What is a Personal Injury Lawsuit? You could be eligible for compensation if you have been injured 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 a civil matter in which the plaintiff seeks 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 proceeding to force another person or entity to pay you compensation for the damage caused by an accident. The plaintiff is the one who was injured, and the defendants are the parties accountable. Personal injury cases may include the wrongful death of a person who dies because of the negligence or wrongdoing of others. Damages are typically classified into two categories: punitive and compensatory. Compensatory damages include medical bills as well as pain and suffering compensation, and other out of pocket expenses. Punitive damages are not common and are intended to penalize the perpetrator for their extreme behavior. The first category of damages is typically referred to as economic damages. This includes any out-of-pocket costs resulting from the accident and injuries. These might include doctor's bills, hospital costs and physical therapy expenses. In Ann Arbor injury lawsuits , additional expenses like the cost of travelling to and from appointments or modifications to your home due to permanent disabilities could also be included in an insurance claim. Non-economic losses are often described as pain and suffering damages. They are more difficult to quantify and are a result of the mental and emotional stress, anxiety and suffering that an accident can cause. Your lawyer will assist you to value these damages based on the extent of your injury. This could be based on the ability to do things you were previously able to do or your loss of consortium with family. Statute of limitations A legal rule known as the statute of limitation requires that anyone who is injured in an accident should file an action within a specified date or their claim will be dismissed. This is to stop evidence from being lost or lost and to stop those who delay bringing litigation related to an incident out for an indefinite period. The exact time frame differs from state to state however, personal injury claims typically have a two-to four-year time limit. However there are exceptions that could extend the amount of time that a victim must submit their claim. They should seek legal advice when determining whether or not their case falls within one of these exceptions. One of the main facets of the statute of limitations is that it only applies to the filing of a lawsuit in a court. Insurance claims are typically used to settle injury cases and do not require formal lawsuits. However, it is crucial to give yourself plenty of 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 may stop the clock on the statute of limitations, however they are rare and need to be evaluated on a case-by-case basis. The statute of limitation may not start until the person is aware 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 against municipalities. Complaint A personal injury lawsuit is a civil action brought by an injured person against the person or entity who caused the injury. The plaintiff claims that the defendant violated the duty of care, that this breach caused harm and loss to the plaintiff, and that the defendant is liable for those damages. The first document you file with a personal injury lawsuit is referred to as the complaint. It contains detailed allegations about the incident that led to your injuries. It also lists the damages you seek. The complaint also contains an prayer of relief which outlines what you want the court to do. The summons and complaint should be delivered to the defendant. After the complaint is filed, the defendant has to submit an answer to the complaint within a certain time period, and they may either deny or admit the allegations made in the complaint. The defendant may also make a counterclaim against the plaintiff or bring in another defendant as third-party defendant. A successful personal injury lawsuit is based on solid evidence, including medical records and witness testimony. We work closely with our clients to ensure that all relevant information is gathered and included in the case. The evidence we collect can also assist us to negotiate with defendants' attorneys or insurance companies to negotiate the most favorable settlement offer. Preliminary Conference In a personal injury lawsuit, your attorney must prove that the defendant's negligence caused your accident. You must be able to prove that you sustained injuries as a result of your accident, and that your injuries are a valid reason for financial compensation. It's a long process, but it's at the trial that you'll finally know if you will get the compensation you deserve. In a jury trial, your lawyer will argue that the defendant is responsible and must pay you for the losses you suffered. The defendant will present evidence that their actions are unrelated to the accident, which prevents them from having to compensate you for your losses. Before proceeding to trial, you must attend a preliminary conference. This is usually the first time that your case will have deadlines that are set by the Court itself. It is also the time that your attorney will discuss the case with the defense. A judicial registrar, also known as a member from the court staff, usually conducts preliminary conferences. All participants must attend the preliminary conference in person unless the case is handled by New York's Differentiated Case Management Rule or the Rules are otherwise exempted. If a person is unable to attend in person, the convenor may permit them to participate via phone or online. 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 into one of three categories: expedited standard or complex. Bill of Particulars After a summons or complaint are filed, the defendant parties who are named in the lawsuit have either twenty or thirty days in which to submit an Answer (although this time frame can be extended with the court's consent). Once the Answer is filed, the case is moved into what is called the discovery phase. In this period, both sides exchange information in the form of written discovery demands and depositions. The plaintiff's lawyer prepares a Bill of Particulars at the end of discovery. This document provides the legal claims that are being made 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, to help them prepare for trial. The court must review a Bill of Particulars before it can be complied with. In general, courts will only accept a Bill of Particulars that is not vague or broad. A Bill of Particulars must only include the specific acts of neglect that are being claimed, and not add any new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ) for instance 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 willful and intentional acts from a medical malpractice claim. The court will not permit a new theory to be introduced at a point in the case that is unreasonably late. To avoid prejudice, a belated amendment to the Bill of Particulars should only be permitted if supported by an affidavit stating an acceptable explanation for the lateness of the amendment. Physical Examination You may question the reason why a doctor, who doesn't know you, or your medical history, and isn't familiar with the specifics of your incident, would be required to conduct a medical examination. However, this kind of exam is actually required under Washington law, and could be beneficial in your case. IMEs are typically conducted by doctors employed by the insurance company of the defendant. They are there to provide an alternative view of your injuries. These doctors, sometimes referred to as independent and have their own agendas and financial interests in reducing the compensation that can be given to victims of injuries. If you decide to go through an IME the Orange County personal injury lawyer will ensure that you are aware of what to expect. They will provide copies of all relevant medical records for the doctor to review. Your lawyer will be present during the IME to ensure that the questions posed by the doctor are consistent with your medical records. It is important to not play with the extent of your injuries with these doctors, as they are trained to spot dishonesty and may use this information against you in trial.
Ann Arbor injury lawsuits
