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What is a Personal Injury Lawsuit?
If you have been injured due to another's actions or inactions, you may be entitled to compensation. Contact a seasoned personal injury lawyer to find out more about your rights.
A personal injury lawsuit is a civil litigant where the plaintiff seeks compensation for their losses. This includes medical expenses or lost wages, as well as property damage. The process can take anywhere from several months to a few years.
Damages
A personal injury lawsuit is a legal proceeding to compel a person or entity to pay money for damages related to an accident. The plaintiff is the victim, and the defendants are accountable. If someone dies as the result of inattention or negligence of others the wrongful death case are often included in personal injury lawsuits.
The damages of a victim are typically broken down into two groups: compensatory and punitive. Compensation damages are based on medical bills as well as pain and loss compensation, and other out of pocket expenses. Punitive damages, which are very rare, are meant to punish the perpetrator when they have committed a number of extreme acts.
This category covers all costs caused by the accident or injury. This could include doctor's fees or hospital costs, as well as physical therapy costs. In some cases additional expenses, such as the cost of traveling to and from appointments or modifications made to your home to accommodate permanent disabilities can be included in the claim.
Non-economic damages are often referred to as "pain and suffering" damages. Cedar Rapids injury attorneys are more difficult to quantify, and comprise the emotional distress and mental stress that accidents can cause. Your lawyer will assist you to value these damages based on the severity of your injury. 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
A legal requirement known as the statute of limitations obliges anyone injured in an accident should file an action before a specific date or their claim will be dismissed. This is done to stop evidence from being lost or lost and to stop those who delay bringing litigation related to an incident out indefinitely.
The time frame for filing a claim varies from one state to another, but the majority of personal injury claims have a time frame of between two and four years. There are certain exceptions to the time to file claims. If you need help to determine if your claim is 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 often used to resolve injury cases and do not require formal lawsuits. But, it's important to allow yourself enough 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 can stop the statute of limitations clock, but these instances are extremely rare and need to be evaluated on an individual basis. The statute of limitations may not start until the person discovers or should have known that the injury resulted from someone else's negligence. In some states, such as New York, it is different for claims against municipalities.
Complaint
A personal injury lawsuit is filed by the victim against the person who caused the injury. It claims that the defendant violated the duty of care, and that the breach caused harm and loss to the plaintiff, and that the defendant should be held accountable for the losses.
The complaint is the initial document that you file in a personal injury case. It includes specific allegations concerning the incident that caused your injuries, and the damages you are seeking. The complaint also includes the "prayer of relief" that outlines what you would like the court to do. The summons and complaint should be given to the defendant.
After the complaint is filed, the defendant has to file an answer to the complaint within a specified time frame, and may either deny or admit the allegations made in the complaint. The defendant can also file a counterclaim against the plaintiff or bring in another defendant as a third-party defendant.
A successful personal injury lawsuit relies on solid evidence, including medical documents and testimony from witnesses. We work closely with our clients to gather all relevant information and include it in the case. The evidence will also assist us negotiate with the attorney for the defendant or insurance companies to negotiate the best settlement offer possible.
Preliminary Conference
In a personal injury lawsuit your lawyer must demonstrate that the defendant's negligence caused your accident. You must also prove you were injured in the accident and that the injuries are worthy of financial compensation.
It's a long procedure, but it's at the trial that you'll be able to determine if you get the compensation you are entitled to. In a jury trial, your lawyer will argue that the defendant is accountable and is required to compensate you for your losses. The defendant will provide evidence that their actions are not related to the accident, which will keep them from having to reimburse you for your losses.
Before you can proceed to trial you must attend a preliminary conference. This is the first time that your case will be subject to deadlines imposed by a judge. This is also when your lawyer will discuss the matter with the defense.
A judicial registrar, also known as a member from the court staff, typically holds 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 be present 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 going to be a part of the Differentiated Case Management program, a preliminary conference will also be a chance to determine whether your case falls under one of the three classifications - expedited, standard or complex.
Bill of Particulars
After the summons and complaint have been filed, defendants named in the lawsuit will be given between twenty and thirty days (although this timeframe can be extended by the court). After the Answer is filed, the case moves into what is known as the discovery phase. In this stage both parties exchange information via written demands for discovery and depositions.
At the conclusion of discovery the attorney representing the plaintiff drafts what is called a Bill of Particulars. This document outlines the legal claims that are being made and the relief sought - usually an award of money damages. The Bill of Particulars is intended to put the defendant on notice of the specific legal claims being made so that they is able to effectively prepare for trial.
Before a Bill of Particulars can be followed, it has to be scrutinized by the court. Generally speaking, 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 neglect that are being alleged and not include any new claims. For instance, in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. 1994) the court granted the motion to strike all references to willful and intentional acts from a medical malpractice claim.
The court will also not permit a new theory to be added at a point in the action that is unreasonablely late. In order to avoid resultant adverse consequences, a late amendment to the Bill of Particulars should only be allowed when supported by an affidavit offering an acceptable explanation for the delay in the amendment.
Physical Exam
You may question the reason why a doctor, who doesn't know you, or your medical history, and isn't familiar with the specifics of your incident, would be required to conduct a medical exam. This type of exam is required under Washington law, could be beneficial to your case.
Typically, IMEs are conducted by doctors medical who are hired by the insurance company representing the defendant and aim to offer an alternative view of your injuries. While they are sometimes referred to as "independent," these physicians, just like insurance companies - have their own agenda and financial stake in cutting down on the amount of compensation that may be awarded to an injured victim.
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 copies of all relevant medical records for the doctor to look over. Your lawyer will be present during the IME to ensure that the questions posed by the doctor are in line with your medical records. It is important to avoid playing with the severity of your injuries to the doctors, since they are trained to spot the deceit and may utilize this information against you in trial.