12 Companies Are Leading The Way In Injury Lawsuit
What is a Personal Injury Lawsuit?
If you've been injured through the actions or inactions, you could be able to recover compensation. To learn more about your legal rights, contact an experienced personal injury lawyer.
A personal injury lawsuit is civil litigation in which the plaintiff seeks compensation for their loss. This includes medical expenses, lost wages and property damage. The process can last from a few months to several years.
Damages
A personal injury lawsuit is an action to compel another 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 responsible. When someone dies as a result of inattention or negligence of others In wrongful deaths, the case are often included in personal injury lawsuits.
Damages are usually divided into two categories: compensatory and punitive. Compensation damages can include medical bills as well as pain and loss compensation, and other out of pocket expenses. Punitive damages, which are not common and are intended to punish the offender if they have committed extreme actions.
The first type of damages is usually called "economic damages." This includes all out-of-pocket expenses associated with the accident or injury. These may include hospital expenses, doctor's fees and physical therapy costs. In some instances additional 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 a claim.
Non-economic damages can also be described as "pain and suffer" damages. These are more difficult to quantify and are a result of the emotional distress, mental anguish and suffering that accidents can cause. Your lawyer will help you evaluate these damages based upon the severity of your injuries. This could be based on the capacity to perform the activities you used to or your loss in consortium with family.
Statute of Limitations
A legal requirement, known as the statute of limitations, any person who is injured in an accident must make a claim within a certain time frame or the claim will be dismissed by the courts. This is done to stop evidence from being forgotten or lost, and also to stop people from dragging incident-related litigation out for an indefinite period.
The exact time frame varies between states, but personal injury claims typically have a two- to four-year time limit. There are certain exceptions to the time to file a claim. If you need assistance in determining whether your case falls within one of these exceptions, then it is recommended to seek legal advice.
One of the main facets of the statute of limitations is that it only applies to the filing of an action in court. Many cases of injury are resolved through the process of filing an insurance claim and do not require formal lawsuit filing. It is important to give yourself enough time to start a lawsuit in the event that negotiations with insurance do not go as planned or if a problem occurs that is not resolved by insurance.
Certain circumstances can stop the clock on the statute of limitations, but they are extremely rare and have to be assessed on a case by case basis. For instance the statute of limitations may not start to run until a victim discovered or ought to have realized that their injuries were caused by someone else's negligent actions, and in some states, such as New York, the statute of limitations differs 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 a duty of care, and that the breach caused harm and loss to the plaintiff, and that the defendant should be held accountable for the damages.
The first document filed with a personal injury lawsuit is known as the complaint, and it contains specific details about the incident that led to your injuries. It also outlines the damages you are seeking. It also contains a "prayer for relief" that describes what you would like the court to do. The summons and complaint must be given to the defendant.
After the complaint is filed, the defendant has to submit an answer to the complaint within a certain timeframe, and will either admit or deny the allegations in the complaint. The defendant may also file a counterclaim against the plaintiff or introduce another defendant as a third-party defendant.
A successful personal injury lawsuit is based on solid evidence such as medical documents and testimony from witnesses. We work closely together with our clients to gather all relevant information and include it in the case. The evidence will also help us negotiate with the attorney for the defendant or insurance companies to negotiate the most favorable settlement offer.
Preliminary Conference
In a personal-injury case your lawyer must show that negligence on the part of the defendant caused your accident. You must also prove you suffered injuries in your accident and that the injuries are worthy of financial compensation.
It can be a lengthy process however, the trial is where you'll be able to decide if you'll receive the compensation you deserve. In a trial before jurors the lawyer will argue the defendant's responsibility and the need 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.
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 when your attorney will discuss the case with the defense.
Preliminary meetings are usually held by a judicial register or someone on the court's staff. All parties must attend the preliminary conference in person unless the case is handled by the New York's Differentiated Case Management Rule or the Rules are otherwise exempted. If a person is unable to attend in person, the convenor is able to permit them to attend via phone or via the internet. If Kalamazoo injury lawyer You Tube is part of the Differentiated Case Management Program, a preliminary meeting is also an opportunity to determine if your case falls within one of three categories - 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). After the Answer is filed, the case moves into what is called the discovery phase. In this phase both sides exchange information in the form of written demand for discovery and depositions.
The plaintiff's lawyer prepares a Bill of Particulars at the end of the discovery. The document details legal claims and the relief sought - usually the award of damages in cash. The Bill of Particulars is meant to inform the defendant of the specific legal claims being made, so that they can prepare for trial.
Before a Bill of Particulars can be followed, it must be examined by the court. Generally, the court will only comply with a Bill of Particulars that is not vague or broad. A Bill of Particulars must only include the specific acts of negligence that are being claimed and not include any new claims. For instance in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. 1994) The court ruled in favor of the motion to strike references to willful and intentional actions from a medical malpractice claim.
The court will not allow the addition of a new theory of recovery at an unreasonable late point in the action. To avoid prejudice, a belated amendment to the Bill of Particulars should only be allowed when supported by an affidavit that provides an acceptable explanation for the delay in the amendment.
Physical Examination
If a defense attorney or insurance company demands that you attend an Independent Medical Examination (IME), your natural first instinct may be to question the reason why a doctor who does not know you or your medical history and the details of your accident is being required to conduct an examination. This type of examination is required under Washington law, can 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. These physicians, who are sometimes referred to as "independent", have their own agendas and financial interests in reducing the compensation that can be given to victims of injuries.
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 make sure that the questions asked by the doctor are in accordance with your medical records. Do not underplay or exaggerate the severity of your injury to the doctors. They are trained to detect fraud, and may use this information at trial.