The 10 Scariest Things About Injury Lawsuit
What is a Personal Injury Lawsuit?
YouTube could be entitled to compensation if were injured as a result of the actions or inactions of a third party. To find out more about your rights under the law get in touch with a seasoned personal injury lawyer.
A personal injury lawsuit is a civil matter in which the plaintiff seeks compensation for their losses, including medical bills, lost wages property damage and other expenses. The process can take anywhere from several months to several years.
Damages
A personal injury lawsuit is a legal proceeding to compel a person or entity to pay compensation for the damages resulting from an accident. The plaintiff is the victim and the defendants are the parties accountable. If someone dies as the result of negligence or wrongdoing by others the wrongful death case may be part of personal injury claims.
Damages are typically classified into two categories: punitive and compensatory. Compensatory damages include medical bills as well as pain and loss compensation, and other out of pocket expenses. Punitive damages, which are not common and are designed to punish the offender for committing extreme acts.
The first type of damages is often referred to as "economic damages." This includes any out-of-pocket costs resulting from the accident or injury. This could include hospital bills as well as doctor's fees and therapy costs. In some instances, additional expenses like the cost of travelling to and from appointments or modifications to your home due to permanent disabilities can be included in a claim.
Non-economic damages are often described as "pain and suffering" damages. These are more difficult to quantify and involve the mental and emotional stress, suffering and anguish caused by accidents. Depending on the extent of your injuries, your lawyer will help you place a value on the damages. This might be based on your capacity to participate in activities that you used to do or your loss of consortium with family members.
Statute of limitations
Under a legal rule called the statute of limitations, anyone who suffers injury as a result of an accident must bring a lawsuit within a certain time frame or the claim will be rejected by the courts. This is done to stop evidence from being forgotten or lost and to stop people from dragging incident-related litigation out indefinitely.
The exact time limit differs from one state another, but the majority of personal injury lawsuits have a time frame of between two and four years. There are certain exceptions to the time to file a claim. If you need assistance determining if your case falls within one of these exceptions, then it is recommended that you seek legal advice.
The statute of limitations only applies to lawsuits that are filed in the court. Insurance claims are often used to settle injury cases and do not require formal lawsuits. It is still important to give yourself enough time to start a lawsuit in the event that negotiations with insurance don't go as planned, or if a problem arises that is not resolved by insurance.
Certain circumstances can stop the clock on the statute of limitations however these cases are rare and generally need to be evaluated on an individual case-by-case basis. The statute of limitation may not be established until the victim discovers or should have known that the injury was caused by another's negligence. In certain states, like New York, it is different for claims against municipalities.
Complaint
A personal injury lawsuit is filed by the victim against the person who caused the injury. It claims that the defendant breached their duty of care, and that 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 lawsuit. It contains detailed allegations regarding the incident that led to your injuries, as well as the damages you are seeking. It also contains a "prayer for relief" which 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.
After the complaint is filed, the defendant is required to submit an answer to the complaint within a specific time frame, and must either accept or deny the allegations in the complaint. The defendant can also bring a counterclaim against plaintiff or bring in another defendant as a third-party defendant.
A successful personal injury lawsuit is based on solid evidence, such as medical records and witness testimony. We collaborate closely with our clients to ensure that all relevant information is collected and included in the case. The evidence can also help us negotiate with the defendant's attorneys or insurance representatives to get the most favorable settlement offer.
Preliminary Conference
In a personal injury lawsuit your lawyer must demonstrate that the defendant's negligence caused your accident. You must also prove that you suffered injuries from your accident, and that your injuries are a valid reason for financial compensation.
This can be a long process, but the trial is when you'll be able to decide if you'll get the damages you deserve. In the trial before the jury your lawyer will argue for the defendant's responsibility and the need to compensate you for your losses. The defendant will argue that their actions do not contribute to the accident, which prevents them from having to compensate you for your losses.
Before proceeding to trial, you must attend a preliminary conference. This is the first time your case has deadlines set by a judge. It is also the time where your attorney will discuss the case with the defense.
A judicial registrar, or a member of the court's staff, typically holds preliminary conferences. Unless the case is handled under New York's Differentiated Case Management Rule, or if it is exempted from the Rules, all parties are required to attend in person. If, however, a person is unable to attend in person they are able to take part via phone or online with the permission of the convenor. If your case is to be part of the Differentiated Case Management program, a preliminary conference will also provide an opportunity to determine whether your case falls within one of the three classifications which are expedited, standard or complex.
Bill of Particulars
After the complaint and summons are filed, the defendants named in the lawsuit will have twenty to thirty days (although this timeframe is able to be extended by the court). After the Answer has been filed, the matter moves into the discovery phase. In this period the parties exchange information in the form of written discovery demands and depositions.
The plaintiff's lawyer prepares the Bill of Particulars at the conclusion of the discovery. The document is a legal declaration of claims and the relief sought - usually the award of damages in cash. The Bill of Particulars is meant to inform the defendant of the specific legal claims made, so that they can prepare for trial.
Before a Bill of Particulars can be followed, it must be scrutinized by the court. Generally, the court will only comply with 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 asserted and must not include new claims. For example in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. In 1994, the court upheld the motion to strike out the reference to willful or deliberate acts in a medical negligence case.
The court will not permit the introduction of a new theory of recovery at a disproportionately late stage in the litigation. To avoid causing prejudice, any late amendment to a Bill of Particulars must be supported by an affidavit, which gives a reasonable explanation for the lateness of this amendment.
Physical Examination
If a defense attorney, or an insurance company requests that you attend an Independent Medical Examination (IME), your natural first instinct may be to question the reason why a doctor who does not know you and your medical history and the specifics of your accident is being requested to conduct an exam. However, this kind of exam is actually a requirement under Washington law, and it could be beneficial to your case.
IMEs are usually conducted by doctors employed by the defendant’s insurance company. Their goal is to provide an alternative view of your injuries. These doctors, who are sometimes called "independent", have their own agendas and financial stakes in reducing the compensation that is awarded to injured victims.
Your Orange County personal injury attorney will make sure you know what to expect from an IME and will provide a copy to the doctor of the 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 crucial to not play up or down the extent of your injuries with these doctors, as they are trained to spot fraud and could use this information against you in trial.