Will Injury Lawsuit Ever Rule The World?
What is a Personal Injury Lawsuit?
If you've been injured due to another's actions or inactions, you could be eligible for compensation. Contact a seasoned personal injury attorney to learn more about your rights.
A personal injury lawsuit is a civil dispute in which the plaintiff seeks compensation for their loss. This includes medical expenses or lost wages, as well as property damage. The process can take anywhere from several months to several years.
Damages
A personal injury lawsuit is a legal proceeding that is used to compel another person, or entity to compensate you for the damages that result from an accident. The plaintiff is the one who was injured and the defendants are the parties accountable. Personal injury cases can also include cases of wrongful death when someone dies due to the negligence or wrongdoing of others.
Damages are usually divided into two categories: punitive and compensatory. Nashville injury attorney include medical bills as well as pain and suffering compensation, and other out of pocket expenses. Punitive damages are rare and are designed to punish the wrongdoer for extreme conduct.
This category includes all expenses that result from the accident or injury. These could include doctor's bills as well as hospital expenses and physical therapy expenses. In certain cases additional expenses, such as the cost of travel to and from appointments, or modifications to your home for permanent disabilities may be included in a claim.
Non-economic damages are also described as "pain and suffer" damages. These are more difficult to quantify and involve the emotional distress, mental suffering and anguish caused by accidents. Your lawyer can help you value these damages based on the severity of your injury. This could be based on the ability to do activities you used to or your loss of consortium with your family.
Statute of Limitations
A legal rule known as the statute of limitations obliges anyone injured in an accident should file an action before a specific date or else their claim will be dismissed. This is to stop evidence from being lost or lost, and also to stop those who delay bringing litigation related to an incident out for an indefinite period.
The exact length of time for filing a claim is different between states, however personal injury claims generally have a two- to four-year limitation. However there are exceptions that can prolong the time that a victim must file their claim and they should seek legal advice for assistance in determining whether or not their case falls into one of these exceptions.
One of the main facets of the statute of limitations is that it applies only to the filing of an action in court. Insurance claims are usually used to resolve injuries and do not require formal lawsuits. It is important to give yourself enough time to start a lawsuit in the event that insurance negotiations aren't as smooth as you had hoped, or if there is a problem which cannot be resolved through insurance.
A few circumstances can pause the statute of limitations clock, but these instances are very rare and have to be considered on an individual basis. The statute of limitation may not begin until the victim realizes or should have realized that the injury resulted from someone else's negligence. In certain states, such as New York, it is different for claims against municipalities.
Complaint
A personal injury lawsuit is a civil action initiated by a victim against the person or entity that caused the injury. It alleges that the defendant breached 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 complaint is the first document that you file in a personal injury case. It includes specific allegations about the incident that caused your injuries, as well as the damages you are seeking. The complaint also includes an "prayer of relief" that outlines what you want the court to do. The complaint must be served on the defendant, along with a summons that is a notice that they are being sued.
The defendant must respond to the complaint within a set of deadlines and either admit or deny all allegations in the complaint. The defendant may also make a counterclaim against the plaintiff or introduce another defendant as a third-party defendant.
A successful personal injury lawsuit is built on solid evidence, including medical documents and witness testimony. We work closely with our clients to collect all relevant information and then include it in the case. The evidence can also help us negotiate with the attorney for 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 negligence of the defendant led to your accident. You must also prove that you were injured in your accident and that your injuries are worth the amount of financial compensation.
It's a long process, but it is at the trial that you'll finally know if you will get the compensation you deserve. In the trial before jurors the lawyer will argue that the defendant is at responsibility and they will argue that they have to pay for your losses. The defendant will present evidence that their actions are unrelated to the accident, which prevents them from having to compensate you for your losses.
You must attend a pre-trial meeting before you can proceed with the trial. This is usually the first time that your case will be subject to deadlines that are set by the Court itself. It is also the time that your attorney will discuss the case with the defense.
Preliminary conferences are typically conducted by a judicial registrar or someone on the court's staff. Unless the case is handled under the New York's Differentiated Case Management Rule, or is otherwise exempt from the Rules, all participants are required to attend in person. If a party is not able to attend in person, the convenor may permit them to attend via phone or via the internet. If your case is going 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 that are expedited, standard, or complex.
Bill of Particulars
After a complaint and summons are filed, the defendants who are named in the lawsuit have either twenty or thirty days in which to respond (although this deadline can be extended with the court's approval). After the Answer has been filed, the case moves into the discovery phase. In this phase both parties exchange information via written discovery demands and depositions.
The plaintiff's lawyer prepares a Bill of Particulars at the end of the discovery. This document outlines legal claims and the relief sought, usually an award of money damages. The Bill of Particulars is intended to inform the defendant 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 must be reviewed by the court. In general, the court will only abide by the Bill of Particulars if it is not vague or broad. A Bill of Particulars must only include the specific acts of negligence that are being asserted and not include any new claims. For example, in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. In 1994, the court affirmed the motion to strike out the reference to willful or deliberate actions in a medical malpractice case.
The court will not allow a new theory to be introduced at an stage in the litigation that is unreasonably late. In order to avoid resultant prejudice, a belated amendment to a Bill of Particulars should only be allowed if accompanied by an affidavit offering a reasonable excuse for the lateness of the amendment.
Physical Exam
If a defense attorney, or an insurance company asks you to attend an Independent Medical Examination (IME) Your first reaction could be to wonder the reason why a doctor who does not know you and your medical history and the specifics of your incident is asked to conduct an exam. However, this kind of examination is actually a requirement under Washington law, and it can be helpful to your case.
IMEs are usually conducted by doctors employed by the defendant’s insurance company. Their goal is to offer a different view of your injuries. These physicians, who are sometimes referred to as "independent" and have their own goals and financial interests in reducing the amount of compensation which is awarded to injured victims.
Your Orange County personal injury attorney will ensure that you understand what you can expect from an IME and will provide an IME doctor with a copy of all pertinent 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. It is not advisable to downplay or exaggerate the severity of your injuries to these doctors. They are trained to detect fraudulent behavior, and can use this information at trial.