How To Explain Injury Lawsuit To Your Grandparents
What is a Personal Injury Lawsuit?
If you've been injured due to another's actions or inactions, you may be entitled to compensation. Contact an experienced personal injury attorney to learn more about your rights.
A personal injury lawsuit is a civil litigant in which the plaintiff seeks compensation for their losses. This can include medical bills as well as lost wages and property damage. The process can last from a few months to several years.
Damages
A personal injury lawsuit is a legal proceeding to force another person or entity to pay compensation for the damages resulting from an accident. The party who suffered the injury is known as the plaintiff and the parties responsible are referred to as defendants. If someone dies as the result of negligence or wrongdoing by others In wrongful deaths, the case are often included in personal injury claims.
Damages are typically 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 like medical bills as well as compensation for suffering and pain. Punitive damages, which are not common and are intended to punish the offender when they have committed a number of extreme crimes.
The first category of damages is usually referred to as "economic damages." This includes all out-of-pocket expenses associated with the accident and injuries. These might include doctor's bills as well as hospital expenses and physical therapy expenses. In some cases other expenses such as the cost of travel to and from appointments, or modifications made to your home for permanent disabilities could be included in a claim.
Non-economic damages are often referred to as "pain and suffering" damages. These are more difficult to quantify and involve the mental and emotional stress, anxiety and suffering that accidents can cause. Based on the severity of your injuries your lawyer can help you determine the value of these damages. This could be based on the ability to do things you were previously able to do or your loss of consortium with your family.
Statute of limitations
A legal requirement known as the statute of limitations stipulates that anyone injured in an accident must file an action within a specified date or the claim will be dismissed. This is to stop evidence from being lost or lost, and to prevent individuals from dragging litigation relating to incidents out for a long time.
The time frame for filing a claim differs from one state another, but most personal injury lawsuits have a time limit of between two and four years. There are certain exceptions to the period for filing an injury claim. If you need help to determine if your claim falls within one of these exceptions, then it is recommended to seek legal advice.
The statute of limitations only applies to lawsuits filed in court. Insurance claims are typically used to settle injury cases and do not require formal lawsuits. It is still important to allow yourself enough time to file a lawsuit in the event that negotiations with insurance don't 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, but they are not common and have to be evaluated on a case by case basis. For example the statute of limitations may not start running until the victim discovers or reasonably should have discovered that their injury was caused by another person'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 initiated by a victim against the person or entity that caused the injury. It claims that the defendant breached the duty of care, and that the breach caused harm and losses to the plaintiff and that the defendant should be held accountable for the losses.
The complaint is the primary document that is filed in a personal injury case. It provides detailed details concerning the incident that led to your injuries, and the damages you are seeking. It also contains an "prayer for relief" that outlines what you would like 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.
The defendant must respond to the complaint within a set of time frames and either accept or deny all allegations made in the complaint. The defendant may also file a counterclaim or add another defendant to the case as third party defendant.
A successful personal injury lawsuit is based on solid evidence, including 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. Laredo injury attorneys will also assist us negotiate with the attorney of the defendant or insurance representatives to get the best settlement offer possible.
Preliminary Conference
In a personal injury case your lawyer must demonstrate that the negligence of the defendant caused your accident. You must also prove that you were injured in the accident and that these injuries are worth the amount of financial compensation.
It can be a lengthy process, but 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 the losses you suffered. The defendant will present evidence that their actions do not contribute to the accident, which prevents them from having to pay you for your losses.
You must attend a pre-trial discussion prior to proceeding with the trial. This is usually the first time that your case will be subject to deadlines established by the Court itself. This is also when your attorney will be discussing the matter with the defense.
A judicial registrar, or an individual of the court's staff, usually conducts preliminary conferences. All parties must attend the initial conference in person unless the case is 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 can permit them to participate via phone or online. If your case is to be part of the Differentiated Case Management program, the preliminary conference will be an opportunity to identify whether your case falls into one of the three classifications - expedited, standard or complex.
Bill of Particulars
After a complaint and summons are filed, the defendants 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 with the court's approval). After the Answer is filed, the matter moves into the discovery phase. During this phase both parties exchange information via written demands for discovery and depositions.
Following the conclusion of discovery the attorney representing the plaintiff drafts what is called a Bill of Particulars. The document details 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 look over a Bill of Particulars before it is allowed to be enforced. In general, the court will only abide by the Bill of Particulars if it is not vague or broad. A Bill of Particulars should be limited to the specific acts of negligence 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 found that the plaintiff was not negligent. In 1994, the court affirmed a motion to strike any references to willful or intentional acts in a medical negligence case.
The court will not allow a new theory to be added at any stage in the litigation that is unreasonablely late. To avoid negative consequences, an amendment made late to the Bill of Particulars should only be allowed if accompanied by an affidavit offering an acceptable explanation for the lateness of the amendment.
Physical Exam
If a defense attorney or insurance company asks you to take part in an Independent Medical Examination (IME) the first reaction might be to ask the reason a doctor who may not know you and your medical history and the details of your accident is being required to conduct an examination. This type of examination, which is required by Washington law, could be beneficial to your case.
Typically, IMEs are conducted by doctors medical who are hired by the insurance company of the defendant and aim to provide a different view of your injuries. While they are sometimes referred to as "independent," these physicians, just like insurance companies - have their own agenda and financial motives in reducing the amount of compensation that can be given to a victim of injury.
If you choose to undergo an IME the Orange County personal injury lawyer will make sure that you are aware of what to expect and 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 examined with respect and courtesy by ensuring that doctors ' questions aren't divergent from the ones in your medical records. Do not underplay or exaggerate the severity of your injury to these doctors. They are trained to detect fraudulent behavior, and can use this information at trial.