Ten Things You Learned In Kindergarden That'll Help You With Injury Lawsuit
What is a Personal Injury Lawsuit?
You could be entitled to compensation if you were injured as a result of the actions or inactions of another person. To learn more about your legal rights get in touch with a seasoned personal injury lawyer.
A personal injury lawsuit is a civil litigant in which the plaintiff seeks compensation for their loss. This includes medical bills, lost wages and property damage. Spokane Valley injury lawsuits can take several months to a few years.
Damages
A personal injury lawsuit is a legal process that is taken to force another individual or entity to pay you for damages resulting from an accident. The plaintiff is the victim and the defendants are the parties responsible. If someone dies as the result of negligence or wrongdoing by others the wrongful death case may be part of personal injury lawsuits.
Damages are usually classified into two categories: compensatory and punitive. Compensation damages are designed to help the victim get back on track again, including out-of-pocket expenses such as medical expenses as well as compensation for suffering and pain. Punitive damages, which are not common, are meant to punish the perpetrator when they have committed a number of extreme acts.
This category covers all expenses that result from the accident or injury. These could include hospital bills as well as doctor's fees and therapy costs. In some instances other expenses such as the cost of travel to and from appointments, or modifications made to your home to accommodate permanent disabilities may also be included in the claim.
Non-economic damages are often called "pain and suffering" damages. They are more difficult to quantify and involve the mental and emotional stress, anguish and suffering that accidents can cause. Your lawyer can help you evaluate these damages based upon the severity of your injury. This may be based on your capacity to perform the things you were previously able to do or your loss of a relationship with family.
Statute of limitations
In a legal rule known as the statute of limitations, any person who suffers injury as a result of an accident must bring a lawsuit within a specified time or else their claim will be rejected by the courts. This is done to stop evidence from being forgotten or lost and to stop those who delay bringing litigation related to an incident out for a long time.
The exact time limit differs from one state another, but the majority of personal injury claims have a time frame of between two and four years. However, there are exceptions that may prolong the time required for a victim to file their claim and they should seek legal advice for help to determine whether or not your case falls under one of these exceptions.
The statute of limitations applies only to lawsuits filed in court. Many injury cases are resolved through the process of filing an insurance claim and do not require a formal lawsuit filing. It is still important to allow yourself enough time to bring a lawsuit in the event that negotiations with insurance aren't as smooth as you had hoped, or if a problem arises that is not resolved by insurance.
A few circumstances can pause the clock on the statute of limitations, but these instances are rare and generally need to be considered on a case-by-case basis. The statute of limitations might not begin until the victim realizes or should have realized that the injury was caused by another'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 a civil suit filed by an injured party against the person or entity who caused the injury. It alleges that the defendant breached the duty of care, that the breach caused harm and losses to the plaintiff, and that the defendant is liable for those damages.
The first document filed with a personal injury lawsuit is called the complaint. It contains detailed allegations about the incident that led to your injuries and outlines the damages you're seeking. The complaint also contains an "prayer of relief" which outlines 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 submit an answer to the complaint within a specified time frame, and may either deny or admit the allegations in the complaint. The defendant may also bring a counterclaim against plaintiff or bring in another defendant as a third-party defendant.
A successful personal injury lawsuit is based on solid evidence, including medical records 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 will also help us negotiate with the attorney of the defendant or insurance representatives to get the most favorable settlement offer.
Preliminary Conference
In a personal-injury case your lawyer must show that negligence on the part of the defendant caused your accident. You must also prove that you were injured in your accident and that these injuries are worth financial compensation.
It can be a lengthy process, but it is at the trial that you will find out if you get the compensation you deserve. In the trial before jurors your lawyer will argue the defendant's responsibility and they will argue that they have to be held accountable for your losses. The defendant will provide evidence to prove that their actions were unrelated to the accident. This will prevent them from paying you for your losses.
You must attend a pre-trial meeting prior to proceeding with the trial. This is typically the first time your case will have deadlines that are set by the Court itself. This is also when your attorney will be discussing the issue with the defense.
Preliminary conferences are typically conducted by a judicial registrar, or a member of the court's staff. All parties must attend the preliminary conference in person unless the case has been handled in accordance with 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 permit them to attend via telephone or online. If your case is going to be a part of the Differentiated Case Management program, an initial conference can be an opportunity to identify whether your case falls within one of the three classifications that are expedited, standard, or complex.
Bill of Particulars
After a complaint and summons are filed, the defendants identified in the lawsuit are given the option of having twenty or thirty days to respond (although this deadline can be extended with the court's approval). After the Answer is filed, the case enters what is called the discovery phase. In this phase, both parties exchange information via written discovery demands and depositions.
The plaintiff's lawyer prepares a Bill of Particulars at the end of the discovery. The document details 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 made so that he or she is able to effectively prepare for trial.
Before a Bill of Particulars can be followed, it must be reviewed by the court. In general, courts 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 neglect that are being claimed and not include any new claims. For instance, in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. 1994) The court ruled in favor of the motion to strike references to intentional and willful acts from a medical negligence claim.
In the same way, the court will not allow introduction of a new doctrine of recovery at an unreasonable late stage in the case. To avoid causing prejudice, an amendment made late to the Bill of Particulars must be supported by an affidavit that gives a reasonable explanation for the tardiness of the amendment.
Physical Exam
You may question why a doctor who doesn't know you or your medical history, and isn't familiar with the specifics of your accident, would be required to conduct a medical examination. 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 provide a different perspective on your injuries. These doctors, sometimes called "independent" and have their own agendas and financial interests in reducing the 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 a copy to the doctor of the 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 important to avoid playing with the severity of your injuries with these doctors, as they are trained to recognize fraud and could make use of this information against you at trial.