What is a Personal Injury Lawsuit?
You may be entitled to compensation if have suffered injuries due to the actions or inactions of someone else. Contact a seasoned personal injury lawyer to learn more about your rights.
A personal injury lawsuit is civil litigant in which the plaintiff seeks compensation for their losses. This can include medical bills, lost wages and property damage. Ontario injury lawyer can take anywhere between a few months and several years.
Damages
A personal injury lawsuit is a legal proceeding that is used to force another person or entity to pay you for the damages that result from an accident. The person who is injured is referred to as the plaintiff while the parties responsible are referred to as defendants. If someone dies as a result of inattention or negligence of others, wrongful death cases may be part of personal injury claims.
Damages are usually classified into two categories: 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 as well as compensation for pain and suffering. Punitive damages, which are very rare and are intended to punish the wrongdoer if they have committed extreme acts.
This category includes all expenses caused by the injury or accident. These might include doctor's bills, hospital costs and physical therapy costs. Certain claims could also include additional expenses, such as transportation costs to and from appointments, or the need to modify your home to accommodate a permanent disability.
Non-economic losses are often described as "pain and suffering" damages. They are more difficult to quantify and involve the emotional distress, mental anguish and suffering caused by accidents. Your lawyer will help you evaluate these damages based upon the severity of your injury. This could be based on your capacity to participate in activities that you used to do or your loss of connection with family members.
Statute of limitations
A legal principle known as the statute of limitation stipulates that anyone injured in an accident must file an action before a specific date or else their claim will be dismissed. This is to stop evidence from being forgotten or lost, and also to stop those who delay bringing litigation related to an incident out indefinitely.
The exact time limit differs from one state another, but most personal injury claims have a time limit of between two and four years. There are certain exceptions to the time limit for filing claims. If you need assistance determining if your case is one of these exceptions, it is recommended that you seek legal advice.
The statute of limitations is only applicable to lawsuits filed in the court. Insurance claims are usually used to settle injury cases and do not require formal lawsuits. It is still essential to allow yourself sufficient time to bring a lawsuit in the event that negotiations with insurance do not go as planned or if a problem arises that is not resolved by insurance.
Certain circumstances may stop the clock on the statute of limitations, however they are not common and have to be assessed on a case-by case basis. For instance the statute of limitations may not begin to run until a victim discovered or reasonably should have discovered that their injury was caused by someone else's negligent actions, and in certain states, such as New York, the statute of limitations differs for claims against municipalities.
Complaint
A personal injury lawsuit is a civil action brought by an injured person against the person or entity that caused the injury. It claims that the defendant violated a duty of care, and that this breach caused harm and losses to the plaintiff, and that the defendant should be held liable for those damages.
The first document filed in a personal injury lawsuit is known as the complaint, and it includes specific allegations regarding the incident that led to your injuries. It also outlines the damages you're seeking. It also includes the "prayer for relief" that describes what you would like the court to do. The summons and complaint should be given to the defendant.
The defendant must respond to the complaint within a set of time limits and either admit or deny all the allegations contained in the complaint. The defendant may also file a counterclaim against the plaintiff or introduce another defendant as a third-party defendant.
A successful personal injury lawsuit relies on solid evidence such as 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 we collect will also help us to negotiate with the defense attorneys or insurance companies to negotiate the most favorable settlement offer.
Preliminary Conference
In a personal injury lawsuit the attorney for you must prove that the negligence of the defendant led to your accident. You must also prove you suffered injuries in your accident and that these injuries are worth the amount of financial compensation.
It can be a lengthy process however, the trial is where you will be able to determine if you'll get the damages you're entitled to. In a trial before a jury, your lawyer will argue the defendant's liability and that they must compensate you for your losses. The defendant will argue that their actions do not contribute to the accident, which will keep them from having to reimburse you for your losses.
You must attend a pre-trial discussion before proceeding with the trial. This is often the first time your case will have deadlines established by the Court itself. This is also when your lawyer will discuss the issue with the defense.
A judicial registrar, or a member from the court staff, typically holds preliminary conferences. All parties must attend the preliminary conference in person unless the case has been handled in accordance with the 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 phone or via the internet. If your case is scheduled to be part of the Differentiated Case Management program, an initial conference can be an opportunity to identify whether your case falls under one of the three categories which are expedited, standard or complex.
Bill of Particulars
After a summons or complaint are filed, the defendants identified in the lawsuit are given the option of having twenty or thirty days to submit an Answer (although this deadline can be extended with the court's approval). After the Answer has been filed, the matter moves into what is called the discovery phase. During this time, both sides exchange information in the form of written demands for discovery and depositions.
The lawyer of the plaintiff drafts a Bill of Particulars at the conclusion of the discovery. This document outlines the legal claims being made as well as the relief requested - typically 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 they is able to effectively prepare for trial.
The court must review the Bill of Particulars before it can be complied with. Generally, the court will only comply with a Bill of Particulars that is not vague or overly broad. A Bill of Particulars should be limited to the specific negligence that is being claimed and should not contain new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ) for instance, was a case where the court ruled that the plaintiff had not been negligent. 1994) the court granted the motion to strike all references to willful and intentional acts from a medical malpractice claim.
The court will not permit a new theory to be introduced at a stage in the litigation that is unreasonable late. To avoid prejudice, any late amendment to the Bill of Particulars must be supported by an affidavit that provides a reasonable explanation for the tardiness of the amendment.
Physical Examination
When a defense attorney or insurance company asks you to attend an Independent Medical Examination (IME) the first reaction could be to wonder the reason a doctor who may not know you, your medical history, and the particulars of your accident is being asked to conduct an exam. However, this kind of examination is actually an obligation under Washington law and can be helpful in your case.
Typically, IMEs are conducted by doctors medical who are hired by the defendant's insurance company and their aim is to provide a different perspective on your injuries. These doctors, often referred to as "independent", have their own goals and financial interests in reducing the compensation that can be paid to victims.
If you decide to go through an IME, your Orange County personal injury lawyer will ensure that you are well-informed about what to expect and will provide the complete set of medical records for the doctor to review. Your lawyer will also be present at the IME and will make sure that you are being treated with respect and courtesy by ensuring that doctors questions do not deviate from the ones you have in your medical records. It is important to avoid playing around with the severity of your injuries with the doctors, since they are trained to recognize dishonesty and may utilize this information against you at trial.