What is a Personal Injury Lawsuit?
You could be entitled to compensation if were injured as a result of the actions or inactions of a third party. To find out more about your rights under the law, contact an experienced personal injury lawyer.
A personal injury lawsuit is civil litigant where the plaintiff seeks compensation for their losses. This can include medical bills or lost wages, as well as property damage. The process can take several months to several years.
Damages
A personal injury lawsuit is a process to force another person or entity to pay you compensation for the damage caused by an accident. The plaintiff is the victim and the defendants are the parties responsible. If someone dies as a result of carelessness or infractions committed by others In wrongful deaths, the case can be included in personal injury lawsuits.
The damages of a victim are typically divided into two categories that are punitive and compensatory. Compensatory damages are intended to ensure that the victim is completely for good, including out-of-pocket costs like medical bills as well as compensation for pain and suffering. Punitive damages, which are not common and are intended to punish the wrongdoer if they have committed extreme acts.
The first type of damages is typically known as "economic damages." This is the term used to describe all out-of-pocket expenses associated with the accident and injuries. These might include doctor's bills as well as hospital expenses and physical therapy expenses. In some cases additional expenses, such as the cost of travelling to and from appointments or modifications made to your home to accommodate permanent disabilities can be included in a claim.
Non-economic losses are often referred to as "pain and suffering" damages. Farmington Hills injury attorneys are more difficult to quantify and are a result of the mental and emotional stress, suffering and anguish that accidents can cause. Depending on the severity of your injuries your lawyer can help you determine the value of the damages. It could be based on your ability to continue enjoying the activities you used to do or your loss of consortium with family members.
Statute of limitations
Under a legal rule called the statute of limitations, anyone who suffers injury as a result of an accident must file a lawsuit within a specified time or the claim will be dismissed by the courts. This is to protect evidence from being lost or forgotten and to stop people from carrying out incident-related litigation indefinitely.
The exact duration of time is different between states, however, personal injury claims typically have a two-to four-year limit. However there are exceptions that can prolong the time a victim has to submit their claim. They should seek legal advice for help determining whether or not their case falls within one of the exceptions.
One of the main facets of the statute of limitations is that it is only applicable to the filing of a lawsuit in court. Many cases of injury are resolved through the process of claiming insurance and do not require a formal lawsuit filing. But, it's important to allow yourself plenty of time to file a lawsuit in the event that negotiations do not go as planned or there is a problem that cannot be easily addressed through the insurance system.
Certain circumstances may stop the clock of the statute of limitations however these cases are rare and generally need to be analyzed on an individual case-by-case basis. For instance the statute of limitations might not start to run until a victim has discovered or should have reasonably discovered that their injury was caused by someone else's negligent actions, and in some states, such as New York, the statute of limitations is different for claims against municipalities.
Complaint
A personal injury lawsuit is a civil suit initiated by a victim against the person or entity who caused the injury. The plaintiff claims that the defendant breached the duty of care, and that the breach caused harm and loss to the plaintiff, and that the defendant is accountable for the damages.
The complaint is the first document that you file in a personal injury case. It contains detailed allegations concerning the incident that led to your injuries, and the damages you want. The complaint also contains the "prayer of relief" that outlines what you want the court to do. The complaint must be served on the defendant, along with a summons that is a notice that they are being sued.
The defendant must respond to the complaint within certain time limits and either admit or deny all the allegations in the complaint. The defendant can also file a counterclaim, or add a third party defendant to the case as third party defendant.
A successful personal injury lawsuit is based on solid evidence, which includes medical documents and witness testimony. We work closely with our clients to ensure that all relevant information is gathered and included in the case. The evidence we gather can also assist us to negotiate with the defendants' attorneys or insurance agents to negotiate the most favorable settlement offer.
Preliminary Conference
In a personal injury lawsuit your lawyer must demonstrate that the negligence of the defendant led to 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.
It can be a lengthy procedure, but it's at the trial that you will be able to determine if you receive the damages you deserve. In a jury trial your lawyer will argue that the defendant is liable and is required to compensate you for the losses you suffered. The defendant will provide evidence to show that their actions were unrelated to the accident. This will prevent them from paying you for your losses.
Before you can proceed to trial you must attend a preliminaries conference. This is often the first time your case will have deadlines set by the Court itself. It is also the time where your lawyer will discuss the case with the defense.
A judicial registrar, also known as a member of the court staff usually conducts preliminary conferences. Unless the case is handled under the New York's Differentiated Case Management Rule, or otherwise exempted from the Rules, all parties are required to attend in person. However, if a party is unable to attend in person, they may participate via phone or internet with the permission of the convenor. If your case will be part of the Differentiated Case Management Program, an initial meeting also provides an opportunity to determine whether your case falls into one of three categories - advanced 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 with the court's consent). Once the Answer is filed, the case enters what is known as the discovery phase. During this stage the parties exchange information via written demands for discovery and depositions.
Following the conclusion of discovery, the plaintiff's attorney prepares what is called a Bill of Particulars. This document outlines 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 inform the defendant notice of the specific legal claims being made, so that they can effectively prepare for trial.
Before a Bill of Particulars can be followed, it must be scrutinized by the court. In general, the court will only abide by a Bill of Particulars if it is not vague or overbroad. A Bill of Particulars should be limited to the specific acts of negligence being asserted and should not include new claims. For example in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. In 1994, the court affirmed a motion to strike any references to willful or intentional acts in a medical malpractice case.
In the same way, the court will not permit the introduction of a new theory of recovery at a disproportionately late stage in the litigation. To avoid adverse consequences, a late amendment to a Bill of Particulars should only be allowed if accompanied by an affidavit offering an acceptable explanation for the lateness of the 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 accident, should be asked to conduct a medical examination. This type of examination 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 representing the defendant and aim to provide a different view of your injuries. While they are sometimes called "independent," these physicians, just like insurance companies - have their own agenda and financial motives in reducing the amount of compensation that could be granted to a victim who has been injured.
Your Orange County personal injury attorney will ensure that you are aware of what you can expect from an IME and will give the doctor with a copy of all relevant medical records. 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 essential to avoid playing with the severity of your injuries with the doctors, since they are trained to recognize dishonesty and may use this information against you in trial.