11 Ways To Destroy Your Injury Lawsuit
What is a Personal Injury Lawsuit?
Web Site could be eligible for compensation if you have been injured due to the actions or inactions of a third party. Contact an experienced personal injury lawyer 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, which include medical bills, lost wages damages to property and other expenses. The process can take several months to a few years.
Damages
A personal injury lawsuit is a legal proceeding to force another person or entity to pay compensation for the damage caused by an accident. The plaintiff is the one who was injured and the defendants are the ones accountable. If someone dies as a result of the inattention or negligence of others the wrongful death case may be part of personal injury claims.
A victim's damages are typically divided into two categories which are: punitive and compensatory. Compensation damages are based on medical bills as well as pain and suffering compensation, and other out-of-pocket expenses. Punitive damages, which are rare and are intended to punish the wrongdoer for committing extreme actions.
This category includes all expenses incurred as a result of the accident or injury. These could include hospital bills as well as doctor's fees and therapy costs. In certain cases, additional expenses like the cost of traveling to and from appointments or modifications to your home due to permanent disabilities could be included in a claim.
Non-economic damages are often referred to as "pain and suffering" damages. These damages are harder to quantify and include the emotional distress and mental anguish that an accident can cause. Your lawyer will help you determine the value of these damages based on the severity of your injuries. It could be based on the ability to enjoy activities you used to do or your loss of connection with family members.
Statute of Limitations
Under a legal rule called the statute of limitations, any person who suffers injury as a result of an accident must make a claim within a specific time period or else their claim will be dismissed by the courts. This is done to prevent evidence from being forgotten or lost and to stop those who delay bringing litigation related to an incident out indefinitely.
The exact duration of time varies from state to state but personal injury claims typically have a two- to four-year limit. However there are exceptions that could prolong the time required for a victim to make a claim, and they should seek legal advice for assistance in to determine if their case falls into one of the exceptions.
The statute of limitations is only applicable to lawsuits that are filed in the court. Insurance claims are often used to settle injury cases and do not require formal lawsuits. It is nevertheless important to allow yourself enough time to file a lawsuit in the event that negotiations with insurance do not go as planned or if a problem arises that is not resolved by insurance.
Certain circumstances may stop the clock on the statute of limitations however, these situations are extremely rare and need to be evaluated on a case-by-case basis. The statute of limitation may not be established 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 against municipalities.
Complaint
A personal injury lawsuit is a civil action filed by an injured party against the person or entity that caused the injury. It claims that the defendant breached their duty of care, and that the breach caused damage and losses for the plaintiff. The defendant is then held responsible for these damages.
The complaint is the primary document that you file in a personal injury lawsuit. It contains detailed allegations about the incident that caused your injuries, and the damages you are seeking. It also includes an "prayer for relief" that outlines what you would like the court to do. The complaint must be served to the defendant with a summons, which is a notice that they are being sued.
After the complaint is filed, the defendant must respond to the complaint within a specified time period, and they may either deny or admit the 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 such as medical documents and testimony from witnesses. We work closely together with our clients to gather all relevant information and then include it in the case. The evidence can also help us negotiate with the attorney of the defendant or insurance companies to negotiate the best settlement possible.
Preliminary Conference
In a personal injury case your lawyer must demonstrate that the negligence of the defendant caused your accident. You must also prove that you suffered injuries due to your accident and that those injuries warrant financial compensation.
It can be a lengthy process, but it's at the trial that you will finally know if you will be awarded the compensation you deserve. In a trial before a jury, your lawyer will argue that the defendant is responsible and must pay you for your losses. The defendant will provide evidence to show that their actions were unrelated to the accident. This will prevent them from settling your losses.
You must attend a pre-trial conference before you can proceed with the trial. This is the first time that your case will be subject to deadlines imposed by a judge. It is also the time when your lawyer will discuss the case with the defense.
A judicial registrar, or an official of the court staff typically holds preliminary conferences. All parties must attend the preliminary conference in person, unless the case is handled in accordance with New York's Differentiated Case Management Rule or the Rules are otherwise exempted. However, if a party is unable to attend in person they can take part via phone or online with the permission of the convenor. If your case is scheduled to be a part of the Differentiated Case Management program, an initial conference can be an opportunity to identify whether your case falls within one of the three classifications which are expedited, standard or complex.
Bill of Particulars
After the summons and complaint have been filed, the defendants named in the lawsuit will have between twenty and thirty days (although this timeframe may be extended by the court). When the Answer is filed, the case moves into what is known as the discovery phase. In this period, both sides exchange information in the form of written demand for discovery and depositions.
The plaintiff's lawyer prepares the Bill of Particulars at the end of discovery. This document outlines the legal claims being made and 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 being made, so that they can prepare for trial.
Before a Bill of Particulars can be followed, it has to be scrutinized by the court. Generally speaking, the court will only abide by 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 contain 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 references to intentional or willful acts in a medical malpractice case.
The court will not permit the addition of a new theory of recovery at an unreasonable late point in the action. To avoid adverse consequences, a late amendment to the Bill of Particulars should only be allowed when supported by an affidavit stating a reasonable excuse for the lateness of the amendment.
Physical Exam
If a defense attorney, or an insurance company demands that you take part in an Independent Medical Examination (IME) Your first reaction could be to wonder the reason a doctor who may not know you or your medical history and the particulars of your accident is being asked to conduct an exam. This type of exam is required under Washington law, can be beneficial to your case.
IMEs are usually performed by doctors who are employed by the defendant’s insurance company. They are there to offer a different perspective on your injuries. Although they are often called "independent," these physicians as well as insurance companies - have their own agenda and financial motives in decreasing the amount of compensation that could be awarded to an injured victim.
If you choose to undergo an IME the Orange County personal injury lawyer will ensure that you are aware of what to expect and will provide copies of all relevant medical records to the doctor to review. Your lawyer will be present during the IME to ensure that the questions asked by the doctor are in line with your medical records. You should not downplay or exaggerate the severity of your injuries to the doctors. They are trained to detect fraud, and may utilize this information in court.