10 Things You Learned From Kindergarden That Will Help You With Injury Lawsuit
What is a Personal Injury Lawsuit?
If you've been hurt by another person's actions or inactions, you could be entitled to compensation. To learn more about your legal rights, contact an experienced personal injury lawyer.
A personal injury lawsuit is civil litigation in which the plaintiff seeks compensation for their losses. This includes medical expenses or lost wages, as well as property damage. The process can run between a few months and several years.
Damages
A personal injury lawsuit is an action to compel another person or entity to pay compensation for the damage caused by an accident. The plaintiff is the victim and the defendants are the ones responsible. Personal injury cases may include the wrongful death of a person who dies due to the negligence or wrongdoing of others.
A victim's damages are typically divided into two categories that are punitive and compensatory. Hayward injury lawyer are designed to ensure that the victim is completely again, including out-of-pocket expenses like medical bills as well as compensation for pain and suffering. Punitive damages are rare and are designed to punish the wrongdoer for extreme conduct.
The first type of damages is usually referred to as "economic damages." This is the term used to describe any out-of-pocket costs resulting from the accident and injuries. This could include hospital bills medical expenses, doctor's charges and physical therapy costs. In some cases additional expenses, such as the cost of traveling to and from appointments or modifications to your home due to permanent disabilities may be included in the claim.
Non-economic damages are commonly described as "pain and suffering" damages. These are more difficult to quantify and are a result of the mental and emotional stress, anxiety and suffering that an accident can cause. Based on the severity of your injuries your lawyer will help you determine the value of the damages. This could be based on the ability to do things you were previously able to do or your loss of a relationship with your family.
Statute of Limitations
A legal requirement known as the statute of limitations obliges anyone injured in an accident should file an action within a specified date or the claim will be dismissed. This is to safeguard evidence from being lost or forgotten and to stop people from carrying out litigation relating to incidents for an indefinite period.
The exact time frame is different between states, but personal injury claims typically have a two-to four-year time limit. There are certain exceptions to the time period for filing an injury claim. If you require assistance to determine if your claim is one of these exceptions, then 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 resolve injuries and do not require formal lawsuits. Even so, it is important to allow yourself enough time to file a lawsuit in the event that negotiations don't follow the plan or an issue arises that cannot be addressed by the insurance system.
Certain circumstances may stop the clock on the statute of limitations, however they are extremely rare and have to be evaluated on a case-by case basis. For example the statute of limitations may not begin to run until the victim discovers or reasonably should have discovered that their injuries were caused by another person'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 claims that the defendant breached the duty of care, that this breach caused harm and losses to the plaintiff and that the defendant is accountable for the damages.
The first document you file with a personal injury lawsuit is known as the complaint. It contains detailed allegations about the incident that led to your injuries. It also lists the damages you seek. The complaint also contains an "prayer for relief" that describes what you want the court to do. The summons and complaint must be delivered to the defendant.
After the complaint is filed, the defendant is required to respond to the complaint within a specific time frame, and will either admit or deny the allegations made in the complaint. The defendant can also file a counterclaim, or add another defendant to the case by naming a third party defendant.
A successful personal injury lawsuit is based on solid evidence, including medical documents and testimony from witnesses. We collaborate closely with our clients to ensure that all relevant information is gathered and included in the case. The evidence can also help us negotiate with the attorney for the defendant or insurance representatives to get the best settlement offer possible.
Preliminary Conference
In a personal injury case, your attorney must prove that the negligence of the defendant caused your accident. You must also prove that you suffered injuries from your accident, and that those injuries warrant financial compensation.
This could be a long process however, the trial is where you can finally determine whether you'll receive the compensation you deserve. In a jury trial, your lawyer will argue that the defendant is liable and has to pay for the losses you suffered. The defendant will present evidence that their actions are unrelated to the accident, which will prevent them from having to pay you for your losses.
You must attend a pre-trial meeting prior to proceeding with the trial. This is often the first time your case will be subject to deadlines that are set by the Court itself. It is also the time where your lawyer will discuss the case with the defense.
A judicial registrar, or an individual of the court staff typically conducts preliminary conferences. All parties must attend the initial conference in person, unless the case is handled in accordance with the New York's Differentiated Case Management Rule or the Rules are otherwise exempted. However, if a party cannot attend in person, they may take part via phone or online, with the consent of the convenor. If your case will be part of the Differentiated Case Management Program, a preliminary meeting is also an opportunity to determine whether your case falls under one of three categories - expedited standard or complex.
Bill of Particulars
After the complaint and summons have been filed, the defendants named in the lawsuit will be given between twenty and thirty days (although this deadline can be extended by the court). When the Answer is filed, the case moves into what is called the discovery phase. In this phase the parties exchange information in the form of written demand for discovery and depositions.
The lawyer of the plaintiff drafts a Bill of Particulars at the end of discovery. This document outlines legal claims and the relief sought - typically an award of money damages. The Bill of Particulars is intended to inform the defendant notice of the specific legal claims being filed so that he or she is able to effectively prepare for trial.
The court must examine a Bill of Particulars before it is able to be followed. Generally, the court will only abide by a Bill of Particulars that is not vague or overly broad. A Bill of Particulars must only include the specific acts of neglect that are being claimed and must not include new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ) for instance was a case in which the court found that the plaintiff was not negligent. 1994), the court sustained the motion to strike all references to willful and intentional acts from a medical malpractice claim.
The court will not allow a new theory to be added at a point in the case that is unreasonably late. To avoid prejudice, a belated amendment to the Bill of Particulars should only be allowed when supported by an affidavit stating an adequate explanation for the lateness of the amendment.
Physical Exam
You may question why a doctor, who isn't familiar with you or your medical history and is unfamiliar with the specifics of your accident, would be asked to conduct a medical exam. However, this kind of exam is actually an obligation under Washington law and could be beneficial to your case.
Typically, IMEs are conducted by medical doctors who are employed by the defendant's insurance company and aim to offer a different perspective on your injuries. These doctors, who are often referred to as "independent" and have their own agendas and financial stakes in reducing the amount of compensation which is 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 provide the doctor with a copy of the relevant medical records. Your lawyer will be present during the IME to make sure that the questions asked by the doctor are consistent with your medical records. Do not underplay or exaggerate the severity of your injuries to these doctors. They are trained to detect dishonesty, and could use this information at trial.