5 Laws That Can Help The Injury Lawsuit Industry
What is a Personal Injury Lawsuit?
If you have been injured through the actions or inactions, you could be eligible for compensation. Contact a knowledgeable personal injury lawyer to learn more about your rights.
A personal injury lawsuit is a civil matter in which the plaintiff seeks money to cover their losses, which include medical expenses, lost wages, damages to property and other expenses. The process can last from several months to several years.
Damages
A personal injury lawsuit is a legal proceeding to compel another person or entity to pay you compensation for the damage caused by an accident. Anchorage injury lawsuit is the victim and the defendants are accountable. Personal injury cases may include cases of wrongful death when someone dies because of the inattention or negligence of others.
Damages are typically classified into two categories: compensatory and punitive. Compensatory damages are intended to make the victim whole for good, including out-of-pocket costs such as medical expenses as well as compensation for suffering and pain. Punitive damages are uncommon and designed to punish the offender for extreme behavior.
This category covers all costs incurred as a result of the injury or accident. These could include doctor's bills or hospital costs, as well as physical therapy expenses. In some instances other expenses such as the cost of travel to and from appointments or modifications to your home due to permanent disabilities may be included in an insurance claim.
Non-economic damage can also be described as "pain and suffer" damages. These damages are difficult to quantify and comprise the emotional distress and mental anguish that an accident can cause. Based on the severity of your injuries your lawyer will assist you to estimate the value of these damages. This may be based on your capacity to perform the things you were previously able to do or your loss of a relationship with your family.
Statute of limitations
In a legal rule known as the statute of limitations, anyone who is injured in an accident must file a lawsuit within a specific time period or their claim will be dismissed by the courts. This is done to prevent 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 frame is different from state to state however personal injury claims generally have a two- to four-year limit. There are some exceptions to the time limit for filing claims. If you need assistance in determining whether your case falls within one of these exceptions, it is recommended that you seek legal advice.
The statute of limitations only applies to lawsuits filed in court. Many cases of injury are resolved through the insurance claim process and do not require a formal lawsuit filing. It is nevertheless essential to allow yourself sufficient time to bring a lawsuit in the event that insurance negotiations do not go as planned or if a problem occurs that is not resolved by insurance.
A few circumstances can pause the clock on the statute of limitations however, these situations are extremely rare and need to be analyzed on an individual basis. The statute of limitations might not be established until the victim is aware or should have known that the injury was caused by another's negligence. In certain states, like New York, it is different for claims that are made 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 asserts that the defendant breached their duty of care, and that the breach caused damage and losses for the plaintiff. The defendant is then held accountable for the losses.
The first document you file with a personal injury lawsuit is known as the complaint, and it contains detailed allegations about the incident that caused your injuries and outlines the damages you are seeking. The complaint also includes an "prayer of relief" which outlines what you would like the court to do. The summons and complaint must be given to the defendant.
After the complaint is filed, the defendant has to file an answer to the complaint within a specific timeframe, and must either accept or deny the allegations made in the complaint. The defendant can also file a counterclaim, or add another defendant to the case as third party defendant.
A successful personal injury lawsuit relies on solid evidence including medical records and testimony from witnesses. We work closely with our clients to gather all relevant information and then include it in the case. The evidence will also help us negotiate with the defendant's attorneys or insurance representatives to get the best settlement offer possible.
Preliminary Conference
In a personal-injury lawsuit, your lawyer must prove that negligence on the part of the defendant led to your accident. You must also prove that you suffered injuries in your accident and that these injuries are worthy of an amount of money.
It can be a lengthy process however, the trial is when you'll be able to decide if you'll be awarded the damages you deserve. In a jury trial your lawyer will argue that the defendant is accountable and has to pay for your losses. The defendant will provide evidence that their actions do not contribute to the accident, which will prevent them from having to compensate you for your losses.
Before you can proceed to trial you must attend a preliminaries conference. This is often the first time your case will have deadlines set by the Court itself. This is also the time when your attorney will be discussing the issue with the defense.
A judicial registrar, or a member of the court's staff, typically holds preliminary conferences. If the case is handled in accordance with New York's Differentiated Case Management Rule, or otherwise exempted from the Rules All parties are required to attend in person. However, if a party is unable to attend in person they are able to take part via phone or online, with the consent of the convenor. If your case will be part of the Differentiated Case Management Program, an initial meeting also provides an opportunity to determine if your case falls into one of three categories: complicated or expedited standard.
Bill of Particulars
When a summons and complaint are filed, the defendant parties who are named in the lawsuit have either twenty or thirty days in which to respond (although this deadline may be extended with the court's approval). Once the Answer is filed, the case moves into what is known as the discovery phase. During this phase the parties exchange information via written discovery demands and depositions.
The lawyer for the plaintiff prepares a Bill of Particulars at the conclusion of the discovery. The document details 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 being made, so that they can prepare for trial.
The court must look over the Bill of Particulars before it is allowed to be enforced. In general, the court will only abide by a Bill of Particulars if it is not vague or broad. A Bill of Particulars should be limited to the specific acts of negligence being claimed and should not contain new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ), for example was a case where the court found that the plaintiff had not been negligent. 1994), the court sustained a motion to strike all references to intentional and willful acts from a medical malpractice claim.
The court will also not allow a new doctrine to be introduced at a stage in the litigation that is unreasonablely late. To avoid prejudice, an amendment made late to a Bill of Particulars must be supported by an affidavit which provides a reasonable explanation for the delay of this amendment.
Physical Exam
You may question why a doctor who doesn't know you or your medical history and is unfamiliar with the specifics of your accident, would be asked to conduct a medical examination. However, this type of examination is actually a requirement under Washington law, and can be helpful to your case.
IMEs are usually conducted by doctors hired by the defendant’s insurance company. Their goal is to offer a different view of your injuries. These doctors, who are often referred to as "independent" are able to have their own goals and financial interests in reducing the compensation that is given to victims of injuries.
Your Orange County personal injury attorney will ensure that you understand what you can expect from an IME and will provide a copy to the doctor of all pertinent medical records. Your lawyer will be present during the IME to ensure that the questions asked by the doctor are in accordance with your medical records. It is not advisable to downplay or exaggerate the severity of your injury to these doctors. They are trained to spot fraudulent behavior, and can make use of this information in a trial.