What is a Personal Injury Lawsuit?
You may be entitled to compensation if have been injured due to the actions or inactions of another person. Contact a knowledgeable personal injury attorney to learn more about your rights.
A personal injury lawsuit is a civil action in which the plaintiff seeks compensation for their losses, including medical bills, lost wages damages to property and other expenses. The process can last from a few 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 person who is injured is referred to as the plaintiff, while the parties responsible are referred to as defendants. If someone dies as a result of the negligence or wrongdoing by others, wrongful death cases are often included in personal injury lawsuits.
Damages are usually classified into two categories: punitive and compensatory. Compensatory damages include medical bills, pain and suffering compensation, and other out of pocket expenses. Punitive damages, which are rare and are designed to punish the perpetrator when they have committed a number of extreme actions.
The first category of damages is often referred to as "economic damages." This covers all out-of-pocket expenses associated with the accident or injury. These might include doctor's bills or hospital costs, as well as physical therapy costs. In certain cases other expenses such as the cost of travelling to and from appointments or modifications made to your home due to permanent disabilities may also be included in an insurance claim.
Non-economic damage can also be described as "pain and suffer" damages. These damages are harder to quantify, and comprise the emotional distress and mental anguish caused by accidents. Based on the severity of your injuries your lawyer can help you estimate the value of the damages. It could be based on your ability to continue enjoying the activities you previously enjoyed or your loss of consortium with family members.
Statute of limitations
Under a legal rule called the statute of limitations, any person who suffers injury as a result of an accident must bring a lawsuit within a specific time period or the claim will be dismissed by the courts. This is to protect evidence from being lost or forgotten and to stop people from drag out litigation relating to incidents for an indefinite period.
The exact length of time for filing a claim differs from state to state however, personal injury claims typically have a two- to four-year time limit. However, there are exceptions that may extend the amount of time a victim has to file their claim and they should seek legal advice when determining whether or not their case falls into one of these exceptions.
A key aspect of the statute of limitations is that it is only applicable to the filing of an action in court. Insurance claims are usually used to resolve injury cases and do not require formal lawsuits. It is still important to give yourself enough time to start a lawsuit in the event that insurance negotiations don't go as planned, or if a problem arises that cannot be resolved with insurance.
Certain circumstances may stop the clock on the statute of limitations, however they are not common and have to be evaluated on a case-by-case basis. For instance the statute of limitations might not begin to run until a victim has discovered or should have reasonably discovered that their injuries were 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 action initiated by a victim against the person or entity who caused the injury. The plaintiff claims that the defendant violated their duty of care, and that this breach caused harm and losses for the plaintiff. The defendant is accountable for the damages.
The first document you file with a personal injury lawsuit is known as the complaint. It contains specific details about the incident that led to your injuries and outlines the damages you are seeking. The complaint also includes an "prayer of relief" which describes what you want 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 a set of deadlines and either admit or deny all 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 based on solid evidence, including medical records and witness testimony. We work closely with our clients to gather the relevant information and incorporate it in the case. The evidence will also help us negotiate with the defendant's attorneys or insurance agents to obtain the most favorable settlement offer.
Preliminary Conference
In a personal-injury lawsuit, your lawyer must prove that negligence on the part of the defendant led to your accident. You must also prove that you suffered injuries as a result of your accident, and that those injuries warrant financial compensation.
This can be a long process, but the trial is where you can finally determine whether you'll get the damages you're entitled to. In the case of a trial before jurors the lawyer will argue for the defendant's liability and that they must pay for your losses. The defendant will present evidence that their actions are unrelated to the accident, which will keep them from having to pay you for your losses.
You must attend a pre-trial conference prior to proceeding with the trial. This is the first time that your case has deadlines set by a judge. It is also the time where your attorney will discuss the case with the defense.
A judicial registrar, or a member from the court staff, typically holds preliminary conferences. All participants must attend the preliminary conference in person, unless the case is handled in accordance with New York's Differentiated Case Management Rule or the Rules are exempted in other ways. However, if a party cannot attend in person, they are able to participate via telephone or on the internet with the approval of the convenor. If your case is to be a part of the Differentiated Case Management program, an initial conference can be an opportunity to identify whether your case falls into one of the three categories - expedited, standard or complex.
Bill of Particulars
When a summons and complaint are filed, the defendants named in the lawsuit have the option of having twenty or thirty days to submit an Answer (although this deadline may be extended if the court gives consent). When the Answer is filed, the case enters what is called the discovery phase. In this phase, both sides exchange information in the form of written demands for discovery and depositions.
After the discovery process is concluded the attorney representing the plaintiff drafts what is called a Bill of Particulars. The document details 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 put the defendant on notice of the specific legal claims being made so that they is able to effectively prepare for trial.
The court must look over a Bill of Particulars before it is able to be followed. In general, a court will only be able to abide by a Bill of Particulars if it is not vague or overbroad. A Bill of Particulars must only include the specific acts of negligence that are being alleged and not include any new claims. For instance, in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. In 1994, the court affirmed the motion to strike all any references to willful or intentional actions in a medical malpractice case.
The court will not allow introduction of a new theory of recovery at an unreasonable late stage in the litigation. To avoid causing prejudice, any late amendment to a Bill of Particulars must be supported by an affidavit which gives a reasonable explanation for the delay of this amendment.
Physical Exam
When a defense attorney or insurance company demands that you take part in an Independent Medical Examination (IME) Your first reaction might be to ask why a doctor who does not know you, your medical history, and the specifics of your injury is requested to conduct an exam. This type of exam, which is required by Washington law, could 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 offer an alternative perspective to your injuries. These doctors, often referred to as "independent", have their own goals and financial interests in reducing the compensation that can be awarded to injured victims.
If Federal Way injury lawsuits decide to undergo an IME If you decide to undergo an IME, your Orange County personal injury lawyer will ensure that you are fully informed about what to expect. They will provide copies of all relevant medical records to the doctor to examine. Your lawyer will also be present at the IME and will ensure that you are being treated fairly by ensuring that the doctors ' questions aren't divergent from the ones in your medical records. It is crucial to not play up or down the extent of your injuries with these doctors, as they are trained to spot the deceit and may utilize this information against you at trial.