Where Will Injury Lawsuit Be One Year From Right Now?
What is a Personal Injury Lawsuit?
If you've been hurt due to another's actions or inactions, you could be entitled to compensation. Contact a knowledgeable personal injury lawyer to learn more about your rights.
A personal injury lawsuit is civil litigation where the plaintiff seeks compensation for their loss. This includes medical expenses or lost wages, as well as property damage. The process can last from a few months to a few years.
Damages
A personal injury lawsuit is a legal action that is taken to force another individual or entity to compensate you for damages resulting from an accident. The person who is injured is referred to as the plaintiff and the parties responsible are referred to as defendants. Personal injury cases can also include wrongful death claims when someone dies because of the inattention or negligence of others.
Damages are usually divided into two categories: compensatory and punitive. Compensatory damages are meant to ensure that the victim is completely for good, including out-of-pocket costs such as medical expenses as well as compensation for pain and suffering. Punitive damages are rare and designed to punish the perpetrator for their extreme behavior.
This category covers all expenses that result from the injury or accident. accident injury lawyer could include doctor's fees, hospital costs and physical therapy costs. Some claims may also include additional expenses, such as transportation costs to and from appointments or home modifications to accommodate a permanent disability.
Non-economic damages are often called "pain and suffering" damages. These damages are harder to quantify and include the emotional distress and mental anguish 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 do things you did before or your loss of a relationship with family.
Statute of limitations
A legal rule known as the statute of limitation obliges anyone injured in an accident file an action before a specific date or the claim will be dismissed. This is done to prevent evidence from being forgotten or lost and to stop those who delay bringing litigation related to an incident out for an indefinite period.
The exact duration of time varies from state to state, but personal injury claims typically have a two- to four-year time limit. There are some exceptions to the time limit for filing claims. If you need help determining if your case falls under one of these exceptions, then it is recommended to seek legal advice.
A key aspect of the statute of limitations is that it only applies to the filing of an action in a court. Insurance claims are often used to settle injury cases and do not require formal lawsuits. It is nevertheless important to allow yourself enough time to file a lawsuit in the event that insurance negotiations do not go as planned or if there is a problem that cannot be resolved with insurance.
Certain circumstances can stop the clock on the statute of limitations, but these instances are rare and generally need to be considered on a case-by-case basis. The statute of limitation may not start until the person realizes or should have realized that the injury was caused by another's negligence. In some states, like New York, it is different for claims that are made against municipalities.
Complaint
A personal injury lawsuit is a civil suit brought by an injured person against the person or entity who caused the injury. It claims that the defendant violated their duty of care, and that this breach resulted in harm and losses for the plaintiff. The defendant is then held responsible for these damages.
The first document you file with a personal injury lawsuit is known as the complaint. It contains detailed allegations about the incident that caused your injuries. It also lists the damages you are seeking. The complaint also contains the "prayer of relief" that outlines what you want the court to do. The complaint and summons must be delivered to the defendant.
The defendant must respond to the complaint within specific time limits and either admit or deny all the allegations made in the complaint. The defendant can also make a counterclaim against the plaintiff or bring in a different defendant as a third-party defendant.
A successful personal injury lawsuit relies on solid evidence such as medical documents 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 help us negotiate with the attorney of 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 caused 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, but the trial is when you'll be able to decide if you'll receive the compensation you're entitled to. In a trial before a jury, your lawyer will argue that the defendant is at liability and that they must compensate you for your losses. The defendant will present evidence to prove that their actions were not related to the accident. This will prevent the defendant from paying for your losses.
You must attend a pre-trial discussion prior to proceeding with the trial. This is typically the first time your case will have deadlines set by the Court itself. This is also the time when your lawyer will discuss the case with the defense.
A judicial registrar, or an individual of the court staff typically conducts preliminary conferences. All participants must attend the preliminary 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 can permit them to attend via phone or online. If your case is part of the Differentiated Case Management Program, an initial meeting also provides an opportunity to determine if your case falls under one of three categories namely expedited standard or complex.
Bill of Particulars
After the summons and complaint have been filed, the defendants named in the lawsuit will be given between twenty and thirty days (although this timeframe is able to be extended by the court). After the Answer is filed, the case enters what is called the discovery phase. In this period both sides exchange information in the form of written demands for discovery 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 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 reviewed by the court. In general, the court will only be able to abide by the Bill of Particulars if it is not vague or overbroad. A Bill of Particulars should be limited to the specific acts of negligence 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 all references to willful and intentional actions from a medical malpractice claim.
Similarly, the court will not allow introduction of a new doctrine of recovery at an unreasonably late stage in the case. In order to avoid resultant adverse consequences, a late amendment to a Bill of Particulars should only be allowed when supported by an affidavit stating an acceptable explanation for the delay in the amendment.
Physical Examination
It is possible to ask the reason why a doctor, who doesn't know you, or your medical history and is unfamiliar with the details of your accident, should be asked to conduct a medical examination. But, this type of exam is actually required under Washington law, and can be helpful in your case.
Typically, IMEs are conducted by doctors medical who are hired by the insurance company representing the defendant and their goal is to provide a different perspective on your injuries. These physicians, who are sometimes called "independent" are able to have their own goals and financial interests in reducing the compensation that is given to victims of injuries.
If you choose to undergo 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 for the doctor to examine. Your lawyer will be present during the IME to ensure that the questions asked by the doctor are consistent with your medical records. It is crucial to not play around with the severity of your injuries with the doctors, since they are trained to recognize dishonesty and may utilize this information against you in trial.