What is a Personal Injury Lawsuit?
You may be eligible for compensation if you were injured as a result of the actions or inactions of someone else. Contact a seasoned personal injury lawyer to find out more about your rights.
A personal injury lawsuit is a civil action in which the plaintiff seeks money to compensate for their losses, such as medical expenses, lost wages, damages to property and other expenses. New Rochelle injury lawsuits can last from a few months to several years.
Damages
A personal injury lawsuit is a legal proceeding to force another person or entity to pay you compensation for the damage caused by an accident. The injured party is known as the plaintiff while the parties accountable are known as defendants. If someone dies as a result of the inattention or negligence of others In wrongful deaths, the case may be part of personal injury lawsuits.
The damages a victim suffers are usually divided into two categories: compensatory and punitive. Compensation damages are designed to make the victim whole for good, including out-of-pocket costs like medical bills as well as compensation for pain and suffering. Punitive damages, which are rare and are intended to punish the wrongdoer when they have committed a number of extreme crimes.
This category includes all expenses that result from the injury or accident. This could include doctor's fees or hospital costs, as well as physical therapy costs. In certain cases, additional expenses like the cost of travelling to and from appointments, or modifications made to your home due to permanent disabilities may be included in an insurance claim.
Non-economic damage can also be referred to by the term "pain and suffer" damages. They are more difficult to quantify and are a result of the mental and emotional stress, anxiety and suffering that an accident can cause. Your lawyer will assist you to determine the value of these damages based on the severity of your injuries. This could be based on the ability to do things you did before or your loss of a relationship with family.
Statute of Limitations
A legal rule known as the statute of limitations stipulates that anyone injured in an accident file an action before a specific date or the claim will be dismissed. This is to prevent evidence from being lost or forgotten, and to stop people from drag out litigation related to an incident for a long time.
The exact time frame is different from state to state, however personal injury claims generally have a two-to four-year time limit. However, there are exceptions that could prolong the time a victim has to file their claim and they should seek legal advice for assistance in determining whether or not your case falls under one of these exceptions.
The statute of limitations is only applicable to lawsuits that are filed in court. Insurance claims are often used to resolve injury cases and do not require formal lawsuits. It is nevertheless important to give yourself enough time to bring a lawsuit in the event that negotiations with insurance do not go as planned or if a problem arises which cannot be resolved through insurance.
Certain circumstances can stop the statute of limitations clock, but these instances are extremely rare and need to be evaluated on an individual basis. For instance, the statute of limitations might not start running until the victim discovers or reasonably should have discovered that their injury was caused by another person's negligent actions, and in some states, such as New York, the statute of limitations differs for claims against municipalities.
Complaint
A personal injury lawsuit is a civil case brought by an injured person against the person or entity who caused the injury. The plaintiff claims that the defendant violated the duty of care, that this breach caused harm and loss to the plaintiff and that the defendant is accountable for the losses.
The complaint is the initial document that you file in a personal injury lawsuit. It contains detailed allegations regarding the incident that caused your injuries as well as the damages you seek. It also contains the "prayer for relief" which outlines what you would like the court to do. The complaint and summons must be delivered to the defendant.
After the complaint is filed, the defendant must submit an answer to the complaint within a specified time period, and they may either deny or admit the allegations in the complaint. The defendant may also file a counterclaim, or add a third party defendant to the case as a third party defendant.
A successful personal injury lawsuit is based on solid evidence, such as medical records and witness testimony. We collaborate closely with our clients to ensure that all relevant information is gathered and included in the case. The evidence will also assist us negotiate with the defendant's attorneys or insurance representatives to get the best settlement offer possible.
Preliminary Conference
In a personal injury case the attorney for you must prove that the negligence of the defendant led to your accident. You must also prove that you suffered injuries due to your accident and that the injuries you sustained are worthy of financial compensation.
It can be a lengthy process, but it is at the trial that you'll finally know if you will receive the damages you are entitled to. In a jury trial, your lawyer will argue that the defendant is liable and must pay you for your losses. The defendant will present evidence to show that their actions were not related to the accident. This will prevent them from settling your losses.
You must attend a pre-trial conference prior to proceeding with the trial. This is usually the first time that your case will be subject to deadlines that are set by the Court itself. This is also the time where your attorney will discuss the case with the defense.
A judicial registrar, or a member of the court's staff, usually conducts preliminary conferences. All parties must attend the initial conference in person unless the case has been handled by 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 allow them to participate by telephone or online. If your case will be part of the Differentiated Case Management Program, the initial meeting provides an opportunity to determine if your case falls under one of three categories namely complicated or expedited standard.
Bill of Particulars
After a complaint and summons are filed, the defendant parties who are named in the lawsuit have the option of having 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. During this stage both parties exchange information via written demands for discovery and depositions.
The lawyer of the plaintiff drafts a Bill of Particulars at the end of discovery. This document provides the legal claims that are being made and the relief requested - typically an award of money damages. 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 accepted, it must be reviewed by the court. In general, the 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 claimed and must not include new claims. For example, in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. In 1994, the court affirmed the motion to strike all references to intentional or willful actions in a medical malpractice case.
The court will not permit the introduction of a new doctrine of recovery at an unreasonably late stage in the case. To avoid adverse consequences, a late amendment to a Bill of Particulars should only be permitted if supported by an affidavit offering a reasonable excuse for the lateness of the amendment.
Physical Exam
You may question 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 required to conduct a medical examination. This type of examination, which is required by Washington law, could be beneficial to your case.
IMEs are typically performed by doctors who are employed by the insurance company of the defendant. Their goal is to provide an alternative perspective on your injuries. These physicians, who are sometimes referred to as "independent" and have their own goals and financial interests in reducing the amount of compensation that is given to victims of injuries.
Your Orange County personal injury attorney will ensure that you are aware of what you can expect from an IME and will give an IME doctor with a copy of all relevant medical records. Your lawyer will also be present at the IME and will make sure that you are examined fairly by ensuring that the questions of the doctor do not diverge from the ones you have in your medical records. Do not underplay or exaggerate the severity of your injury to the doctors. They are trained to detect fraud, and may make use of this information in a trial.