20 Trailblazers Leading The Way In Injury Lawsuit
What is a Personal Injury Lawsuit?
You could be entitled to compensation if have been injured due to the actions or inactions of another person. Contact a seasoned personal injury lawyer to find out more about your rights.
A personal injury lawsuit is civil dispute where the plaintiff seeks compensation for their loss. This includes medical expenses as well as lost wages and property damage. The process can last between a few months and several years.
Damages
A personal injury lawsuit is a legal process which is filed to force another individual or entity to pay you for damages resulting from an accident. The plaintiff is the victim, and the defendants are accountable. If someone dies as a result of the inattention or negligence of others the wrongful death case can be included in personal injury lawsuits.
A victim's damages are typically broken down into two groups that are punitive and compensatory. Compensatory damages are intended to help the victim get back on track for good, including out-of-pocket costs such as medical expenses and compensation for pain and suffering. Punitive damages, which are rare and are designed to punish the offender when they have committed a number of extreme crimes.
This category includes all expenses incurred as a result of the injury or accident. These could include doctor's bills or hospital costs, as well as physical therapy expenses. Some claims may also include additional expenses, such as the cost of travel to and from appointments, or the need to modify your home to accommodate a permanent disability.
Non-economic losses are often referred to as "pain and suffering" damages. These damages are difficult to quantify, and include the emotional distress and mental anguish that accidents can cause. Your lawyer will help you value these damages based on the severity of your injuries. This could be based on the capacity to perform the activities you used to or your loss of consortium with your family.
Statute of Limitations
In a legal rule known as the statute of limitations, anyone who suffers injury as a result of an accident must file a lawsuit within a specified time or else their claim will be dismissed by the courts. This is done to stop evidence from being lost or lost, and to prevent people from dragging incident-related litigation out indefinitely.
The time frame for filing a claim varies from one state to another, but most personal injury lawsuits have a time limit of two to four years. There are some exceptions to the time limit for filing claims. If you need help determining if your case is one of these exceptions, it is best to seek legal advice.
One of the main facets of the statute of limitations is that it only applies to the filing of a lawsuit in court. Many cases of injury are resolved through the process of claiming insurance and do not require a formal lawsuit filing. It is nevertheless essential to allow yourself sufficient time to start a lawsuit in the event that negotiations with insurance don't go as planned, or if a problem arises which cannot be resolved through insurance.
Certain circumstances can stop the clock on the statute of limitations, however they are extremely rare and have to be considered on a case by case basis. The statute of limitations might not be established until the victim 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 a civil action initiated by a victim against the person or entity that caused the injury. It claims that the defendant breached a duty of care, and that this breach caused harm and loss to the plaintiff, and that the defendant should be held liable for those damages.
The first document you file with a personal injury lawsuit is referred to as the complaint. It includes specific allegations regarding the incident that led to your injuries. It also lists the damages you're seeking. The complaint also contains an "prayer of relief" that outlines what you want 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 certain timeframe, and may either deny or admit the allegations in the complaint. The defendant can also bring a counterclaim against plaintiff or bring in another defendant as a third-party defendant.
A successful personal injury lawsuit is built on solid evidence, which includes medical documents and witness testimony. 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 of the defendant or insurance companies to negotiate the most favorable settlement offer.
Preliminary Conference
In a personal-injury case the lawyer for you must prove that negligence on the part of the defendant led to your accident. You must also prove that you suffered injuries due to your accident and that those injuries warrant financial compensation.
Deerfield Beach injury lawsuits can be a lengthy process, but the trial is where you will be able to determine if you'll be awarded the damages you deserve. In a trial before a jury, your lawyer will argue that the defendant is liable and has to pay for the losses you suffered. The defendant will argue that their actions are not related to the accident, which will keep them from having to compensate you for your losses.
Before proceeding to trial you must attend a preliminaries conference. This is the first time your case will be subject to deadlines imposed by a court. This is also when your lawyer will discuss the matter with the defense.
Preliminary meetings are usually held by a judicial register or an individual from the court's staff. Unless the case is being handled under the New York's Differentiated Case Management Rule, or otherwise exempted from the Rules the participants are required to attend in person. However, if a party is unable to attend in person they may take part via phone or online with the permission of the convenor. If your case is going to be a part of the Differentiated Case Management program, a preliminary conference will also be a chance to determine whether your case falls within one of the three categories - expedited, standard or complex.
Bill of Particulars
After the complaint and summons have been filed, defendants named in the lawsuit will have between twenty and thirty days (although this timeframe may be extended by the court). Once the Answer is filed, the case is moved into the discovery phase. In this phase both parties exchange information via written demands for discovery and depositions.
The plaintiff's lawyer prepares a Bill of Particulars at the end of discovery. This document outlines legal claims and the relief sought - usually the award of damages in cash. The Bill of Particulars is meant to inform the defendant of the specific legal claims made, to help them prepare for trial.
The court must examine a Bill of Particulars before it is allowed to be enforced. Generally speaking, the court will only accept a Bill of Particulars that is not vague or overly broad. A Bill of Particulars should be limited to the specific acts of negligence claimed and should not add new claims. For example, in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. 1994) the court granted the motion to strike references to intentional and willful acts from a medical malpractice claim.
The court will also not allow a new doctrine to be introduced at any point in the action that is unreasonable late. In order to avoid resultant adverse consequences, a late amendment to the Bill of Particulars should only be allowed if accompanied by an affidavit stating an adequate explanation for the delay in the amendment.
Physical Exam
You might be wondering the reason why a doctor, who doesn't know you or your medical history and isn't familiar with the specifics of your incident, would be required to conduct a medical examination. However, this kind of exam is actually a requirement under Washington law, and could be beneficial in your case.
Typically, IMEs are conducted by medical doctors who are employed by the insurance company of the defendant and their aim is to provide a different perspective on your injuries. Although they are sometimes described as "independent," these physicians as well as insurance companies have their own agendas and financial stake in decreasing the amount of compensation that could be given to a victim of injury.
Your Orange County personal injury attorney will ensure that you are aware of what to expect from an IME and will give the doctor with a copy of all relevant medical records. Your lawyer will be present during the IME to make sure that the questions asked by the doctor are in line with your medical records. It is essential to not play with the severity of your injuries with the doctors, since they are trained to recognize the deceit and may utilize this information against you at trial.