What is a Personal Injury Lawsuit? If you've been injured through the actions or inactions, you could be able to recover compensation. To find out more about your rights under the law, contact an experienced personal injury lawyer. A personal injury lawsuit is a civil dispute where the plaintiff is seeking money to cover their losses, such as medical expenses, lost wages, property damage and other expenses. The process can take anywhere from several months to several years. Damages A personal injury lawsuit is an action to compel another person or entity to pay you compensation for the damages resulting from an accident. The plaintiff is the one who was injured and the defendants are the parties 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: compensatory and punitive. Compensatory damages are meant 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 suffering and pain. Punitive damages are not common and are designed to punish the offender for extreme behavior. The first category of damages is usually referred to as economic damages. This includes all out-of-pocket expenses associated with the accident or injury. These could include hospital bills medical expenses, doctor's charges and physical therapy costs. In some instances additional expenses, such as the cost of travelling to and from appointments, or modifications made to your home for permanent disabilities may also be included in the claim. Non-economic losses are often referred to as pain and suffering damages. These damages are more difficult to quantify, and include the emotional distress and mental anguish that an accident can cause. Your lawyer can help you evaluate these damages based upon the severity of your injury. It could be based on the ability to enjoy activities you previously enjoyed or your loss of connection with family members. Statute of limitations A legal rule known as the statute of limitations obliges anyone injured in an accident must file an action before a specific date or else the claim will be dismissed. This is to stop evidence from being forgotten or lost and to stop individuals from dragging litigation relating to incidents out indefinitely. The exact length of time for filing a claim varies between states, however personal injury claims generally have a two- to four-year time limit. However there are exceptions that could extend the amount of time a victim has to make a claim, and they should seek legal advice when to determine whether or not their case falls into one of these exceptions. One of the main facets of the statute of limitations is that it only applies to the filing of a lawsuit in court. Many injury cases are resolved through the process of filing an insurance claim and do not require a formal lawsuit filing. Even so, it is important to allow yourself enough time to pursue legal action in the event that negotiations fail to follow the plan or there is a problem that cannot be resolved through the insurance system. A few circumstances can pause the clock of the statute of limitations however these cases are very rare and have to be evaluated on an individual basis. For example the statute of limitations might not start running until a victim discovered or ought to have realized that their injuries were caused by another person's negligence, and in certain states, such as New York, the statute of limitations differs for claims against municipalities. Complaint A personal injury lawsuit is a civil action filed by an injured party against the person or entity who caused the injury. The plaintiff claims that the defendant breached the duty of care, that the breach caused harm and losses to the plaintiff, and that the defendant is accountable for the losses. The first document you file with a personal injury lawsuit is known as the complaint, and it contains specific details about the incident that led to your injuries and outlines the damages you are seeking. The complaint also includes the prayer of relief that outlines what you want the court to do. The summons and complaint should be handed over to the defendant. The defendant must respond to the complaint within specific time frames and either accept or deny all allegations contained in the complaint. The defendant may also file a counterclaim, or add a third party defendant to the case by naming third party defendant. A successful personal injury lawsuit depends on solid evidence such as medical records and testimony from witnesses. We work closely with our clients to ensure that all relevant information is gathered and included in the case. The evidence will also help us negotiate with the defendant's attorneys or insurance agents to obtain the best settlement offer possible. Preliminary Conference In a personal injury case the lawyer for you must prove that negligence on the part of the defendant caused your accident. You must also prove you were injured in your accident and that these injuries are worth an amount of money. It can be a lengthy process however, the trial is where you can finally determine whether you'll receive the compensation you deserve. In a trial before a jury, your lawyer will argue that the defendant is liable and must pay you for the losses you suffered. The defendant will provide evidence to prove that their actions are not connected to the accident. This will stop them from paying you for your losses. You must attend a pre-trial discussion prior to proceeding with the trial. This is the first time that your case has deadlines set by a judge. This is also when your attorney will discuss the case with the defense. Preliminary conferences are typically conducted by a judicial registrar or an individual from the court's staff. If the case is handled under New York's Differentiated Case Management Rule, or is otherwise exempt from the Rules All participants are required to attend in person. If a person is unable to attend in person, the convenor can allow them to participate by phone or via the internet. If your case is going to be part of the Differentiated Case Management program, an initial conference can be a chance to determine whether your case falls within one of the three classifications - expedited, standard or complex. Bill of Particulars When a summons and complaint are filed, the defendants named in the lawsuit have twenty or thirty days to submit an Answer (although this time frame can be extended if the court gives permission). After the Answer has been filed, the case moves into what is called the discovery phase. In this stage the parties exchange information through written discovery demands and depositions. At the conclusion of discovery The attorney for the plaintiff prepares what is called a Bill of Particulars. The document details the legal claims being made and the relief requested - typically an award of money damages. The Bill of Particulars is meant to inform the defendant of the specific legal claims that are made so that they can prepare for trial. The court must examine a Bill of Particulars before it is allowed to be enforced. In general, the court will only be able to abide by the Bill of Particulars if it is not vague or overbroad. A Bill of Particulars must only include the specific acts of neglect that are being asserted, and not add any new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ), for example, was a case where the court found that the plaintiff had not been negligent. 1994), the court sustained the motion to strike references to intentional and willful acts from a medical malpractice claim. Similarly, the court will not allow the addition of a new theory of recovery at an unreasonable late point in the action. To avoid causing prejudice, an amendment made late to a Bill of Particulars must be supported by an affidavit that provides a reasonable explanation for the delay of this amendment. Physical Exam It is possible to ask why a doctor, who isn't familiar with you or your medical history and isn't familiar with the details of your incident, would be required to conduct a medical exam. This type of exam, which is required by Washington law, could be beneficial to your case. Typically, Plantation injury lawsuit are conducted by doctors medical who are hired by the insurance company representing the defendant and their aim is to offer a different perspective on your injuries. These doctors, sometimes referred to as independent and have their own agendas and financial interests in reducing the compensation that can be given to victims of injuries. Your Orange County personal injury attorney will ensure that you are aware of what you can 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 ensure that the questions asked by the doctor are in line with your medical records. You should not downplay or exaggerate the severity of your injuries to these doctors. They are trained to spot fraudulent behavior, and can make use of this information in a trial.
Plantation injury lawsuit
