The Complete Guide To Injury Lawsuit

What is a Personal Injury Lawsuit?

If you've been hurt due to another's actions or inactions, you may be entitled to compensation. Contact a knowledgeable personal injury attorney to learn more about your rights.

A personal injury lawsuit is a civil matter where the plaintiff is seeking money to cover their losses, including medical expenses, lost wages, property damage and other expenses. The process can take several months to several years.

Damages

A personal injury lawsuit is a legal proceeding that is used to force another individual or entity to compensate you for the damages that result from an accident.  Allentown injury attorney You Tube  is the injured party and the defendants are the ones accountable. If someone dies as the result of inattention or negligence of others the wrongful death case can be included in personal injury lawsuits.

Damages are typically classified into two categories: compensatory and punitive. Compensation damages are based on medical bills, pain and suffering compensation and other out-of pocket expenses. Punitive damages are rare and are intended to penalize the wrongdoer for extreme conduct.

This category covers all expenses incurred as a result of the injury or accident. This could include hospital bills medical expenses, doctor's charges and physical therapy costs. In some cases, additional expenses like the cost of traveling to and from appointments or modifications made to your home due to permanent disabilities may be included in a claim.

Non-economic damages are also referred to by the term "pain and suffer" damages. These are more difficult to quantify and include the emotional distress, mental anxiety and suffering that accidents can cause. Your lawyer will help you value these damages based on the severity of your injury. This might be based on the ability to enjoy activities you were previously able to enjoy or the loss of your relationship with family members.

Statute of limitations

A legal requirement known as the statute of limitation stipulates that anyone injured in an accident should file a lawsuit before a certain date or their claim will be dismissed. This is to protect evidence from being lost or forgotten and to prevent people from dragging out litigation relating to incidents for an indefinite period.

The exact duration of time differs between states, however personal injury claims generally have a two-to four-year limit. However, there are exceptions that can prolong the time required for a victim to submit their claim. They should seek legal advice for help determining whether or not your case falls under one of the exceptions.

The statute of limitations is only applicable to lawsuits filed in court. Insurance claims are typically used to resolve injury cases and do not require formal lawsuits. Even so, it is important to leave yourself plenty of time to take legal action in the event that insurance negotiations don't take place as planned or if an issue arises that can't be easily addressed through the insurance system.

A few circumstances can pause the statute of limitations clock however, these situations are very rare and have to be evaluated on a case-by-case basis. For instance the statute of limitations might not start to run until a victim has discovered or should have reasonably discovered that their injuries were caused by another person'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 filed by the victim against the person who caused the injury. It claims that the defendant breached their duty of care, and that the breach caused loss and harm to the plaintiff. The defendant is held accountable for the losses.

The first document you file with a personal injury lawsuit is called the complaint, and it contains specific details about the incident that caused your injuries. It also outlines the damages you're seeking. The complaint also contains a "prayer of relief" which outlines 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 is required to respond to the complaint within a specific time frame, and must either accept or deny the allegations made in the complaint. The defendant may also file a counterclaim, or add another defendant to the case by naming a third party defendant.

A successful personal injury lawsuit is based on solid evidence such as medical records and testimony from witnesses. We collaborate closely with our clients to ensure that all relevant information is collected and included in the case. The evidence can also help us negotiate with the defendant's attorneys or insurance agents to obtain the best settlement offer possible.

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 suffered injuries as a result of your accident, and that the injuries you sustained are worthy of financial compensation.

It's not an easy process, but it is at the trial that you'll find out if you get the compensation you are entitled to. In a trial before a jury your lawyer will argue for the defendant's liability and that they must compensate you for your losses. The defendant will provide evidence to prove that their actions are not connected to the accident. This will prevent the defendant from paying for your losses.

You must attend a pre-trial meeting before proceeding with the trial. This is usually the first time your case will be subject to deadlines that are set by the Court itself. This is also when your attorney will be discussing the matter with the defense.

Preliminary conferences are usually conducted by a judicial registrar, or someone on the court's staff. Unless the case is handled in accordance with New York's Differentiated Case Management Rule, or otherwise exempted from the Rules All participants are required to attend in person. If a party is unable to attend in person they can participate via telephone or on the internet with the approval of the convenor. If your case is scheduled to be 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

After the summons and complaint are filed, the defendants named in the lawsuit will be given twenty to thirty days (although this timeframe can be extended by the court). After the Answer is filed, the case enters what is known as the discovery phase. In this phase both sides exchange information in the form of written demand for discovery and depositions.

At the conclusion of discovery, the plaintiff's attorney prepares what is known as a Bill of Particulars. This document outlines the legal claims being made as well as the relief requested - typically the award of damages in cash. The Bill of Particulars is meant to inform the defendant of the specific legal claims that are made so that they can prepare for trial.

Before a Bill of Particulars can be accepted, it must be scrutinized by the court. In general, a court will only abide by the Bill of Particulars if it is not vague or overbroad. A Bill of Particulars should be limited to the specific acts of negligence being asserted and should not include new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ) for instance, was a case where the court ruled that the plaintiff was not negligent. 1994), the court sustained the motion to strike all references to willful and intentional actions from a medical malpractice claim.

Similarly, the court will not permit the introduction of a new theory of recovery at an unreasonable late stage in the litigation. To avoid prejudice, a late amendment to a Bill of Particulars must be supported by an affidavit which gives a reasonable explanation of the delay of this amendment.

Physical Examination

You might be wondering why a doctor who doesn't know you or your medical history, and isn't familiar with the details of your incident, would be required to conduct a medical examination. This type of examination is required by Washington law, could be beneficial to your case.

IMEs are usually conducted by doctors hired by the defendant’s insurance company. Their goal is to provide an alternative view of your injuries. While they are sometimes referred to as "independent," these physicians, just like insurance companies have their own agendas and financial stake in decreasing the amount of compensation that could be granted to a victim who has been injured.

Your Orange County personal injury attorney will ensure that you are aware of what you can expect from an IME and will give the doctor with a copy of the relevant medical records. Your lawyer will be present during the IME to ensure that the questions posed by the doctor are consistent with your medical records. You should not downplay or exaggerate the severity of your injuries to these doctors. They are trained to detect dishonesty, and could utilize this information in court.