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 legal rights get in touch with a seasoned personal injury lawyer.
A personal injury lawsuit is a civil litigant in which the plaintiff seeks compensation for their loss. This can include medical bills or lost wages, as well as property damage. The process can last from a few months to several years.
Damages
A personal injury lawsuit is a legal action that is used to compel another person, or entity to pay you for damages resulting from an accident. The plaintiff is the injured party and the defendants are the ones accountable. Personal injury cases may include cases of wrongful death when someone dies due to negligence or wrongdoing of others.
A victim's damages are typically broken down into two groups which are: punitive and compensatory. Compensatory damages include medical bills as well as pain and suffering compensation, and other out-of-pocket expenses. Punitive damages are rare and are designed to punish the offender for extreme behavior.
This category covers all costs caused by the injury or accident. These could include doctor's bills as well as hospital expenses and physical therapy expenses. Some claims may also include additional expenses, such as transportation costs to and from appointments or modifications to your home to accommodate a permanent disability.
Non-economic damages can also be described as "pain and suffer" damages. These damages are more difficult to quantify, and they include the emotional distress and mental anguish that accidents can cause. Based on the extent of your injuries, your lawyer will help you place a value on the damages. This could be based on the ability to carry out the things you were previously able to do or your loss of consortium with your family.
Statute of Limitations
A legal requirement known as the statute of limitation obliges anyone injured in an accident file an action before a specific date or else their claim will be dismissed. This is done to prevent evidence from being lost or lost and to stop individuals from dragging litigation relating to incidents out for an indefinite period.
The exact length of time for filing a claim varies from state to state however personal injury claims generally have a two- to four-year time limit. However there are exceptions that may prolong the time a victim has to make a claim, and they should seek legal advice for assistance in to determine whether or not their case falls into one of these exceptions.
The statute of limitations is only applicable to lawsuits filed in the court. Many cases of injury are resolved through the process of filing an insurance claim and do not require formal lawsuit filing. But, it's crucial to give yourself enough time to take legal action in the event that negotiations don't take place as planned or if an issue arises that can't be resolved through the insurance system.
Certain circumstances can stop the clock on the statute of limitations, but they are not common and have to be assessed on a case by case basis. The statute of limitation may not begin 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 against municipalities.
Complaint
A personal injury lawsuit is a civil case initiated by a victim against the person or entity that caused the injury. The plaintiff claims that the defendant violated their duty of care and this breach resulted in harm and losses for the plaintiff. The defendant is held responsible for these damages.
The first document you file with a personal injury lawsuit is called the complaint. It contains detailed allegations about the incident that led to your injuries and outlines the damages you seek. It also contains an "prayer for relief" that describes what you would like the court to do. The summons and complaint should be handed over to the defendant.
The defendant must respond to the complaint within a set of time limits and either admit or deny the allegations made in the complaint. The defendant can also file a counterclaim against the plaintiff or introduce another defendant as third-party defendant.
A successful personal injury lawsuit is built on solid evidence, including medical documents and witness testimony. We work closely with our clients to gather all relevant information and then include it in the case. The evidence will also assist us negotiate with the attorney for the defendant or insurance representatives to get the best settlement possible.
Preliminary Conference
In a personal injury lawsuit, your attorney must prove that the negligence of the defendant led to your accident. You must be able to prove that you sustained injuries from your accident, and that those injuries warrant financial compensation.
It's not an easy process, but it's at the trial that you'll be able to determine if you receive the damages you are entitled to. In a trial before the jury, 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 the defendant from paying for your losses.
Pembroke Pines must attend a pre-trial conference before you can proceed with the trial. This is typically the first time your case will have deadlines that are set by the Court itself. This is also the time where your attorney will discuss the case with the defense.
Preliminary meetings are usually held by a judicial registrar or someone on the court's staff. Unless the case is being handled under the New York's Differentiated Case Management Rule, or if it is exempted from the Rules All parties are required to attend in person. If a party is unable to attend in person, the convenor can permit them to participate via telephone or online. If your case will be part of the Differentiated Case Management Program, a preliminary meeting is also an opportunity to determine whether your case falls under one of three categories - complicated or expedited standard.
Bill of Particulars
After the summons and complaint have been filed, defendants named in the lawsuit will be given twenty to thirty days (although this deadline is able to be extended by the court). After the Answer has been filed, the matter moves into what is called the discovery phase. During this phase, both parties exchange information through written discovery demands and depositions.
After the discovery process is concluded the attorney representing the plaintiff drafts what is called a Bill of Particulars. This document outlines legal claims and the relief sought - 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 he or she is able to effectively prepare for trial.
Before a Bill of Particulars can be accepted, it must be scrutinized by the court. Generally, the court will only accept a Bill of Particulars that is not vague or overly broad. A Bill of Particulars should be limited to the specific negligence that is being claimed and should not add new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ) for instance was a case in which the court found that the plaintiff had not been negligent. 1994) the court granted the motion to strike all references to intentional and willful acts from a medical malpractice claim.
Similarly, the court will not allow the introduction of a new doctrine of recovery at an unreasonably late point in the action. In order to avoid resultant prejudice, a belated amendment to the Bill of Particulars should only be permitted if supported by an affidavit offering a reasonable excuse 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 isn't familiar with the details of your accident, would be required to conduct a medical exam. This type of exam, which is required by Washington law, can be beneficial to your case.
Typically, IMEs are conducted by medical doctors who are employed by the defendant's insurance company and their goal is to provide a different view of your injuries. These physicians, who are sometimes referred to as "independent", have their own agendas and financial interests in reducing the amount of compensation which is awarded to injured victims.
Your Orange County personal injury attorney will ensure that you understand what to expect from an IME and will provide the doctor with a copy of all pertinent medical records. Your lawyer will be present during the IME to ensure that the questions asked by the doctor are in line with your medical records. It is essential to avoid playing with the severity of your injuries to these doctors, as they are trained to spot the deceit and may use this information against you at trial.