What is a Personal Injury Lawsuit?
You may 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 find out more about your rights.
A personal injury lawsuit is a civil dispute in which the plaintiff seeks compensation for their losses. This includes medical bills or lost wages, as well as property damage. Pontiac injury lawyers can last between a few months and several years.
Damages
A personal injury lawsuit is a legal process which is filed to compel another person, or entity, to pay you compensation for damages caused by an accident. The plaintiff is the one who was injured, and the defendants are responsible. Personal injury cases can include cases of wrongful death when someone dies due to the negligence or wrongdoing of others.
Damages are typically classified into two categories: punitive and compensatory. Compensatory damages are meant to ensure that the victim is completely for good, including out-of-pocket costs such as medical bills as well as compensation for suffering and pain. Punitive damages are rare and are intended to penalize the wrongdoer for extreme conduct.
The first category of damages is usually known as "economic damages." This includes the cost of out-of-pocket expenses incurred due to the accident or injury. These might include doctor's bills, hospital costs and physical therapy costs. In some cases additional expenses, such as the cost of travelling to and from appointments, or modifications to your home due to permanent disabilities could be included in the claim.
Non-economic damages can also be described as "pain and suffer" damages. These damages are more difficult to quantify, and include the emotional distress and mental anguish that accidents can cause. Based on the severity of your injuries your lawyer will help you estimate the value of the damages. This could be based on the ability to do activities you used to or your loss in consortium with your family.
Statute of Limitations
A legal rule known as the statute of limitation requires that anyone who is injured in an accident must file an action within a specified date or else the claim will be dismissed. This is to stop evidence from being forgotten or lost, and also to stop people from dragging incident-related litigation out indefinitely.
The time frame for filing a claim differs from one state another, but the majority of personal injury claims have a limit of two to four years. However, there are exceptions that can extend the time required for a victim to submit their claim. They should seek legal advice for help to determine if their case falls into one of these exceptions.
One of the most important aspects of the statute of limitations is that it is only applicable to the filing of an action in court. Many injury cases are resolved through the process of claiming insurance and do not require formal lawsuit filing. Even so, it is important to allow yourself enough time to take legal action just in case insurance negotiations don't take place as planned or if there is a problem that cannot be easily addressed through the insurance system.
Certain circumstances can stop the statute of limitations clock however, these situations are extremely rare and need to be evaluated on an individual basis. The statute of limitation may not start until the person discovers or should have known that the injury was caused by another's negligence. In some states, such as New York, it is different for claims against municipalities.
Complaint
A personal injury lawsuit is a civil suit initiated by a victim against the person or entity that caused the injury. It claims that the defendant violated a duty of care, that this breach caused harm and losses to the plaintiff, and that the defendant should be held accountable for the damages.
The first document filed in a personal injury lawsuit is known as the complaint, and it contains detailed allegations about the incident that led to your injuries. It also outlines the damages you're seeking. The complaint also contains the "prayer for relief" that describes what you would like the court to do. The complaint must be served to the defendant with a summons which is a notification that they are being sued.
The defendant must respond to the complaint within certain deadlines and either admit or deny the allegations made in the complaint. The defendant can also file a counterclaim, or add another defendant to the case as third party defendant.
A successful personal injury lawsuit is built on solid evidence, including medical records and witness testimony. We work closely with our clients to collect the relevant information and incorporate it in the case. The evidence can also help us negotiate with the attorney of the defendant or insurance agents to obtain the best settlement offer possible.
Preliminary Conference
In a personal injury lawsuit, your attorney must prove that the defendant's negligence caused your accident. You must also prove you were injured in your accident and that your injuries are worthy of the amount of financial compensation.
It can be a lengthy process, but the trial is where you'll be able to decide if you'll be awarded the damages you're entitled to. In a jury trial your lawyer will argue that the defendant is responsible and is required to compensate you for the losses you suffered. The defendant will present evidence to show that their actions are not connected to the accident. This will stop the defendant from paying for your losses.
Before you can proceed to trial, you must attend a preliminary conference. This is the first time that your case is subject to deadlines set by a judge. This is also the time when your lawyer will discuss the case with the defense.
A judicial registrar, also known as a member from the court staff, typically conducts preliminary conferences. If the case is handled in accordance with New York's Differentiated Case Management Rule, or otherwise exempted from the Rules All parties are required to be present in person. If a person is unable to attend in person, the convenor can permit them to participate via phone or via the internet. If your case is part of the Differentiated Case Management Program, a preliminary meeting is also an opportunity to determine whether your case falls within one of three categories namely advanced standard or complex.
Bill of Particulars
After a summons or complaint are filed, the defendant parties who are named in the lawsuit have either twenty or thirty days in which to submit an Answer (although this deadline can be extended with the court's consent). Once the Answer has been filed, the case is moved into the discovery phase. In this period the parties exchange information in the form of written discovery demands and depositions.
Following the conclusion of discovery the attorney representing the plaintiff drafts what is known as a Bill of Particulars. This document outlines the legal claims being made and the relief sought, usually an award of money damages. The Bill of Particulars is meant to inform the defendant of the specific legal claims being made, to help them prepare for trial.
The court must examine the Bill of Particulars before it can be complied with. Generally, the court will only accept a Bill of Particulars that is not vague or overly broad. A Bill of Particulars must only include the specific acts of negligence that are being claimed and must not include new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ) for instance was a case where the court found that the plaintiff was not negligent. 1994) The court ruled in favor of the motion to strike references to willful and intentional acts from a medical negligence claim.
The court will not allow introduction of a new theory of recovery at a disproportionately late stage in the case. To avoid causing prejudice, any late amendment to the Bill of Particulars must be supported by an affidavit which provides a reasonable explanation for the delay of this amendment.
Physical Examination
When a defense attorney or insurance company asks you to attend an Independent Medical Examination (IME) the first reaction may be to question the reason a doctor who may not know you or your medical history and the specifics of your incident is asked to conduct an exam. This type of exam is required under Washington law, can be beneficial to your case.
IMEs are usually conducted by doctors hired by the insurance company of the defendant. Their aim is to provide an alternative perspective on your injuries. While they are sometimes called "independent," these physicians as well as insurance companies - have their own agenda and financial motives in decreasing the amount of compensation that could be given to a victim of injury.
If you decide to go through an IME the Orange County personal injury lawyer will make sure that you are aware of what to expect and provide copies of all relevant medical records to the doctor to review. Your lawyer will also be present at the IME and can ensure that you are being treated fairly by ensuring that the doctors questions do not deviate from the ones you have in your medical records. It is crucial to avoid playing with the extent of your injuries with these doctors, as they are trained to recognize fraud and could utilize this information against you in trial.