5 Laws That Can Help The Injury Lawsuit Industry
What is a Personal Injury Lawsuit?
If you've been hurt through the actions or inactions, you could be entitled to compensation. To learn more about your rights under the law get in touch with a seasoned personal injury lawyer.
A personal injury lawsuit is a civil dispute where the plaintiff seeks compensation for their loss. This includes medical bills or lost wages, as well as property damage. The process can last from a few months to a few years.
Damages
A personal injury lawsuit is a process to force another person or entity to pay compensation for the damages resulting from an accident. The injured party is known as the plaintiff and the responsible parties are called defendants. Personal injury cases may include the wrongful death of a person who dies due to negligence or wrongdoing of others.
The damages a victim suffers are usually divided into two categories that are punitive and compensatory. Compensatory damages are intended to help the victim get back on track for good, including out-of-pocket costs like medical bills as well as compensation for suffering and pain. Punitive damages, which are very rare and are intended to punish the perpetrator when they have committed a number of extreme acts.
The first type of damages is often known as "economic damages." This includes the cost of out-of-pocket expenses incurred due to the accident or injury. These could include doctor's bills or hospital costs, as well as physical therapy costs. In certain cases additional expenses, such as the cost of travelling to and from appointments, or modifications made to your home due to permanent disabilities could be included in an insurance claim.
Non-economic damages are often referred to as "pain and suffering" damages. These are more difficult to quantify and involve the mental and emotional stress, anxiety and suffering that an accident can cause. Your lawyer can help you evaluate these damages based upon the severity of your injury. This might be based on the ability to continue enjoying the activities you were previously able to enjoy or your loss of connection with family members.
Statute of Limitations
In a legal rule known as the statute of limitations, anyone who is injured in an accident must make a claim within a specific time period or their claim will be dismissed by the courts. This is done to stop evidence from being forgotten or lost and to stop people from dragging incident-related litigation out indefinitely.
The exact length of time for filing a claim varies from state to state, but personal injury claims typically have a two- to four-year limitation. However there are exceptions that may prolong the time that a victim must submit their claim. They should seek legal advice for assistance in determining whether or not their case falls within one of the exceptions.
The statute of limitations is only applicable to lawsuits filed in court. A majority of injuries cases are resolved through the insurance claim process and do not require formal lawsuit filing. It is nevertheless essential to allow yourself sufficient time to file a lawsuit in the event that negotiations with insurance do not go as planned or if a problem occurs that cannot be resolved with insurance.
Certain circumstances may stop the clock on the statute of limitations, but they are rare and need to be assessed on a case-by case basis. The statute of limitations may not be established until the victim is aware or should have known that the injury resulted from someone else's negligence. In certain states, such as New York, it is different for claims made against municipalities.
Complaint
A personal injury lawsuit is a civil suit initiated by a victim against the person or entity that caused the injury. It claims that the defendant violated a duty of care, that the breach caused harm and loss to the plaintiff and that the defendant should be held liable for those damages.
The first document filed with a personal injury lawsuit is referred to as the complaint, and it contains specific details about the incident that caused your injuries. It also outlines the damages you seek. The complaint also contains the "prayer for relief" which outlines what you want the court to do. The summons and complaint must be handed over to the defendant.
The defendant must respond to the complaint within certain time limits and either admit or deny the allegations contained in the complaint. The defendant can also file a counterclaim against the plaintiff or introduce another defendant as a third-party defendant.
A successful personal injury lawsuit relies on solid evidence including medical records 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 representatives to get the best settlement offer possible.
Preliminary Conference
In a personal injury case your lawyer must demonstrate that the negligence of the defendant led to your accident. You must be able to prove that you sustained injuries from your accident, and that those injuries warrant financial compensation.
It can be a lengthy process, but it is at the trial that you'll find out if you be awarded the compensation you deserve. In a trial before a jury your lawyer will argue that the defendant is at responsibility and they will argue that they have to compensate you for your losses. The defendant will provide evidence that their actions do not contribute to the accident, which will prevent them from having to compensate 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 has deadlines set by a court. This is also the time when your attorney will discuss the case with the defense.
A judicial registrar, or an official of the court staff usually conducts preliminary conferences. All participants must attend the preliminary conference in person unless the case has been handled by New York's Differentiated Case Management Rule or the Rules are exempted in other ways. If a party is not able to attend in person, the convenor may permit them to attend via phone or via the internet. If your case is going to be part of the Differentiated Case Management program, a preliminary conference will also be a chance to determine whether your case falls under one of the three classifications which are expedited, standard or complex.
Bill of Particulars
After the summons and complaint have been filed, defendants named in the lawsuit will be given between twenty and thirty days (although this timeframe may be extended by the court). Once the Answer is filed, the case enters what is known as the discovery phase. In this phase the parties exchange information via written demands for discovery and depositions.
After the discovery process is concluded, the plaintiff's attorney prepares what is called a Bill of Particulars. The document details the legal claims that are being made and the relief sought, usually the award of damages in cash. Turlock of Particulars is intended to put the defendant on notice of the specific legal claims being made, so that they is able to effectively prepare for trial.
Before a Bill of Particulars can be accepted, it must be scrutinized by the court. In general, a court will only accept a 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 asserted and must not include 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 willful and intentional acts from a medical negligence claim.
In the same way, the court will not allow the introduction of a new theory of recovery at a disproportionately late stage in the case. In order to avoid resultant prejudice, a belated 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 Examination
You may question the reason why a doctor, who isn't familiar with you or your medical history and is unfamiliar with the details of your accident, would be asked to conduct a medical exam. This type of exam, which is required by Washington law, could be beneficial to your case.
IMEs are typically conducted by doctors hired by the insurance company of the defendant. Their goal is to offer a different perspective on your injuries. These physicians, who are often referred to as "independent" are able to have their own agendas and financial stakes in reducing the amount of compensation which can be given to victims of injuries.
Your Orange County personal injury attorney will ensure that you understand what you can expect from an IME and will give an IME doctor with a copy of all pertinent medical records. 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 essential to not play around with the extent of your injuries with these doctors, as they are trained to spot fraud and could utilize this information against you at trial.