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 an experienced personal injury lawyer to learn more about your rights.
A personal injury lawsuit is a civil action in which the plaintiff seeks compensation for their losses, such as medical bills, lost wages, damages to property and other expenses. The process can last from a few months to several years.
Daly City injury attorneys is an action to compel another person or entity to pay you money for damages related to an accident. The plaintiff is the one who was injured and the defendants are the parties responsible. Personal injury cases can include wrongful death claims when someone dies because of the negligence or wrongdoing of others.
Damages are typically classified into two categories: compensatory and punitive. Compensatory damages include medical bills as well as pain and suffering compensation, and other out-of-pocket expenses. Punitive damages, which are very rare, are meant to punish the perpetrator for committing extreme actions.
The first type of damages is often referred to as "economic damages." This is the term used to describe any out-of-pocket costs resulting from the accident or injury. These could include hospital bills, doctor's fees and physical therapy costs. Certain claims could also include additional expenses, such as travel costs to and from appointments or home modifications to accommodate a disability that is permanent.
Non-economic losses are often called "pain and suffering" damages. They are more difficult to quantify and include the mental and emotional stress, anguish and suffering that an accident can cause. Depending on the severity of your injuries, your lawyer can help you determine the value of the damages. This may be based on your ability to do things you were previously able to do or your loss of consortium with your family.
Statute of Limitations
In a legal rule known as the statute of limitations, any person who is injured in an accident must make a claim within a certain time frame or their claim will be dismissed by the courts. This is to prevent evidence from being lost or forgotten and to stop people from drag out litigation related to an incident for a long time.
The exact time limit varies from one state to another, but most personal injury claims have a time limit of between two and four years. There are certain exceptions to the period for filing an injury claim. If you require assistance to determine if your claim falls under one of these exceptions, then it is recommended that you seek legal advice.
The statute of limitations applies only to lawsuits filed in court. Many cases of injury are resolved through the process of claiming insurance and do not require formal lawsuit filing. But, it's crucial to give yourself enough time to file a lawsuit in the event that insurance negotiations do not go as planned or an issue arises that can't be addressed by the insurance system.
Certain circumstances may stop the clock on the statute of limitations, however they are not common and have to be assessed on a case-by case basis. The statute of limitation may not begin until the victim is aware or should have known that the injury resulted from someone else's negligence. In some states, such as New York, it is different for claims that are made against municipalities.
Complaint
A personal injury lawsuit is filed by the victim against the person who caused the injury. It alleges that the defendant violated a duty of care, that the breach caused harm and loss to the plaintiff, and that the defendant is liable for those damages.
The first document you file with a personal injury lawsuit is known as the complaint, and it contains detailed allegations about the incident that led to your injuries. It also outlines the damages you're seeking. The complaint also contains the "prayer for relief" which outlines what you would like the court to do. The complaint must be served to the defendant with a summons that is a notice that they are being sued.
The defendant must respond to the complaint within specific time limits and either admit or deny all allegations made in the complaint. The defendant can also file a counterclaim or add a third party defendant to the case by naming third party defendant.
A successful personal injury lawsuit is based on solid evidence including 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 attorney of the defendant or insurance agents to obtain the best settlement offer possible.
Preliminary Conference
In a personal injury case your lawyer must show that negligence on the part of the defendant led to 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 is at the trial that you'll 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 liable and has to pay for your losses. The defendant will present evidence that their actions do not contribute to the accident, which will prevent them from having to reimburse you for your losses.
You must attend a pre-trial conference before you can proceed with the trial. This is the first time that your case is subject to deadlines set by a court. It is also the time where your lawyer will discuss the case with the defense.
A judicial registrar, or an individual of the court's staff, usually conducts preliminary conferences. Unless the case is being handled in accordance with the New York's Differentiated Case Management Rule, or if it is exempted from the Rules, all parties are required to attend in person. However, if a party is unable to attend in person, they may participate via phone or internet with the approval of the convenor. If your case is going to be a part of the Differentiated Case Management program, a preliminary conference will also provide an opportunity to determine whether your case falls under one of the three categories - expedited, standard or complex.
Bill of Particulars
After the complaint and summons have been filed, the defendants named in the lawsuit will have twenty to thirty days (although this time frame is able to be extended by the court). After the Answer is filed, the case moves into what is known as the discovery phase. In this phase, both parties exchange information through written demands for discovery and depositions.
The lawyer for the plaintiff prepares the Bill of Particulars at the end of the discovery. 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 meant to inform the defendant of the specific legal claims being made, to help them prepare for trial.
Before a Bill of Particulars can be followed, it has to be reviewed by the court. In general, a court will only be able to abide by the Bill of Particulars if it is not vague or overbroad. A Bill of Particulars must only include the specific acts of neglect that are being claimed and not include any new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ), for example was a case in which the court concluded that the plaintiff was not negligent. 1994), the court sustained the motion to strike references to intentional and willful actions from a medical malpractice claim.
Similarly, the court will not allow the introduction of a new doctrine of recovery at a disproportionately late stage in the case. To avoid adverse consequences, a late amendment to the Bill of Particulars should only be permitted if supported by an affidavit that provides an adequate explanation for the lateness of the amendment.
Physical Examination
If a defense attorney, or an insurance company requests that you attend an Independent Medical Examination (IME), your natural first instinct might be to ask 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. However, this kind of examination is actually a requirement under Washington law, and can be helpful in your case.
Typically, IMEs are conducted by doctors medical who are hired by the insurance company of the defendant and their aim is to provide a different view of your injuries. These doctors, who are sometimes referred to as "independent", have their own agendas and financial stakes in reducing the amount of compensation which can be awarded to injured victims.
If you decide to go through an IME, your Orange County personal injury lawyer will make sure that you are aware of what to expect and will provide copies of all relevant medical records to the doctor to examine. 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 the doctors. They are trained to spot dishonesty, and could make use of this information in a trial.