What is a Personal Injury Lawsuit?
You may be entitled to compensation if you were injured as a result of the actions or inactions of someone else. Contact Davie injury lawyer to learn more about your rights.
A personal injury lawsuit is a civil matter where the plaintiff is seeking money to cover their losses, which include medical expenses, lost wages, property damage and other expenses. The process can run from several months to several years.
Damages
A personal injury lawsuit is a process to compel a person or entity to pay you compensation for the damages resulting from an accident. The plaintiff is the injured party and the defendants are accountable. Personal injury cases can also include the wrongful death of a person who dies due to negligence or wrongful actions of others.
A victim's damages are typically divided into two categories that are punitive and compensatory. Compensation damages are designed to ensure that the victim is completely and regain their financial security, which includes out-of-pocket expenses such as medical bills as well as compensation for suffering and pain. Punitive damages are uncommon and designed to punish the perpetrator for their extreme behavior.
The first category of damages is often known as "economic damages." This includes all out-of-pocket expenses associated with the accident or injury. These may include hospital expenses as well as doctor's fees and therapy costs. In certain cases other expenses such as the cost of travel to and from appointments or modifications to your home for permanent disabilities can be included in a claim.
Non-economic losses are often called "pain and suffering" damages. These damages are harder to quantify, and include the emotional distress and mental stress that an accident can cause. Your lawyer can help you determine the value of these damages based on the severity of your injury. This may be based on your ability to carry out the activities you used to or your loss of a relationship with your family.
Statute of limitations
Under a legal rule called the statute of limitations, anyone who is injured in an accident must bring a lawsuit within a specified time or the claim will be dismissed by the courts. This is to stop evidence from being forgotten or lost, and also to stop individuals from dragging litigation relating to incidents out for an indefinite period.
The time frame for filing a claim varies from one state to another, but most personal injury lawsuits have a limit of between two and four years. There are certain exceptions to the time period for filing claims. If you need help determining if your case is one of these exceptions, then it is best to seek legal advice.
One of the main facets of the statute of limitations is that it applies only to the filing of a lawsuit in court. Many injury cases are resolved through the process of claiming insurance and do not require formal lawsuit filing. However, it is crucial to give yourself enough time to take legal action just in case insurance negotiations do not go as planned or an issue arises that can't be easily addressed through the insurance system.
Certain circumstances may stop the statute of limitations clock however these cases are very rare and have to be evaluated on an individual case-by-case basis. The statute of limitations may not be established until the victim realizes or should have realized that the injury was caused by another's negligence. In certain states, like New York, it is different for claims made against municipalities.
Complaint
A personal injury lawsuit is brought by the victim against the party who caused the injury. The plaintiff claims that the defendant breached their duty of care, and that this breach caused loss and harm to the plaintiff. The defendant is then held accountable for the losses.
The complaint is the primary document filed in a personal injury case. It includes specific allegations about the incident that led to your injuries, and the damages you want. It also includes a "prayer for relief" that describes what you want the court to do. The complaint and summons must be handed over to the defendant.
After the complaint is filed, the defendant must file an answer to the complaint within a certain timeframe, and will either admit or deny 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 is built on solid evidence, including medical documents and witness testimony. We collaborate closely with our clients to ensure that all relevant information is gathered and included in the case. The evidence we collect can also assist us to negotiate with the defendants' attorneys or insurance agents to get the best possible settlement offer.
Preliminary Conference
In a personal-injury lawsuit your lawyer must show that negligence on the part of the defendant caused your accident. You must be able to prove that you sustained injuries from your accident, and that those injuries warrant financial compensation.
It's a long process, but it's at the trial that you'll finally know if you will receive the damages you are entitled to. In a jury trial your lawyer will argue that the defendant is responsible and has to pay for the losses you suffered. The defendant will provide evidence that their actions are unrelated to the accident, which prevents them from having to reimburse you for your losses.
Before you can proceed to trial, you must attend a preliminaries conference. This is often the first time that your case will have deadlines set by the Court itself. This is also the time where your attorney will discuss the case with the defense.
A judicial registrar, also known as an individual of the court staff typically holds preliminary conferences. All parties must attend the preliminary conference in person, unless the case is handled under 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 can participate via phone or internet, with the consent of the convenor. 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 under one of three categories - expedited standard or complex.
Bill of Particulars
After a complaint and summons are filed, the defendants identified in the lawsuit are given twenty or thirty days to file an Answer (although this deadline can be extended if the court gives consent). Once the Answer is filed, the case is moved to what is known as the discovery phase. In this phase the parties exchange information via written demands for discovery and depositions.
Following the conclusion of discovery the attorney representing the plaintiff drafts what is called a Bill of Particulars. The document details the legal claims being made and the relief requested - typically the award of damages in cash. The Bill of Particulars is intended to put the defendant on notice of the specific legal claims being made so that they is able to effectively prepare for trial.
Before a Bill of Particulars can be followed, it must be examined by the court. In general, courts will only abide by a Bill of Particulars that is not vague or broad. A Bill of Particulars should be limited to the specific acts of negligence being claimed and should not add 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 references to intentional and willful acts from a medical negligence claim.
The court will not allow a new doctrine to be introduced at a stage in the litigation that is unreasonably late. To avoid prejudice, an amendment made late to a Bill of Particulars must be supported by an affidavit which gives a reasonable explanation for the delay of this amendment.
Physical Examination
It is possible to ask the reason why a doctor, who doesn't know you, or your medical history, and isn't familiar with the specifics of your incident, would be asked to conduct a medical exam. However, this type of exam is actually required under Washington law, and could be beneficial to your case.
Typically, IMEs are conducted by medical doctors who are employed by the insurance company representing the defendant and aim to provide a different view of your injuries. These doctors, who are sometimes referred to as "independent" are able to have their own agendas and financial interests in reducing the amount of compensation which can be awarded to injured victims.
If you decide to undergo an IME, your Orange County personal injury lawyer will make sure that you are aware of what to expect and provide a copy of all relevant medical records to the doctor to review. Your lawyer will be present during the IME to ensure that the questions asked by the doctor are in accordance with your medical records. It is essential to avoid playing around with the severity of your injuries with these doctors, as they are trained to recognize fraud and could utilize this information against you in trial.