20 Questions You Need To Ask About Injury Lawsuit Before You Purchase Injury Lawsuit
What is a Personal Injury Lawsuit?
If you've been hurt through the actions or inactions, you may be able to recover compensation. To find out more about your rights under the law to pursue compensation, consult a knowledgeable personal injury lawyer.
A personal injury lawsuit is a civil dispute in which the plaintiff seeks compensation for their losses, which include medical bills, lost wages property damage and other expenses. The process can take anywhere from several months to several years.
Damages
A personal injury lawsuit is an action to compel a person or entity to pay you money for damages related to an accident. The plaintiff is the one who was injured and the defendants are the parties accountable. If someone dies as a result of inattention or negligence of others In wrongful deaths, the case may be part of personal injury claims.
The damages of a victim are typically broken down into two groups: compensatory and punitive. Compensation damages can include medical bills as well as pain and suffering compensation, and other out of pocket expenses. Punitive damages, which are not common, are meant to punish the offender for committing extreme crimes.
The first type of damages is usually referred to as "economic damages." This includes the cost of out-of-pocket expenses incurred due to the accident or injury. This could include doctor's fees as well as hospital expenses and physical therapy expenses. In some instances, additional expenses like the cost of travel to and from appointments or modifications made to your home due to permanent disabilities can be included in an insurance claim.
Non-economic damages are also described as "pain and suffer" damages. These damages are harder to quantify, and they comprise the emotional distress and mental stress that an accident can cause. Depending on the extent of your injuries, your lawyer will help you place a value on these damages. This may be based on your 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, any person who is injured in an accident must make a claim within a specified time or the claim will be dismissed by the courts. This is done to stop evidence from being forgotten or lost, and also to stop those who delay bringing litigation related to an incident out indefinitely.
The time frame for filing a claim differs from one state another, but most personal injury claims have a time frame of between two and four years. There are some exceptions to the time to file an injury claim. If you need assistance determining if your case falls within one of these exceptions, then it is recommended that you seek legal advice.
The statute of limitations is only applicable to lawsuits that are filed in court. A majority of injuries cases are resolved through the process of filing an insurance claim and do not require a formal lawsuit filing. It is nevertheless important to give yourself enough time to start a lawsuit in the event that insurance negotiations do not go as planned or if a problem arises that is not resolved by insurance.
Certain circumstances may stop the statute of limitations clock however, these situations are rare and generally need to be analyzed on a case-by-case basis. For instance the statute of limitations may not begin to run until a victim has discovered or reasonably should have discovered that their injuries were caused by someone else's negligence, and in certain states, like New York, the statute of limitations differs for claims against municipalities.
Complaint
A personal injury lawsuit is a civil action filed by an injured party 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 losses to the plaintiff, and that the defendant should be held accountable for the damages.
The complaint is the first document that is filed in a personal injury lawsuit. It contains detailed allegations concerning the incident that led to your injuries, and the damages you seek. The complaint also contains a "prayer for relief" that describes what you want the court to do. The complaint must be served on the defendant along with a summons that is a notice that they are being sued.
After the complaint is filed, the defendant has to file an answer to the complaint within a specified timeframe, and may either deny or admit the allegations in the complaint. The defendant can also file a counterclaim, or add a third party defendant to the case as third party defendant.
A successful personal injury lawsuit is based on solid evidence including medical records and testimony from witnesses. New Britain injury lawyer You Tube work closely with our clients to ensure that all relevant information is collected and included in the case. The evidence can also help us negotiate with the attorney of the defendant or insurance companies to negotiate the best settlement possible.
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 you were injured in your accident and that the injuries are worthy of financial compensation.
It can be a lengthy procedure, but it's at the trial that you'll find out if you get the compensation you deserve. In the case of a trial before the jury the lawyer will argue for the defendant's responsibility and the need to be held accountable for your losses. 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.
You must attend a pre-trial discussion before you can proceed with the trial. This is often the first time your case will be subject to deadlines established by the Court itself. This is also the time when your attorney will discuss the case with the defense.
Preliminary meetings are usually held by a judicial registrar or a member of the court's staff. All parties must attend the initial conference in person, unless the case is handled under the New York's Differentiated Case Management Rule or the Rules are otherwise exempted. If a party is unable to attend in person, they may participate via telephone or on the internet with the approval of the convenor. If your case is part of the Differentiated Case Management Program, the initial meeting provides an opportunity to determine if your case falls within one of three categories namely complicated or expedited standard.
Bill of Particulars
After a summons or complaint are filed, the defendants who are named in the lawsuit have twenty or thirty days to file an Answer (although this deadline may be extended if the court gives consent). Once the Answer is filed, the case is moved to what is called the discovery phase. During this stage, both parties exchange information via written discovery demands and depositions.
The lawyer of the plaintiff drafts a Bill of Particulars at the end of the discovery. This document provides the legal claims being made as well as 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 being made, to help them prepare for trial.
Before a Bill of Particulars can be accepted, it must be examined by the court. In general, courts will only abide by a Bill of Particulars that is not overbroad or vague. 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 sustained the motion to strike all references to intentional and willful acts from a medical malpractice claim.
The court will not permit a new theory to be introduced at any stage in the litigation that is unreasonably late. To avoid negative consequences, an amendment made late to the Bill of Particulars should only be allowed when supported by an affidavit offering a reasonable excuse for the lateness of the amendment.
Physical Exam
If a defense attorney or insurance company demands 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 and your medical history and the details of your accident is being requested to conduct an exam. This type of examination, which is required by Washington law, can be beneficial to your case.
Typically, IMEs are conducted by doctors medical who are hired by the insurance company of the defendant and their goal is to offer a different view of your injuries. Although they are often called "independent," these physicians - just like the insurance companies - have their own agenda and financial motives in cutting down on 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 you can expect from an IME and will give a copy to the doctor of all relevant 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. Do not underplay or exaggerate the severity of your injury to these doctors. They are trained to detect fraud, and may use this information at trial.