What is a Personal Injury Lawsuit?
If you've been injured by another person's actions or inactions, you could be entitled to compensation. Contact an experienced personal injury attorney to learn more about your rights.
A personal injury lawsuit is a civil action where the plaintiff is seeking money to compensate for their losses, such as medical bills, lost wages property damage and other expenses. The process can run from several months to several years.
Damages
A personal injury lawsuit is an action to compel a person or entity to pay you money for damages related to an accident. The injured party is known as the plaintiff, while the parties responsible are referred to as defendants. Personal injury cases can include cases of wrongful death when someone dies due to inattention or negligence of others.
Damages are typically classified into two categories: punitive and compensatory. Compensation damages are based on medical bills, pain and suffering compensation, and other out of pocket expenses. Punitive damages are not common and are designed to punish the wrongdoer for extreme conduct.
This category includes all expenses incurred as a result of the injury or accident. These might include doctor's bills, hospital costs and physical therapy expenses. Some claims may also include additional costs, like travel costs to and from appointments or home modifications to accommodate a disability that is permanent.
Non-economic damages are often called "pain and suffering" damages. These are more difficult to quantify and include the mental and emotional stress, anguish and suffering that an accident can cause. Your lawyer will help you value these damages based on the severity of your injuries. It could be based on your ability to participate in activities that you used to do or the loss of your relationship with family members.
Nashville injury lawyers of limitations
Under a legal rule called the statute of limitations, any person who is injured in an accident must make a claim within a specified time or their claim will be rejected by the courts. This is to stop evidence from being lost or lost and to stop people from dragging incident-related litigation out for a long time.
The exact time frame varies between states, however, personal injury claims typically have a two-to four-year limitation. There are certain exceptions to the limit for filing an injury claim. If you require assistance in determining whether your case falls under one of these exceptions, then it is best to seek legal advice.
The statute of limitations only applies to lawsuits that are filed in court. Insurance claims are often used to resolve injury cases and do not require formal lawsuits. However, it is crucial to give yourself enough time to file a lawsuit just in case insurance negotiations fail to go as planned or an issue arises that can't be easily addressed through the insurance system.
Some circumstances can pause the clock on the statute of limitations, however they are extremely rare and have to be considered on a case by case basis. For example, the statute of limitations may not start running until the victim discovers or reasonably should have discovered that their injury was caused by someone else's negligence, and in certain states, such as New York, the statute of limitations differs for claims against municipalities.
Complaint
A personal injury lawsuit is brought by a victim against the person who caused the injury. It asserts that the defendant violated their duty of care and this breach caused harm and losses for the plaintiff. The defendant is held responsible for these damages.
The first document filed in a personal injury lawsuit is known as the complaint, and it includes specific allegations regarding the incident that caused your injuries and outlines the damages you're seeking. The complaint also contains an "prayer for relief" that describes what you would like the court to do. The complaint must be served on the defendant, along with a summons, which is a notice that they are being sued.
The defendant must respond to the complaint within a set of time limits and either admit or deny the allegations contained in the complaint. The defendant can also bring a counterclaim against plaintiff or bring in another defendant as third-party defendant.
A successful personal injury lawsuit relies on solid evidence, including medical records and testimony from witnesses. 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 defendant's attorneys 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 be able to prove that you sustained injuries as a result of your accident, and that the injuries you sustained are worthy of financial compensation.
It's a long procedure, but it's at the trial that you'll finally know if you will get the compensation you are entitled to. In a jury trial your lawyer will argue that the defendant is accountable and is required to compensate you for the losses you suffered. The defendant will provide evidence to prove that their actions were unrelated to the accident. This will stop them from paying you for your losses.
You must attend a pre-trial discussion before 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 conferences are usually conducted by a judicial registrar or an individual from the court's staff. All parties must attend the initial conference in person unless the case is handled under New York's Differentiated Case Management Rule or the Rules are exempted in other ways. However, if a party is unable to attend in person, they can participate via phone or internet, with the consent of the convenor. If your case is part of the Differentiated Case Management Program, a preliminary meeting is also an opportunity to determine if your case falls into one of three categories - advanced 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 submit an Answer (although this deadline can be extended with the court's consent). After the Answer has been filed, the case moves into what is called the discovery phase. In this stage the parties exchange information via written discovery demands and depositions.
The lawyer for the plaintiff prepares the Bill of Particulars at the end of the discovery. This document outlines the legal claims that are being made and the relief sought - usually an award of money damages. The Bill of Particulars is meant to inform the defendant of the specific legal claims being made, to help them prepare for trial.
The court must review the Bill of Particulars before it is allowed to be enforced. Generally, the court will only accept a Bill of Particulars that is not vague or broad. A Bill of Particulars must only include the specific acts of neglect that are being claimed, and not add any new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ), for example, was a case where the court found that the plaintiff had not been negligent. 1994), the court sustained a motion to strike all references to willful and intentional acts from a medical malpractice claim.
The court will not allow addition of a new theory of recovery at an unreasonably late point in the action. In order to avoid resultant adverse consequences, a late amendment to a Bill of Particulars should only be allowed if accompanied by an affidavit that provides an adequate explanation for the delay in the amendment.
Physical Exam
If a defense attorney or insurance company asks you to attend an Independent Medical Examination (IME), your natural first instinct could be to wonder why a doctor who does not know you or your medical history and the specifics of your accident is being requested to conduct an exam. However, this kind of examination is actually required under Washington law, and could be beneficial in your case.
Typically, IMEs are conducted by medical doctors who are employed by the insurance company representing the defendant and their goal is to provide a different perspective on your injuries. These doctors, who are sometimes called "independent", have their own agendas and financial interests in reducing the amount of compensation which is given to victims of injuries.
If you choose to undergo an IME the Orange County personal injury lawyer will ensure that you are aware of what to expect. They will provide a copy of all relevant medical records to the doctor to examine. Your lawyer will also be present at the IME and will ensure that you are being examined fairly by ensuring that the questions of the doctor do not diverge from the ones you have in your medical records. It is crucial to avoid playing up or down the extent of your injuries with these doctors, as they are trained to recognize the deceit and may utilize this information against you in trial.