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What is a Personal Injury Lawsuit?

You could be entitled to compensation if have been injured due to the actions or inactions of someone else. Contact a seasoned personal injury attorney to learn more about your rights.

A personal injury lawsuit is civil litigation in which the plaintiff seeks compensation for their losses. This includes medical expenses or lost wages, as well as property damage. The process can run from several months to several years.

Damages

A personal injury lawsuit is a legal action that is used to compel another person, or entity to compensate you for the damages that result from an accident. The party who suffered the injury is known as the plaintiff and the parties accountable are known as defendants. Personal injury cases can also include the wrongful death of a person who dies because of the negligence or wrongful actions of others.

Damages are typically classified into two categories: punitive and compensatory. Compensatory damages are intended to ensure that the victim is completely again, including out-of-pocket expenses such as medical bills as well as compensation for pain and suffering. Punitive damages are rare and are designed to punish the perpetrator for their extreme behavior.

This category includes all expenses that result from the injury or accident. These could include hospital bills, doctor's fees and physical therapy costs. In certain cases, additional expenses like the cost of travelling to and from appointments or changes to your home to accommodate permanent disabilities may be included in an insurance claim.

Non-economic damage can also be referred to by the term "pain and suffer" damages. These damages are more difficult to quantify and include the emotional stress and mental stress that an accident can cause.  Albany injury attorneys  will assist you to determine the value of these damages based on the extent of your injury. This may be based on your capacity to perform the things you were previously able to do or your loss of a relationship with your family.

Statute of Limitations

Under a legal rule called the statute of limitations, anyone who is injured in an accident must make a claim within a certain time frame or else their claim will be dismissed by the courts. This is to stop evidence from being forgotten or lost, and also to stop individuals from dragging litigation relating to incidents out for a long time.

The exact time frame varies from state to state but personal injury claims typically have a two- to four-year limitation. However, there are exceptions that can extend the amount of time that a victim must make a claim, and they should seek legal advice when determining whether or not your case falls under one of these exceptions.

One of the most important aspects of the statute of limitations is that it is only applicable to the filing of a lawsuit 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 still important to give yourself enough time to bring a lawsuit in the event that negotiations with insurance do not go as planned or if there is a problem which cannot be resolved through insurance.

Certain circumstances can stop the statute of limitations clock however these cases are extremely rare and need to be analyzed on an individual case-by-case basis. For instance the statute of limitations may not start running until a victim has discovered or ought to have realized that their injury was caused by someone else's negligent actions, and in certain states, such as New York, the statute of limitations differs for claims against municipalities.

Complaint

A personal injury lawsuit is a civil suit filed by an injured party against the person or entity who caused the injury. The plaintiff claims that the defendant violated their duty of care, and that the breach caused harm and losses for the plaintiff. The defendant is then held accountable for the losses.

The first document filed with a personal injury lawsuit is known as the complaint. It contains specific details about the incident that led to your injuries. It also lists the damages you are seeking. The complaint also includes an "prayer of relief" which outlines what you would like the court to do. The summons and complaint should be given to the defendant.

The defendant must respond to the complaint within specific time frames and either accept or deny all the allegations contained in the complaint. The defendant can also make a counterclaim against the plaintiff or bring in a different defendant as third-party defendant.

A successful personal injury lawsuit is built on solid evidence, which includes medical records and witness testimony. We work 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 for the defendant or insurance agents to obtain the most favorable settlement offer.

Preliminary Conference

In a personal injury lawsuit the attorney for you must prove that the negligence of the defendant led to your accident. You must also prove you suffered injuries in your accident and that your injuries are worthy of the amount of financial compensation.

This could be a long process however, the trial is where you will be able to determine if you'll be awarded the damages you're entitled to. In a trial before a jury, your lawyer will argue that the defendant is accountable and must pay you for your losses. The defendant will provide evidence to prove that their actions are not connected to the accident. This will stop the defendant from paying for your losses.

You must attend a pre-trial discussion prior to proceeding with the trial. This is usually the first time your case will have deadlines set by the Court itself. This is also the time that your lawyer will discuss the case with the defense.

Preliminary meetings are usually held by a judicial registrar or an individual from the court's staff. All parties must attend the preliminary conference in person, unless the case is handled by New York's Differentiated Case Management Rule or the Rules are otherwise exempted. If a person is unable to attend in person, the convenor can permit them to attend via phone or online. If your case is scheduled to be a part of the Differentiated Case Management program, a preliminary conference will also provide an opportunity to determine whether your case falls within one of the three categories that are expedited, standard, or complex.

Bill of Particulars

After a summons or complaint are filed, the defendant parties named in the lawsuit have twenty or thirty days to respond (although this time frame can be extended if the court gives consent). Once the Answer has been filed, the matter moves into what is called the discovery phase. In this phase both parties exchange information through written demands for discovery and depositions.

The lawyer for the plaintiff prepares a Bill of Particulars at the end of discovery. The document details the legal claims being made as well as the relief sought - usually an award of money damages. 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.

The court must look over a Bill of Particulars before it is able to be followed. Generally, the court will only comply with a Bill of Particulars that is not vague or overly broad. A Bill of Particulars should be limited to the specific acts of negligence being claimed and should not add 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 intentional and willful acts from a medical malpractice claim.

The court will not permit a new theory to be added at a point in the action that is unreasonablely late. In order to avoid resultant prejudice, a belated amendment to the Bill of Particulars should only be permitted if supported by an affidavit stating an adequate explanation for the lateness of the amendment.

Physical Examination

It is possible to ask the reason why a doctor, who doesn't know you or your medical history, and isn't familiar with the details of your incident, would be asked to conduct a medical examination. This type of examination, which is required by Washington law, can be beneficial to your case.

Typically, IMEs are conducted by medical doctors who are employed by the insurance company of the defendant and their aim is to provide a different perspective on your injuries. These doctors, sometimes called "independent", have their own goals and financial interests in reducing the amount of compensation that is awarded to injured victims.

If you decide to go through an IME the Orange County personal injury lawyer will make sure that you are fully informed about what to expect and provide copies of all relevant medical records for the doctor to look over. Your lawyer will also be present at the IME and can ensure that you are being examined fairly by ensuring that the questions of the doctor do not diverge from those in your medical records. Do not underplay or exaggerate the severity of your injuries to these doctors. They are trained to detect dishonesty, and could use this information at trial.