What is a Personal Injury Lawsuit?
If you've been injured through the actions or inactions, you may be eligible for compensation. To learn more about your rights under the law to pursue compensation, consult a knowledgeable personal injury lawyer.
A personal injury lawsuit is civil litigant in which the plaintiff seeks compensation for their loss. This includes medical bills, lost wages and property damage. 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 damage caused by an accident. The plaintiff is the victim and the defendants are accountable. Personal injury cases can also include wrongful death claims when someone dies due to inattention or negligence of others.
Damages are usually classified into two categories: compensatory and punitive. Compensatory damages are intended to make the victim whole and regain their financial security, which includes out-of-pocket expenses such as medical expenses as well as compensation for pain and suffering. Punitive damages, which are not common and are designed to punish the offender when they have committed a number of extreme actions.
The first category of damages is usually known as "economic damages." This covers any out-of-pocket costs resulting from the accident and injuries. These could include hospital bills medical expenses, doctor's charges and physical therapy costs. Some claims could also cover additional costs, like the cost of travel to and from appointments or modifications to your home to accommodate a permanent disability.
Non-economic damages are also described as "pain and suffer" damages. These are more difficult to quantify and are a result of the mental and emotional stress, anguish and suffering that accidents 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 were previously able to do or your loss in consortium with your family.
Statute of limitations
Under a legal rule called the statute of limitations, any person who suffers an injury in an accident must file a lawsuit within a specified time or their claim will be rejected by the courts. This is to prevent evidence from being lost or lost in the shuffle and to prevent people from dragging out incident-related litigation indefinitely.
The exact duration of time differs between states, however personal injury claims generally have a two- to four-year limit. However, there are exceptions that may extend the time that a victim must submit their claim. They should seek legal advice for assistance in determining whether or not their case falls within one of the exceptions.
The statute of limitations applies only to lawsuits filed in the court. Insurance claims are typically used to resolve injuries and do not require formal lawsuits. But, it's important to leave yourself plenty of time to take legal action in the event that negotiations fail to go as planned or an issue arises that can't be easily addressed through the insurance system.
Certain circumstances can stop the clock on the statute of limitations, however they are rare and need to be evaluated on a case-by case basis. The statute of limitations might not be established until the victim discovers or should have known that the injury was caused by someone else's negligence. In certain states, such as New York, it is different for claims made against municipalities.
Complaint
A personal injury lawsuit is a civil case brought by an injured person against the person or entity that caused the injury. It claims that the defendant breached their duty of care, and that this breach resulted in harm and losses for the plaintiff. The defendant is held accountable for the losses.
The complaint is the initial document that you file in a personal injury case. It provides detailed details regarding the incident that caused your injuries, as well as the damages you seek. It also contains a "prayer for relief" which outlines what you want the court to do. The summons and complaint should be delivered to the defendant.
After the complaint is filed, the defendant is required to file an answer to the complaint within a certain time frame, and must either accept or deny the allegations made in the complaint. The defendant may also file a counterclaim or add another defendant to the case as third party defendant.
A successful personal injury lawsuit is built on solid evidence, such as medical documents and witness testimony. We work closely with our clients to ensure that all relevant information is collected and included in the case. The evidence we have can also assist us to negotiate with defendants' attorneys or insurance agents to negotiate the most favorable settlement offer.
Preliminary Conference
In a personal injury case, your attorney must prove that the defendant's negligence caused your accident. You must be able to prove that you sustained injuries due to your accident and that the injuries you sustained are worthy of financial compensation.
It's not an easy procedure, but it's at the trial that you'll finally know if you will get the compensation you deserve. In a jury trial your lawyer will argue that the defendant is accountable and must pay you for the losses you suffered. The defendant will present evidence that their actions are unrelated to the accident, which will prevent them from having to reimburse you for your losses.
You must attend a pre-trial meeting before you can proceed with the trial. This is often the first time your case will have deadlines that are set by the Court itself. This is also the time when your attorney will discuss the case with the defense.
Preliminary conferences are typically conducted by a judicial registrar or someone on the court's staff. Unless the case is handled in accordance with New York's Differentiated Case Management Rule, or otherwise exempted from the Rules the participants are required to attend in person. If, however, a person 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 if your case falls under one of three categories namely advanced standard or complex.
Bill of Particulars
After a complaint and summons are filed, the defendant parties who are named in the lawsuit have either twenty or thirty days in which to respond (although this time frame can be extended with the court's approval). Once the Answer has been filed, the case is moved into the discovery phase. In this period, both sides exchange information in the form of written discovery demands and depositions.
The lawyer of the plaintiff drafts a Bill of Particulars at the conclusion of the discovery. The document is a legal declaration of claims and the relief sought, usually an award of money damages. The Bill of Particulars is intended to inform the defendant notice of the specific legal claims being filed so that he or she can effectively prepare for trial.
Before a Bill of Particulars can be accepted, it must be examined by the court. In general, the court will only abide by the Bill of Particulars if it is not vague or overbroad. A Bill of Particulars must only include the specific acts of negligence that are being asserted, and not add any new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ) for instance was a case where the court concluded that the plaintiff had not been negligent. In 1994, the court upheld a motion to strike references to intentional or willful actions in a medical malpractice case.
The court will not allow a new theory to be added at an point in the case that is unreasonably late. To avoid prejudice, a late amendment to the Bill of Particulars must be supported by an affidavit which provides a reasonable explanation for the tardiness of the amendment.
Physical Exam
You might be wondering the reason why a doctor, who doesn't know you, or your medical history and isn't familiar with the specifics of your accident, should be required to conduct a medical exam. This type of exam is required by Washington law, can be beneficial to your case.
Typically, Chattanooga injury lawsuits are conducted by medical doctors who are employed by the insurance company representing the defendant and their goal is to offer a different perspective on your injuries. While they are sometimes called "independent," these physicians, just like insurance companies have their own agendas and financial stake in reducing the amount of compensation that may be granted to a victim who has been injured.
If you choose to undergo an IME, your Orange County personal injury lawyer will make sure that you are fully informed about what to expect and will provide copies of all relevant medical records to the doctor to look over. 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 important to avoid playing up or down the extent of your injuries with these doctors, as they are trained to recognize dishonesty and may use this information against you in trial.