Is Your Company Responsible For A Injury Lawsuit Budget? 12 Ways To Spend Your Money
What is a Personal Injury Lawsuit?
You could be entitled to compensation if have been injured due to the actions or inactions of a third party. Contact an experienced personal injury attorney to learn more about your rights.
A personal injury lawsuit is a civil dispute where the plaintiff is seeking money to cover their losses, including medical bills, lost wages property damage and other expenses. The process can take several months to several years.
Damages
A personal injury lawsuit is a legal action which is filed to force another individual or entity to pay you compensation for damages caused by an accident. The injured party is known as the plaintiff and the responsible parties are called defendants. Personal injury cases can also include the wrongful death of a person who dies due to the inattention or negligence of others.
The damages a victim suffers are usually broken down into two groups: compensatory and punitive. Compensation damages are designed to ensure that the victim is completely for good, including out-of-pocket costs such as medical bills as well as compensation for pain and suffering. Punitive damages, which are very rare and are intended to punish the offender if they have committed extreme crimes.
This category covers all expenses incurred as a result of the injury or accident. This could include doctor's fees as well as hospital expenses and physical therapy costs. In some instances additional expenses, such as the cost of travel to and from appointments, or changes to your home to accommodate permanent disabilities may also be included in a claim.
Non-economic damages are also called "pain and suffer" damages. These damages are more difficult to quantify and include the emotional distress and mental stress that an accident can cause. Based on the severity of your injuries your lawyer can help you place a value on the damages. This may be based on your capacity to perform the things you did before or your loss of consortium with your family.
Statute of limitations
In a legal rule known as the statute of limitations, any person who suffers an injury in an accident must bring a lawsuit within a specific time period or the 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 for an indefinite period.
The exact time limit is different from one state to another, but the majority of personal injury claims have a limit of between two and four years. There are certain exceptions to the limit for filing a claim. If you need assistance to determine if your claim falls under one of these exceptions, it is best to seek legal advice.
A key aspect of the statute of limitations is that it applies only to the filing of a lawsuit in court. Insurance claims are often used to settle injury cases and do not require formal lawsuits. But, it's crucial to give yourself enough time to take legal action just in case insurance negotiations fail to follow the plan or an issue arises that cannot be easily addressed through the insurance system.
Some circumstances can pause the clock on the statute of limitations, however they are rare and need to be assessed on a case by case basis. The statute of limitation may not start until the person is aware or should have known that the injury was caused by someone else's negligence. In some states, such as New York, it is different for claims made against municipalities.
Complaint
A personal injury lawsuit is filed by a victim against the person who caused the injury. It claims that the defendant violated the duty of care, and that the breach caused harm and loss to the plaintiff and that the defendant is accountable for the losses.
The first document you file with a personal injury lawsuit is called the complaint, and it includes specific allegations regarding the incident that caused your injuries and outlines the damages you're seeking. It also contains a "prayer for relief" that describes what you want the court to do. The summons and complaint should be delivered to the defendant.
After the complaint is filed, the defendant must respond to the complaint within a certain time frame, and may either deny or admit the allegations in the complaint. The defendant can also file a counterclaim, or add another defendant to the case as a third party defendant.
A successful personal injury lawsuit is based on solid evidence, including medical documents and witness testimony. We work closely with our clients to ensure that all relevant information is collected and included in the case. The evidence we have will also assist us in negotiate with the defendants' attorneys or insurance agents to obtain the best settlement offer.
Preliminary Conference
In a personal injury lawsuit the attorney for you must prove that the negligence of the defendant caused your accident. You must also prove that you suffered injuries due to your accident and that your injuries are a valid reason for financial compensation.
It's not an easy process, but it's at the trial that you'll finally know if you will get the compensation you deserve. In the trial before the jury your lawyer will argue that the defendant is at responsibility and they will argue that they have to be held accountable for your losses. The defendant will provide evidence that their actions are unrelated 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 typically the first time your case will have deadlines that are set by the Court itself. This is also the time when your attorney will be discussing the case with the defense.
A judicial registrar, or an individual of the court's staff, typically holds preliminary conferences. All participants must attend the preliminary conference in person, unless the case is handled in accordance with the New York's Differentiated Case Management Rule or the Rules are exempted in other ways. If a person is unable to attend in person, the convenor is able to permit them to attend via telephone or online. If your case is to be a part of the Differentiated Case Management program, a preliminary conference will also be an opportunity to identify whether your case falls into one of the three categories that are expedited, standard, or complex.
Bill of Particulars
After the complaint and summons have been filed, defendants named in the lawsuit will have twenty to thirty days (although this timeframe may be extended by the court). After the Answer has been filed, the case moves into the discovery phase. In this stage both parties exchange information through written demands for discovery and depositions.
The plaintiff's lawyer prepares a Bill of Particulars at the conclusion of the discovery. This document outlines 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 being made, to help them prepare for trial.
Before a Bill of Particulars can be followed, it must be scrutinized by the court. Generally, the court will only accept a Bill of Particulars that is not vague or 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. In 1994, the court upheld the motion to strike out the reference to willful or deliberate acts in a medical malpractice case.
The court will not allow introduction of a new theory of recovery at a disproportionately late point in the action. To avoid causing prejudice, an amendment made late to the Bill of Particulars must be supported by an affidavit that gives a reasonable explanation of the lateness of this amendment.
Physical Examination
If a defense attorney, or an insurance company requests that you take part in an Independent Medical Examination (IME), your natural first instinct could be to wonder the reason a doctor who may not know you, your medical history, and the details of your incident is requested to conduct an exam. This type of examination, which is required by Washington law, could be beneficial to your case.
Typically, IMEs are conducted by doctors medical who are hired by the insurance company of the defendant and aim to offer a different perspective to your injuries. Although they are sometimes referred to as "independent," these physicians as well as insurance companies - have their own agenda and financial motives in decreasing the amount of compensation that may be granted to a victim who has been injured.
Gilbert injury lawyer will ensure that you understand what to expect from an IME and will provide a copy to the doctor of all pertinent medical records. Your lawyer will be present during the IME to ensure that the questions asked by the doctor are consistent with your medical records. It is important to avoid playing around with the extent of your injuries with these doctors, as they are trained to spot dishonesty and may utilize this information against you in trial.