. All parties must attend the preliminary conference in person unless the case has been handled under New York's Differentiated Case Management Rule or the Rules are otherwise exempted. If a party is unable to attend in person, the convenor is able to allow them to participate by phone or online. If your case will be part of the Differentiated Case Management Program, an initial meeting also provides an opportunity to determine whether your case falls into one of three categories: expedited standard or complex.

Bill of Particulars

After the summons and complaint are filed, the defendants named in the lawsuit will be given between twenty and thirty days (although this deadline is able to be extended by the court). After the Answer is filed, the case moves into what is called the discovery phase. In this period the parties exchange information in the form of written demand for discovery and depositions.

The lawyer of the plaintiff drafts the Bill of Particulars at the conclusion of the discovery. The document details the legal claims being made as well as the relief requested - typically the award of damages in cash. The Bill of Particulars is meant to inform the defendant of the specific legal claims that are made to help them prepare for trial.

Before a Bill of Particulars can be followed, it must be scrutinized by the court. Generally speaking, the court will only abide by a Bill of Particulars that is not vague or broad. A Bill of Particulars must only include the specific acts of neglect that are being claimed and must not include new claims. For instance in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. In 1994, the court upheld the motion to strike out any references to willful or intentional acts in a medical malpractice case.

The court will also not permit a new theory to be added at any stage in the litigation that is unreasonablely late. To avoid causing prejudice a late amendment to the Bill of Particulars must be supported by an affidavit, which provides a reasonable explanation for the lateness of this amendment.

Physical Exam

You may question the reason 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 exam. This type of exam, which is required by Washington law, can be beneficial to your case.

IMEs are typically performed by doctors who are employed by the insurer of the defendant. They are there to offer a different perspective on your injuries. Although they are sometimes described as "independent," these physicians as well as insurance companies - have their own agenda and financial stake in decreasing the amount of compensation that may be given to a victim of injury.

Your Orange County personal injury attorney will make sure you know what to expect from an IME and will give the doctor with a copy of all pertinent medical records. Your lawyer will also be present at the IME and will ensure that you are being examined with respect and courtesy by ensuring that doctors ' questions aren't divergent from those in your medical records. It is essential to avoid playing with the severity of your injuries to the doctors, since they are trained to spot the deceit and may make use of this information against you at trial.

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