What is a Personal Injury Lawsuit?
If you've been hurt due to another's actions or inactions, you may be able to recover compensation. To find out New Haven injury attorneys about your rights under the law, contact an experienced personal injury lawyer.
A personal injury lawsuit is a civil action in which the plaintiff seeks money to cover their losses, which include medical bills, lost wages property damage, and other costs. The process can take several months to a few years.
Damages
A personal injury lawsuit is a legal proceeding that is taken to force another person or entity to pay you for damages resulting from an accident. The plaintiff is the victim, and the defendants are the parties accountable. Personal injury cases can include cases of wrongful death when someone dies due to inattention or negligence of others.
Damages are typically classified into two categories: compensatory and punitive. Compensatory damages are meant to help the victim get back on track for good, including out-of-pocket costs such as medical bills as well as compensation for pain and suffering. Punitive damages, which are rare and are designed to punish the wrongdoer if they have committed extreme acts.
This category covers all costs caused by the accident or injury. These may include hospital expenses medical expenses, doctor's charges and physical therapy costs. Some claims may also include additional costs, like transportation costs to and from appointments, or the need to modify your home to accommodate a disability that is permanent.
Non-economic damages can also be called "pain and suffer" damages. These are more difficult to quantify and are a result of the mental and emotional stress, anxiety and suffering that accidents can cause. Based on the severity of your injuries your lawyer will help you determine the value of the damages. This may be based on your ability to do things you were previously able to do or your loss of a relationship with family.
Statute of limitations
A legal requirement known as the statute of limitation stipulates that anyone injured in an accident should file an action before a specific date or their claim will be dismissed. This is to safeguard evidence from being lost or forgotten, and to prevent people from dragging out incident-related litigation indefinitely.
The exact time frame varies between states, but personal injury claims typically have a two-to four-year time limit. However, there are exceptions that may extend the amount of time required for a victim to make a claim, and they should seek legal advice when to determine if their case falls within one of the exceptions.
A key aspect of the statute of limitations is that it is only applicable to the filing of an action in a court. Insurance claims are often used to resolve injuries and do not require formal lawsuits. But, it's crucial to give yourself enough time to take legal action in the event that insurance negotiations fail to follow the plan or there is a problem that cannot be resolved through the insurance system.
Certain circumstances can stop the clock on the statute of limitations, but they are extremely rare and have to be evaluated on a case-by case basis. The statute of limitation may not be established until the victim discovers or should have known that the injury resulted from someone else's negligence. In certain states, such as New York, it is different for claims that are made against municipalities.
Complaint
A personal injury lawsuit is brought by a victim against the person who caused the injury. The plaintiff claims that the defendant breached the duty of care, that the breach caused harm and loss to the plaintiff, and that the defendant is accountable for the damages.
The first document you file with a personal injury lawsuit is referred to as the complaint, and it contains specific details about the incident that caused your injuries. It also outlines the damages you seek. The complaint also includes an "prayer of relief" which outlines what you would like the court to do. The complaint must be served to the defendant with a summons that is a notice that they are being sued.
After the complaint is filed, the defendant must respond to the complaint within a specified time frame, and will either admit or deny the allegations made in the complaint. The defendant may also file a counterclaim or add a third party defendant to the case as third party defendant.
A successful personal injury lawsuit is built on solid evidence, which includes medical documents and witness testimony. We work closely with our clients to collect all relevant information and then include it in the case. The evidence we collect will also help us to negotiate with the defense attorneys or insurance companies to obtain the best 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 be able to prove that you sustained injuries from your accident, and that the injuries you sustained are worthy of financial compensation.
It can be a lengthy process, but it's at the trial that you'll be able to determine if you be awarded the compensation you deserve. In a trial before a jury, your lawyer will argue that the defendant is responsible and is required to compensate you for the losses you suffered. The defendant will provide evidence to show that their actions are not connected to the accident. This will stop them from settling your losses.
You must attend a pre-trial conference before proceeding with the trial. This is typically the first time that your case will have deadlines that are set by the Court itself. It is also the time when your attorney will discuss the case with the defense.
A judicial registrar, or an individual of the court staff typically conducts preliminary conferences. If the case is handled in accordance with the New York's Differentiated Case Management Rule, or is otherwise exempt from the Rules, all parties are required to attend in person. If, however, a person is unable to attend in person, they can participate via telephone or on the internet with the permission of the convenor. If your case will be part of the Differentiated Case Management Program, a preliminary meeting is also an opportunity to determine if your case falls under one of three categories namely advanced standard or complex.
Bill of Particulars
After the summons and complaint have been filed, the defendants named in the lawsuit will be given twenty to thirty days (although this deadline can be extended by the court). After the Answer is filed, the matter moves into the discovery phase. In this period the parties exchange information in the form of written demands for discovery and depositions.
After the discovery process is concluded The attorney for the plaintiff prepares what is known as a Bill of Particulars. This document outlines legal claims and the relief sought - usually the award of damages in cash. The Bill of Particulars is intended to put the defendant on notice of the specific legal claims being filed so that he or she can effectively prepare for trial.
The court must examine the Bill of Particulars before it is able to be followed. Generally, the court will only accept a Bill of Particulars that is not vague or overly broad. A Bill of Particulars must only include the specific acts of negligence that are being claimed and not include any new claims. For example 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.
Similarly, the court will not permit the introduction of a new doctrine of recovery at a disproportionately late stage in the litigation. To avoid causing prejudice any late amendment to the Bill of Particulars must be supported by an affidavit, which provides a reasonable explanation for the tardiness of the amendment.
Physical Exam
When a defense attorney or insurance company asks you to attend an Independent Medical Examination (IME) the first reaction may be to question the reason a doctor who may not know you or your medical history and the details of your accident is being asked to conduct an exam. This type of examination is required under Washington law, can be beneficial to your case.
Typically, IMEs are conducted by medical doctors who are employed by the insurance company of the defendant and their goal is to offer a different perspective on your injuries. Although they are sometimes described as "independent," these physicians, just like insurance companies have their own agendas and financial motives in reducing the amount of compensation that may be granted to a victim who has been injured.
Your Orange County personal injury attorney will make sure you know what you can expect from an IME and will provide 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 the doctors. They are trained to detect fraud, and may utilize this information in court.