What is a Personal Injury Lawsuit?
If you've been hurt by another person's actions or inactions, you could be able to recover compensation. Contact an experienced personal
injury lawsuits attorney to learn more about your rights.
A personal injury lawsuit is a civil action where the plaintiff is seeking money to compensate for their losses, which include medical expenses, lost wages, property damage and other expenses. The process can take anywhere from several months to several years.
Damages
A personal injury lawsuit is a legal action that is taken to force another individual or entity, to pay you compensation for damages caused by an accident. The party who suffered the
injury lawyer is known as the plaintiff and the parties responsible are referred to as defendants. Personal
Injury claims lawyers cases can include the wrongful death of a person who dies due to negligence or wrongful actions of others.
A victim's damages are typically divided into two categories: compensatory and punitive. Compensatory damages are meant to help the victim get back on track and regain their financial security, which includes out-of-pocket expenses like medical bills as well as compensation for pain and suffering. Punitive damages are not common and are intended to penalize the perpetrator for their extreme behavior.
The first category of damages is often known as "economic damages." This includes the cost of out-of-pocket expenses incurred due to the accident and injuries. These may include hospital expenses, doctor's fees and physical therapy costs. Some claims may also include additional expenses, such as travel costs to and from appointments or home modifications to accommodate a disability that is permanent.
Non-economic losses are often called "pain and suffering" damages. These damages are more difficult to quantify and include the emotional distress and mental stress that accidents can cause. Depending on the severity of your injuries, your lawyer can help you determine the value of the damages. This could be based on your ability to enjoy activities you used to do or your loss of connection with family members.
Statute of limitations
A legal requirement known as the statute of limitations obliges anyone injured in an accident file an action before a specific date or the claim will be dismissed. This is done to stop evidence from being lost or lost and to stop those who delay bringing litigation related to an incident out indefinitely.
The exact duration of time varies between states, however, personal injury claims typically have a two-to four-year limitation. There are certain exceptions to the time period for filing a claim. If you need help determining if your case falls within one of these exceptions, then it is recommended that you seek legal advice.
One of the main facets of the statute of limitations is that it is only applicable to the filing of an action in court. Insurance claims are usually used to resolve injuries 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 don't go as planned, or if there is a problem that is not resolved by insurance.
Certain circumstances can stop the clock on the statute of limitations, but they are rare and need to be evaluated on a case-by case basis. For instance the statute of limitations might not start running until the victim discovers or ought to have realized that their injuries were caused by a negligent actions, and in some states, such as New York, the statute of limitations is different 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. The plaintiff claims that the defendant breached a duty of care, that this breach caused harm and loss to the plaintiff, and that the defendant is accountable for the losses.
The first document filed in a personal injury lawsuit is known as the complaint. It contains detailed allegations about the incident that caused your injuries. It also lists 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 should be given to the defendant.
After the complaint is filed, the defendant must respond to the complaint within a specific timeframe, and will either admit or deny the allegations in the complaint. The defendant can also file a counterclaim or add a third party defendant to the case by naming a third party defendant.
A successful personal injury lawsuit is built on solid evidence, such as medical documents and witness testimony. We work closely with our clients to ensure that all relevant information is gathered and included in the case. The evidence can also help us negotiate with the attorney of the defendant or insurance agents to obtain the best settlement possible.
Preliminary Conference
In a personal-injury case, your lawyer 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 your injuries are worth financial compensation.
It's not an easy process, but it is at the trial that you'll be able to determine if you receive the damages you deserve. In a trial before a jury, your lawyer will argue that the defendant is accountable and has to pay for your losses. The defendant will argue that their actions are unrelated to the accident, which prevents them from having to reimburse you for your losses.
Before you can proceed to trial you must attend a preliminary conference. This is often the first time your case will be subject to deadlines set by the Court itself. It is also the time where your
lawyer near me injury will discuss the case with the defense.
Preliminary meetings are usually held by a judicial registrar, or a member of the court's staff. Unless the case is handled by New York's Differentiated Case Management Rule, or otherwise exempted from the Rules the parties are required to attend in person. If a person is unable to attend in person, the convenor can allow them to participate by phone or online. If your case is to be part of the Differentiated Case Management program, an initial conference can be a chance to determine whether your case falls within one of the three classifications which are expedited, standard or complex.
Bill of Particulars
After a summons or complaint are filed, the defendant parties who are named in the lawsuit have the option of having twenty or thirty days to submit an Answer (although this deadline can be extended if the court gives permission). After the Answer has been filed, the case is moved into what is called the discovery phase. In this stage, both parties exchange information via written discovery demands and depositions.
Following the conclusion of discovery, the plaintiff's attorney prepares what is called a Bill of Particulars. The document details the legal claims that are being made and the relief sought - usually an award of money damages. The Bill of Particulars is intended to inform the defendant notice of the specific legal claims being made, so that they can effectively prepare for trial.
The court must examine a Bill of Particulars before it can be complied with. In general, a court will only be able to abide by the Bill of Particulars if it is not vague or overbroad. A Bill of Particulars should be limited to the specific acts of negligence being claimed and should not add new claims. For instance in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. 1994) The court ruled in favor of a motion to strike all references to willful and intentional acts from a medical negligence claim.