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What is a Personal Injury Lawsuit?

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

A personal injury lawsuit is a civil matter where the plaintiff is seeking compensation for their losses, such as medical bills, lost wages damages to property and other expenses. Everett injury lawsuits youtube.com can take anywhere from a few months to several years.

Damages

A personal injury lawsuit is an action to compel another person or entity to pay you compensation for the damage caused by an accident. The party who suffered the injury is known as the plaintiff and the responsible parties are called defendants. Personal injury cases may include cases of wrongful death when someone dies due to negligence or wrongful actions of others.

A victim's damages are typically broken down into two groups: compensatory and punitive. Compensatory damages are intended to make the victim whole again, including out-of-pocket expenses like medical bills and compensation for pain and suffering. Punitive damages are rare and are designed to punish the wrongdoer for extreme conduct.

This category covers all costs that result from the injury or accident. These could include doctor's bills or hospital costs, as well as physical therapy costs. Some claims may also include additional costs, like transportation costs to and from appointments or the need to modify your home to accommodate a disability that is permanent.

Non-economic damages are often referred to as "pain and suffering" damages. These damages are 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 can help you determine the value of the damages. This could be based on the ability to do things you were previously able to do or your loss of a relationship with your family.

Statute of limitations

A legal principle known as the statute of limitation stipulates that anyone injured in an accident should file an action before a specific date or else their claim will be dismissed. This is to protect evidence from being lost or lost in the shuffle and to prevent people from dragging out litigation related to an incident for a long time.

The time frame for filing a claim differs from one state another, but most personal injury claims have a time limit of between two and four years. There are some exceptions to the time period for filing an injury claim. If you need assistance in determining whether your case falls under one of these exceptions, then it is recommended that you seek legal advice.

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

Certain circumstances can stop the statute of limitations clock however, these situations are rare and generally need to be analyzed on an individual basis. For example, the statute of limitations might not begin to run until the victim discovers or should have reasonably discovered that their injuries were caused by someone else's negligent actions. In certain states, like New York, the statute of limitations differs for claims against municipalities.

Complaint

A personal injury lawsuit is filed by a victim against the person who caused the injury. It asserts that the defendant violated their duty of care and this breach resulted in damage and losses for the plaintiff. The defendant is then held accountable for the losses.

The complaint is the initial document that is filed in a personal injury case. It contains detailed allegations concerning the incident that caused your injuries as well as the damages you are seeking. The complaint also includes a "prayer of relief" that outlines what you would like the court to do. The complaint must be served to the defendant with a summons, which is a notice that they are being sued.

The defendant must respond to the complaint within a set of time frames and either accept or deny all allegations in the complaint. The defendant can also file a counterclaim, or add another defendant to the case by naming 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 gather the relevant information and incorporate it in the case. The evidence we gather can also assist us to negotiate with defense lawyers or insurance agents to negotiate the most favorable settlement offer.

Preliminary Conference

In a personal-injury case your lawyer must show that negligence on the part of the defendant led to your accident. You must also prove that you suffered injuries as a result of your accident, and that those injuries warrant financial compensation.

This can be a long process however, the trial is where you will be able to determine if you'll be awarded the damages you're entitled to. In a trial before a jury, your lawyer will argue that the defendant is accountable and must pay you for the losses you suffered. The defendant will provide evidence to show that their actions were unrelated to the accident. This will stop them from settling your losses.

You must attend a pre-trial discussion before proceeding with the trial. This is the first time that 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 initial conference in person, unless the case is handled by New York's Differentiated Case Management Rule or the Rules are otherwise exempted. If a party cannot attend in person, they can participate via phone or internet, with the consent of the convenor. If your case is part of the Differentiated Case Management Program, the initial meeting provides an opportunity to determine if your case falls into one of three categories - advanced standard or complex.

Bill of Particulars

After a summons or complaint are filed, the defendant parties named in the lawsuit have twenty or thirty days to submit an Answer (although this deadline can be extended if the court gives consent). Once the Answer is filed, the case moves into what is called the discovery phase. In this stage, both parties exchange information via written discovery demands and depositions.

The lawyer of the plaintiff drafts the Bill of Particulars at the end of discovery. This document provides the legal claims that are being made and the relief sought, usually an award of money damages. The Bill of Particulars is intended to put the defendant on notice of the specific legal claims being made so that he or she is able to effectively prepare for trial.

The court must review the Bill of Particulars before it is able to be followed. In general, courts will only accept a Bill of Particulars that is not overbroad or vague. A Bill of Particulars should be limited to the specific acts of negligence asserted and should not include new claims. For instance, 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 actions in a medical malpractice case.

The court will also not permit a new theory to be introduced at any point in the action that is unreasonablely late. To avoid negative consequences, an amendment made late to the Bill of Particulars should only be permitted if supported by an affidavit offering an acceptable explanation for the lateness of the amendment.

Physical Exam

If a defense attorney or insurance company demands that you attend an Independent Medical Examination (IME) the first reaction could be to wonder the reason why a doctor who does not know you or your medical history and the particulars of your incident is required to conduct an examination. This type of exam is required by Washington law, 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 an alternative perspective on your injuries. These doctors, who are sometimes referred to as "independent" and have their own agendas and financial stakes in reducing the compensation that can be given to victims of injuries.

Your Orange County personal injury attorney will ensure that you are aware of what to expect from an IME and will provide the doctor with a copy of all relevant medical records. Your lawyer will be present during the IME to make sure that the questions asked by the doctor are in line with your medical records. It is important to avoid playing with the severity of your injuries with these doctors, as they are trained to spot fraud and could use this information against you at trial.

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