A Look At The Ugly Truth About Injury Lawsuit
What is a Personal Injury Lawsuit?
You may be eligible for compensation if you were injured as a result of the actions or inactions of another person. Contact a seasoned personal injury attorney to learn more about your rights.
A personal injury lawsuit is a civil dispute where the plaintiff seeks compensation for their loss. This includes medical bills or lost wages, as well as property damage. The process can take anywhere from several months to several years.
Damages
A personal injury lawsuit is a legal process which is filed to compel another person, or entity to compensate you for the damages that result from an accident. The injured party 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 inattention or negligence of others.
The damages of a victim are typically divided into two categories which are: punitive and compensatory. Livonia injury attorneys are meant to ensure that the victim is completely for good, including out-of-pocket costs such as medical bills and compensation for pain and suffering. Punitive damages, which are very rare and are designed to punish the offender if they have committed extreme actions.
This category includes all expenses incurred as a result of the accident or injury. This could include hospital bills medical expenses, doctor's charges and physical therapy costs. Some claims could also cover additional costs, like travel costs to and from appointments or home modifications to accommodate a permanent disability.
Non-economic damages are commonly called "pain and suffering" damages. These damages are difficult to quantify and comprise the emotional distress and mental stress that an accident can cause. Based on the severity of your injuries your lawyer will assist you to estimate the value of these damages. This might be based on your capacity to enjoy activities you used to do or the loss of your relationship with family members.
Statute of Limitations
A legal requirement, known as the statute of limitations, any person who is injured in an accident must file a lawsuit within a specified time or else their claim will be dismissed by the courts. This is to safeguard evidence from being lost or forgotten, and to stop people from carrying out incident-related litigation indefinitely.
The exact time limit differs from one state another, but most personal injury claims have a time frame of two to four years. However there are exceptions that could extend the time required for a victim to make a claim, and they should seek legal advice when to determine if their case falls into one of these exceptions.
A key aspect of the statute of limitations is that it only applies to the filing of an action in court. A majority of injuries cases are resolved through the insurance claim process and do not require a formal lawsuit filing. It is essential to allow yourself sufficient time to bring a lawsuit in the event that negotiations with insurance aren't as smooth as you had hoped, or if there is a problem which cannot be resolved through insurance.
Certain circumstances can stop the clock of the statute of limitations however these cases are extremely rare and need to be considered on an individual case-by-case basis. The statute of limitation may not begin until the victim is aware or should have known that the injury resulted from someone else's negligence. In certain states, like New York, it is different for claims against municipalities.
Complaint
A personal injury lawsuit is a civil action filed by an injured party against the person or entity who caused the injury. It claims that the defendant breached their duty of care and that this breach caused damage and losses for the plaintiff. The defendant is accountable for the damages.
The complaint is the primary document that you file in a personal injury case. It contains detailed allegations concerning the incident that led to your injuries, as well as the damages you seek. The complaint also contains a "prayer for relief" which outlines what you would like the court to do. The complaint and summons must be given to the defendant.
The defendant must respond to the complaint within certain time limits and either admit or deny the allegations made in the complaint. The defendant may also bring a counterclaim against plaintiff or bring in another defendant as third-party defendant.
A successful personal injury lawsuit relies on solid evidence such as medical records and testimony from witnesses. We work closely with our clients to gather all relevant information and then include it in the case. The evidence we gather can also assist us to negotiate with defendants' attorneys or insurance companies to negotiate the most favorable settlement offer.
Preliminary Conference
In a personal injury lawsuit your lawyer must demonstrate that the negligence of the defendant caused your accident. You must also prove you suffered injuries in your accident and that these injuries are worthy of financial compensation.
It can be a lengthy process, but the trial is where you can finally determine whether you'll receive the compensation you're entitled to. In the trial before jurors your lawyer will argue the defendant's responsibility and they will argue that they have to compensate you for your losses. The defendant will provide evidence to prove that their actions were not related to the accident. This will stop them from settling your losses.
You must attend a pre-trial meeting before you can proceed with the trial. This is the first time that your case has deadlines set by a court. This is also the time where your lawyer will discuss the case with the defense.
Preliminary meetings are usually held by a judicial registrar or a member of the court's staff. All participants 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 may take part via phone or online with the permission of the convenor. If your case is 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
When a summons and complaint are filed, the defendants who are named in the lawsuit have twenty or thirty days to respond (although this time frame can be extended if the court gives permission). Once the Answer is filed, the case enters what is known as the discovery phase. During this phase 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. The document details 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 they is able to effectively prepare for trial.
The court must examine the 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 isn't vague or overly broad. A Bill of Particulars should be limited to the specific acts of negligence claimed and should not add new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ), for example was a case in which the court ruled that the plaintiff had not been negligent. In 1994, the court upheld the motion to strike out references to intentional or willful actions in a medical malpractice case.
In the same way, the court will not allow introduction of a new theory of recovery at an unreasonable late point in the action. To avoid prejudice, a late amendment to the Bill of Particulars must be supported by an affidavit which gives a reasonable explanation of the delay of this amendment.
Physical Examination
You may question 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. This type of examination is required by Washington law, can be beneficial to your case.
IMEs are typically conducted by doctors hired by the insurer of the defendant. They are there to offer a different perspective on your injuries. Although they are often called "independent," these physicians - just like the insurance companies - have their own agenda and financial stake in decreasing the amount of compensation that could be granted to a victim who has been injured.
If you decide to go through an IME, your Orange County personal injury lawyer will ensure that you are aware of what to expect. They will provide copies of all relevant medical records to the doctor to look over. Your lawyer will also be present at the IME and will make sure that you are being treated with respect and courtesy by ensuring that doctors questions do not deviate from the ones you have in your medical records. It is important to avoid playing up or down the severity of your injuries with the doctors, since they are trained to recognize the deceit and may use this information against you in trial.