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What is a Personal Injury Lawsuit?
If you've been hurt through the actions or inactions, you could be able to recover compensation. Contact a seasoned personal injury lawyer to learn more about your rights.
A personal injury lawsuit is a civil litigation where the plaintiff seeks compensation for their losses. This includes medical bills, lost wages and property damage. The process can take anywhere from several months to several years.
Damages
A personal injury lawsuit is an action to compel a person or entity to pay you money for damages related to an accident. The plaintiff is the injured party and the defendants are the ones accountable. If someone dies as a result of inattention or negligence of others, wrongful death cases may be part of personal injury claims.
Athens injury attorney are typically classified into two categories: punitive and compensatory. 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 and are designed to punish the wrongdoer for committing extreme actions.
This category covers all costs caused by the injury or accident. These could include hospital bills as well as doctor's fees and therapy costs. Some claims could also cover additional costs, like travel costs to and from appointments, or the need to modify your home to accommodate a permanent disability.
Non-economic damages can also be described as "pain and suffer" damages. They are more difficult to quantify and involve the emotional distress, mental anxiety and suffering caused by accidents. Your lawyer will assist you to value these damages based on the extent of your injury. This may be based on your capacity to perform the things you were previously able to do or your loss of a relationship with family.
Statute of Limitations
A legal requirement known as the statute of limitations requires that anyone who is injured in an accident file a lawsuit before a certain date or the claim will be dismissed. This is to stop evidence from being forgotten or lost, and to prevent people from dragging incident-related litigation out indefinitely.
The exact length of time for filing a claim is different from state to state, but personal injury claims typically have a two-to four-year time limit. There are some exceptions to the time to file an injury claim. If you need assistance determining if your case is one of these exceptions, then it is recommended that you seek legal advice.
The statute of limitations only applies to lawsuits that are filed in the court. Insurance claims are usually used to settle injury cases and do not require formal lawsuits. It is still important to give yourself enough time to bring a lawsuit in the event that insurance negotiations do not go as planned or if a problem occurs that cannot be resolved with insurance.
Certain circumstances may stop the clock on the statute of limitations however these cases are very rare and have to be considered on a case-by-case basis. The statute of limitations may not start until the person is aware or should have known that the injury was caused by someone else's negligence. In certain states, like New York, it is different for claims that are made against municipalities.
Complaint
A personal injury lawsuit is brought by the victim against the party who caused the injury. The plaintiff claims that the defendant breached their duty of care, and that this breach resulted in loss and harm to the plaintiff. The defendant is accountable for the damages.
The first document filed with a personal injury lawsuit is referred to as the complaint, and it contains detailed allegations about the incident that led to your injuries. It also lists the damages you are seeking. The complaint also includes an "prayer of relief" that outlines what you would like the court to do. The summons and complaint should be handed over to the defendant.
The defendant must respond to the complaint within certain deadlines and either admit or deny all the allegations contained in the complaint. The defendant may also make a counterclaim against the plaintiff or introduce another defendant as third-party defendant.
A successful personal injury lawsuit relies on solid evidence such as medical records and testimony from witnesses. We work closely together with our clients to gather all relevant information and then include it in the case. The evidence can also help us negotiate with the attorney of the defendant or insurance representatives to get the most favorable settlement offer.
Preliminary Conference
In a personal injury case, your attorney must prove that the defendant's negligence caused your accident. You must also prove that you were injured in the accident and that your injuries are worthy of an amount of money.
It's not an easy process, but it's at the trial that you will finally know if you will receive the damages you are entitled to. In a trial before a jury, your lawyer will argue that the defendant is responsible and is required to compensate you for the losses you suffered. The defendant will provide evidence to prove that their actions were unrelated to the accident. This will stop them from paying you for your losses.
Before you can proceed to trial you must attend a preliminaries conference. This is the first time your case is subject to deadlines set by a court. This is also the time when your attorney will discuss the case with the defense.
Preliminary meetings are usually held by a judicial registrar, or a member of the court's staff. If the case is handled under New York's Differentiated Case Management Rule, or otherwise exempted from the Rules, all participants are required to attend in person. However, if a party is unable to attend in person, they are able to take part via phone or online with the approval of the convenor. If your case is scheduled to be part of the Differentiated Case Management program, a preliminary conference will also be an opportunity to identify 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 defendant parties identified in the lawsuit are given the option of having twenty or thirty days to file an Answer (although this time frame can be extended if the court gives approval). Once the Answer has been filed, the case moves into the discovery phase. In this period both sides exchange information in the form of written demand for discovery and depositions.
The lawyer for the plaintiff prepares a Bill of Particulars at the conclusion of the discovery. The document details legal claims 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 filed so that he or she can prepare effectively for trial.
The court must examine the Bill of Particulars before it is able to be followed. In general, courts will only accept 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 claimed and must not include new claims. For instance in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. 1994) the court granted the motion to strike references to willful and intentional actions from a medical malpractice claim.
In the same way, the court will not permit the introduction of a new theory of recovery at an unreasonable late stage in the case. To avoid causing prejudice any late amendment to the Bill of Particulars must be supported by an affidavit that gives a reasonable explanation for the tardiness of the amendment.
Physical Exam
When a defense attorney or insurance company requests that you take part in an Independent Medical Examination (IME), your natural first instinct might be to ask why a doctor who does not know you and your medical history and the details of your incident is asked to conduct an exam. But, this type of examination is actually an obligation under Washington law, and it can be helpful in your case.
Typically, IMEs are conducted by medical doctors who are employed by the insurance company of the defendant and their goal is to offer a different perspective to your injuries. These physicians, who are sometimes referred to as "independent" are able to have their own goals and financial interests in reducing the amount of compensation that can be paid to victims.
Your Orange County personal injury attorney will make sure you know what you can expect from an IME and will give an IME doctor with a copy 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. It is important to avoid playing with the severity of your injuries to these doctors, as they are trained to spot the deceit and may use this information against you at trial.