What is a Personal Injury Lawsuit?
You could be entitled to compensation if you have suffered injuries due to the actions or inactions of a third party. Contact an experienced personal injury lawyer to learn more about your rights.
A personal injury lawsuit is civil dispute 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 take anywhere from a few months to several years.
Damages
A personal injury lawsuit is an action to compel another person or entity to pay compensation for the damages resulting from an accident. The party who suffered the injury is known as the plaintiff, while the parties responsible are referred to as defendants. Rock Hill injury attorney YouTube may include the wrongful death of a person who dies due to the inattention or negligence of others.
A victim's damages are typically broken down into two groups which are: punitive and compensatory. Compensatory damages are meant to help the victim get back on track for good, including out-of-pocket costs such as medical expenses as well as compensation for pain and suffering. Punitive damages are not common and designed to punish the wrongdoer for extreme conduct.
The first category of damages is usually called "economic damages." This is the term used to describe all out-of-pocket expenses associated with the accident and injuries. This could include hospital bills, doctor's fees and physical therapy costs. Some claims could also cover additional expenses, such as transportation costs to and from appointments, or the need to modify your home to accommodate a permanent disability.
Non-economic damages are also called "pain and suffer" damages. They are more difficult to quantify and involve the emotional distress, mental anxiety and suffering that an accident can cause. Your lawyer will assist you to value these damages based on the extent of your injury. This may be based on your ability to do activities you used to or your loss of consortium with family.
Statute of limitations
A legal requirement, known as the statute of limitations, any person who suffers an injury in an accident must bring a lawsuit within a specified time or else their claim will be rejected by the courts. This is to stop evidence from being forgotten or lost, and also to stop individuals from dragging litigation relating to incidents out for a long time.
The exact length of time for filing a claim varies between states, but personal injury claims typically have a two- to four-year time limit. However, there are exceptions that can prolong the time required for a victim to make a claim, and they should seek legal advice for help determining whether or not your case falls under one of these exceptions.
The statute of limitations is only applicable to lawsuits filed in court. A majority of injuries cases are resolved through the process of claiming insurance 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 a problem arises which cannot be resolved through insurance.
A few circumstances can pause the clock on the statute of limitations, but these instances are rare and generally need to be evaluated on a case-by-case basis. The statute of limitation may not start until the person discovers or should have known that the injury was caused by someone else's negligence. In some states, like New York, it is different for claims made 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 the breach caused harm and losses for the plaintiff. The defendant is held responsible for these damages.
The complaint is the primary document that you file in a personal injury lawsuit. It includes specific allegations about the incident that caused your injuries, as well as the damages you are seeking. The complaint also contains a "prayer of relief" which outlines what you want the court to do. The complaint must be served on the defendant, along with a summons which is a notification that they are being sued.
After the complaint is filed, the defendant must respond to the complaint within a specified timeframe, and must either accept or deny the allegations in the complaint. The defendant can also file a counterclaim or add another defendant to the case by naming third party defendant.
A successful personal injury lawsuit is based on solid evidence including medical records and testimony from witnesses. We work 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 attorney for the defendant or insurance agents to obtain the most favorable settlement offer.
Preliminary Conference
In a personal injury case your lawyer must demonstrate that the negligence of the defendant caused your accident. You must also prove that you suffered injuries as a result of your accident, and that the injuries you sustained are worthy of financial compensation.
This can be a long process, but the trial is where you'll be able to decide if you'll receive the compensation you deserve. In the case of a trial before a jury your lawyer will argue that the defendant is at responsibility and they will argue that they have to be held accountable for your losses. The defendant will present evidence to show that their actions were unrelated to the accident. This will stop them from paying you for your losses.
Before proceeding to trial, you must attend a preliminaries conference. This is the first time that your case has deadlines set by a court. This is also the time when your attorney will discuss the case with the defense.
A judicial registrar, also known as an individual from the court staff, usually conducts preliminary conferences. If the case is handled in accordance with the New York's Differentiated Case Management Rule, or otherwise exempted from the Rules, all participants are required to attend in person. If a party is not able to attend in person, the convenor may 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 whether your case falls under one of three categories - complicated or expedited standard.
Bill of Particulars
After a summons or complaint are filed, the defendants who are named in the lawsuit have twenty or thirty days to file an Answer (although this deadline may be extended with the court's approval). Once 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.
The lawyer for the plaintiff prepares a Bill of Particulars at the end of the discovery. This document provides the legal claims being made 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 being made, so that they can prepare for trial.
The court must examine the Bill of Particulars before it can be complied with. Generally, the court will only abide by a Bill of Particulars that is not overbroad or vague. A Bill of Particulars must only include the specific acts of negligence that are being alleged and must not include new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ) for instance, was a case where the court ruled that the plaintiff had not been negligent. In 1994, the court upheld the motion to strike out any references to willful or intentional acts in a medical malpractice case.
The court will not allow addition of a new theory of recovery at an unreasonably late stage in the litigation. To avoid negative consequences, an amendment made late to a Bill of Particulars should only be allowed when supported by an affidavit offering an adequate explanation for the delay in the amendment.
Physical Examination
You might be wondering 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 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 insurance company of the defendant and aim to offer a different perspective on your injuries. These physicians, who are often referred to as "independent" are able to have their own agendas and financial stakes in reducing the amount of compensation that is paid to victims.
Your Orange County personal injury attorney will ensure that you understand what to expect from an IME and will provide a copy to the doctor of the relevant medical records. Your lawyer will also be present at the IME and will make sure that you are examined in a fair manner by ensuring that the questions of the doctor do not diverge from the ones in your medical records. It is essential to not play with the severity of your injuries with the doctors, since they are trained to recognize the deceit and may use this information against you at trial.