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. To learn more about your rights under the law, contact an experienced personal injury lawyer.
A personal injury lawsuit is a civil dispute in which the plaintiff seeks money to compensate for their losses, which include medical bills, lost wages property damage, and other costs. The process can take anywhere from several months to several years.
Damages
A personal injury lawsuit is a legal proceeding to compel another person or entity to pay you compensation for the damage caused by an accident. The plaintiff is the one who was injured, and the defendants are the ones responsible. Personal injury cases can include the wrongful death of a person who dies because of the negligence or wrongful actions of others.
Damages are typically classified into two categories: compensatory and punitive. Ontario injury lawsuits are intended to ensure that the victim is completely again, including out-of-pocket expenses such as medical expenses and compensation for suffering and pain. Punitive damages are not common and are designed to punish the offender for extreme behavior.
This category includes all expenses caused by the injury or accident. These could include doctor's bills as well as hospital expenses and physical therapy expenses. Some claims could also cover additional expenses, such as the cost of travel to and from appointments, or the need to modify your home to accommodate a permanent disability.
Non-economic damages can also be called "pain and suffer" damages. They are more difficult to quantify and include the emotional distress, mental suffering and anguish caused by accidents. Your lawyer will assist you to determine the value of these damages based on the severity of your injuries. This could be based on your ability to enjoy activities you were previously able to enjoy or your loss of consortium with family members.
Statute of limitations
In a legal rule known as the statute of limitations, any person who suffers injury as a result of an accident must file a lawsuit within a specific time period or their claim will be rejected by the courts. This is to stop evidence from being lost or lost, and also to stop individuals from dragging litigation relating to incidents out for an indefinite period.
The exact duration of the time limit is different from one state to another, but the majority of personal injury claims have a time limit of between two and four years. There are certain exceptions to the period for filing a claim. If you require assistance in determining whether your case falls within one of these exceptions, then it is recommended to seek legal advice.
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. It is nevertheless important to give yourself enough time to bring a lawsuit in the event that insurance negotiations 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, but they are extremely rare and have to be evaluated on a case-by case basis. For example, the statute of limitations might not begin to run until a victim has discovered or should have reasonably discovered that their injuries were caused by a negligent actions, and in certain states, like New York, the statute of limitations differs for claims against municipalities.
Complaint
A personal injury lawsuit is filed by a victim against the person who caused the injury. It claims that the defendant violated the duty of care, that the breach caused harm and losses to the plaintiff and that the defendant should be held accountable for the losses.
The first document filed in a personal injury lawsuit is referred to as the complaint. It contains specific details about the incident that led to your injuries and outlines the damages you are seeking. It also contains the "prayer for relief" that outlines what you want the court to do. The complaint and summons must be given to the defendant.
The defendant must respond to the complaint within certain time limits and either admit or deny the allegations made in the complaint. The defendant may also file a counterclaim, or add a third party defendant to the case by naming a third party defendant.
A successful personal injury lawsuit relies on solid evidence including medical records and testimony from witnesses. We collaborate closely with our clients to ensure that all relevant information is gathered and included in the case. The evidence can also help us negotiate with the attorney of the defendant or insurance companies to negotiate the best settlement offer possible.
Preliminary Conference
In a personal injury case, your lawyer must prove that negligence on the part of the defendant led to your accident. You must also prove that you suffered injuries in your accident and that these injuries are worth the amount of financial compensation.
It's not an easy procedure, but it's at the trial that you'll finally know if you will be awarded the compensation you are entitled to. In a trial before a jury, your lawyer will argue the defendant's responsibility and they will argue that they have to be held accountable for your losses. The defendant will present evidence that their actions do not contribute to the accident, which will keep them from having to compensate you for your losses.
You must attend a pre-trial meeting before you can proceed with the trial. This is the first time your case is subject to deadlines set by a judge. This is also the time when your attorney will be discussing the matter with the defense.
Preliminary conferences are usually conducted by a judicial registrar or someone on the court's staff. All participants must attend the preliminary conference in person unless the case has been handled by the New York's Differentiated Case Management Rule or the Rules are exempted in other ways. If a party is unable to attend in person, they are able to take part via phone or online, with the consent of the convenor. If your case will be part of the Differentiated Case Management Program, a preliminary meeting is also an opportunity to determine if your case falls within one of three categories namely expedited standard or complex.
Bill of Particulars
After the summons and complaint have been filed, defendants named in the lawsuit will have twenty to thirty days (although this time frame can be extended by the court). After the Answer is filed, the case enters what is called the discovery phase. During this time both sides exchange information in the form of written discovery demands and depositions.
The lawyer for the plaintiff prepares the Bill of Particulars at the conclusion of the discovery. The document details the legal claims that are being made and the relief sought - usually 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 can prepare effectively for trial.
Before a Bill of Particulars can be followed, it has to be reviewed by the court. In general, courts will only comply with a Bill of Particulars that is not vague or broad. A Bill of Particulars should be limited to the specific acts of negligence asserted and should not include new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ) for instance was a case in which the court concluded that the plaintiff was not negligent. In 1994, the court upheld the motion to strike out any references to willful or intentional acts in a medical negligence case.
The court will also not permit a new theory to be added at any point in the case that is unreasonablely late. To avoid prejudice, any late amendment to the Bill of Particulars must be supported by an affidavit, which gives a reasonable explanation of the tardiness of the amendment.
Physical Exam
You might be wondering why a doctor, who isn't familiar with you or your medical history, and isn't familiar with the details of your accident, should be required to conduct a medical examination. But, this type of exam is actually a requirement under Washington law, and could be beneficial in your case.
IMEs are usually conducted by doctors employed by the defendant’s insurance company. Their aim is to provide an alternative view of your injuries. These doctors, who are often referred to as "independent" are able to have their own agendas and financial stakes in reducing the amount of compensation that can be paid to victims.
If you decide to go through an IME If you decide to undergo an IME, your Orange County personal injury lawyer will ensure that you are fully informed about what to expect and will provide the complete set of medical records for the doctor to examine. Your lawyer will also be present at the IME and will ensure that you are being treated in a fair manner by ensuring that the doctors ' questions aren't divergent from the ones you have in your medical records. You should not downplay or exaggerate the severity of your injury to these doctors. They are trained to detect dishonesty, and could make use of this information in a trial.