What is auto accident injury ?
If you've been hurt through the actions or inactions, you may be entitled to compensation. To find out more about your rights under the law get in touch with a seasoned personal injury lawyer.
A personal injury lawsuit is a civil matter where the plaintiff is seeking compensation for their losses, including medical bills, lost wages property damage, and other costs. The process can take anywhere between a few months and several years.
Damages
A personal injury lawsuit is a process to force another person or entity to pay you compensation for the damages resulting from an accident. The person who is injured is referred to as the plaintiff, while the parties accountable are known as defendants. Personal injury cases can include wrongful death claims when someone dies because of the inattention or negligence of others.
A victim's damages are typically divided into two categories: compensatory and punitive. Compensatory damages are intended to help the victim get back on track again, including out-of-pocket expenses such as medical bills as well as compensation for suffering and pain. Punitive damages, which are not common, are meant to punish the offender when they have committed a number of extreme actions.
The first category of damages is usually known as "economic damages." This covers the cost of out-of-pocket expenses incurred due to the accident and injuries. These might include doctor's bills, hospital costs and physical therapy expenses. 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 damages can also be called "pain and suffer" damages. They are more difficult to quantify and involve the mental and emotional stress, suffering and anguish that an accident can cause. Your lawyer can help you determine the value of these damages based on the severity of your injuries. This might 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 rule known as the statute of limitation obliges anyone injured in an accident file an action before a specific date or else their claim will be dismissed. This is to protect evidence from being lost or forgotten and to stop people from drag out litigation relating to incidents for an indefinite period.
The exact time frame differs from state to state however personal injury claims generally have a two- to four-year time limit. However, there are exceptions that could extend the amount of time required for a victim to submit their claim. They should seek legal advice for help to determine if their case falls into one of these exceptions.
One of the most important aspects of the statute of limitations is that it only applies to the filing of an action in a court. Many injury cases are resolved through the process of filing an insurance claim and do not require formal lawsuit filing. But, it's crucial to give yourself enough time to pursue legal action in the event that negotiations don't go as planned or an issue arises that can't be easily addressed through the insurance system.
A few circumstances can pause the clock on the statute of limitations however these cases are extremely rare and need to be evaluated on an individual case-by-case basis. The statute of limitations might not be established until the victim discovers or should have known that the injury was caused by someone else's negligence. In some states, such as New York, it is different for claims made against municipalities.
Complaint
A personal injury lawsuit is brought by the victim against the person who caused the injury. It asserts that the defendant violated their duty of care and this breach caused loss and harm to the plaintiff. The defendant is then held responsible for these damages.
The first document filed in a personal injury lawsuit is referred to as the complaint. It includes specific allegations regarding the incident that caused your injuries. It also lists the damages you're seeking. The complaint also contains a "prayer of relief" that outlines what you would like the court to do. The summons and complaint should be handed over to the defendant.
The defendant must respond to the complaint within certain time frames and either accept or deny the allegations contained in the complaint. The defendant can also file a counterclaim or add a third party defendant to the case as third party defendant.
A successful personal injury lawsuit is based on solid evidence, including medical documents and witness testimony. We work closely together with our clients to gather all relevant information and then include it in the case. The evidence we gather can also assist us to negotiate with defense lawyers or insurance agents to obtain the best settlement offer.
Preliminary Conference
In a personal injury case the attorney for you must prove that the defendant's negligence caused your accident. You must be able to prove that you sustained injuries from your accident, and that the injuries you sustained are worthy of financial compensation.
It's not an easy process, but it is at the trial that you'll be able to determine if you be awarded the compensation you deserve. In a jury trial your lawyer will argue that the defendant is responsible and has to pay for your losses. The defendant will provide evidence to prove that their actions were not related to the accident. This will prevent them from paying you for your losses.
Before proceeding to trial you must attend a preliminaries conference. This is often the first time your case will have deadlines established by the Court itself. This is also the time when your attorney will be discussing the issue with the defense.
Preliminary conferences are usually conducted by a judicial registrar, or someone on the court's staff. Unless the case is being handled by the New York's Differentiated Case Management Rule, or if it is exempted from the Rules All participants are required to attend in person. If a party is unable to attend in person they are able to participate via phone or internet with the approval of the convenor. If your case is part of the Differentiated Case Management Program, an initial meeting also provides an opportunity to determine whether your case falls under one of three categories: advanced standard or complex.
Bill of Particulars
After a complaint and summons are filed, the defendants who are named in the lawsuit have twenty or thirty days to submit an Answer (although this time frame can be extended with the court's approval). Once the Answer is filed, the case moves into what is known as the discovery phase. In this period the parties exchange information in the form of written discovery demands and depositions.
At the conclusion of discovery the attorney representing the plaintiff drafts what is known as a Bill of Particulars. The document details the legal claims being made and the relief sought, usually an award of money damages. The Bill of Particulars is intended to put the defendant on notice of the specific legal claims being made, so that he or she can prepare effectively for trial.
Before a Bill of Particulars can be followed, it has to be reviewed by the court. 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 negligence that are being alleged and not include 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. In 1994, the court upheld a motion to strike any references to willful or intentional acts in a medical negligence case.
The court will also not allow a new theory to be introduced at any point in the action that is unreasonably late. To avoid negative consequences, an amendment made late to a Bill of Particulars should only be permitted if supported by an affidavit that provides a reasonable excuse for the delay in the amendment.
Physical Exam
If a defense attorney or insurance company demands that you take part in an Independent Medical Examination (IME) the first reaction might be to ask why a doctor who does not know you or your medical history and the specifics of your accident is being asked to conduct an exam. But, this type of exam is actually an obligation under Washington law, and it can be helpful in your case.
IMEs are typically performed by doctors who are employed by the insurance company of the defendant. Their aim is to provide an alternative perspective on your injuries. While they are sometimes described as "independent," these physicians, just like insurance companies have their own agendas and financial interest in reducing the amount of compensation that could be given to a victim of injury.
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 provide a copy of all relevant medical records for the doctor to examine. Your lawyer will also be present at the IME and can ensure that you are being examined fairly by ensuring that the questions of the doctor do not diverge from the ones in your medical records. You should not downplay or exaggerate the severity of your injuries to the doctors. They are trained to spot fraudulent behavior, and can make use of this information in a trial.