How To Explain Injury Lawsuit To Your Grandparents
What is a Personal Injury Lawsuit?
You could be entitled to compensation if have been injured due to the actions or inactions of a third party. Contact a knowledgeable personal injury lawyer to find out more about your rights.
A personal injury lawsuit is civil dispute where the plaintiff seeks compensation for their losses. This can include medical bills as well as lost wages and property damage. 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 for damages resulting from an accident. The plaintiff is the injured party and the defendants are responsible. Palmdale injury lawyer may include the wrongful death of a person who dies because of the negligence or wrongful actions of others.
Damages are usually divided into two categories: punitive and compensatory. Compensation damages are designed to help the victim get back on track and regain their financial security, which includes out-of-pocket expenses like medical bills and compensation for suffering and pain. Punitive damages, which are rare, are meant to punish the wrongdoer when they have committed a number of extreme crimes.
The first type of damages is often called "economic damages." This is the term used to describe the cost of out-of-pocket expenses incurred due to the accident and injuries. This could include hospital bills as well as doctor's fees and therapy costs. In some cases other expenses such as the cost of travelling to and from appointments, or changes 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 damages are difficult to quantify, and include the emotional stress and mental stress that an accident can cause. Your lawyer can help you evaluate these damages based upon the severity of your injury. This could be based on your ability to enjoy activities you were previously able to enjoy or the loss of your relationship with family members.
Statute of limitations
A legal rule known as the statute of limitation requires that anyone who is injured in an accident file a lawsuit before a certain date or the claim will be dismissed. This is to safeguard evidence from being lost or lost in the shuffle and to stop people from drag out litigation related to an incident for a long time.
The exact duration of time varies from state to state, but personal injury claims typically have a two- to four-year limit. There are certain exceptions to the time limit for filing a claim. If you need help to determine if your claim is one of these exceptions, then it is recommended to seek legal advice.
The statute of limitations is only applicable to lawsuits that are filed in court. Insurance claims are typically used to resolve injury cases and do not require formal lawsuits. But, it's important to allow yourself plenty of time to take legal action in the event that insurance negotiations fail to go as planned or an issue arises that can't be easily addressed through the insurance system.
Certain circumstances can stop the clock on the statute of limitations, but they are rare and need to be assessed on a case by case basis. For instance, the statute of limitations may not start running until a victim has discovered or should have reasonably discovered that their injuries were caused by another person's negligent actions. In certain states, such as New York, the statute of limitations is different for claims against municipalities.
Complaint
A personal injury lawsuit is a civil case initiated by a victim against the person or entity who caused the injury. The plaintiff claims that the defendant violated the duty of care, that the breach caused harm and loss to the plaintiff, and that the defendant should be held liable for those damages.
The complaint is the first document that you file in a personal injury case. It contains detailed allegations about the incident that led to your injuries, and the damages you are seeking. It also includes a "prayer for relief" which outlines what you want 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 made in the complaint. The defendant may also file a counterclaim, or add a third party defendant to the case by naming third party defendant.
A successful personal injury lawsuit depends on solid evidence such as medical records and testimony from witnesses. We work closely with our clients to collect all relevant information and include it in the case. The evidence we have will also assist us in negotiate with the defendants' attorneys or insurance agents to obtain the best settlement offer.
Preliminary Conference
In a personal injury lawsuit, your attorney must prove that the negligence of the defendant led to your accident. You must also prove that you suffered injuries due to your accident and that the injuries you sustained are worthy of financial compensation.
This can be a long process however, the trial is where you will be able to determine if you'll receive the compensation you deserve. In the case of a trial before jurors your lawyer will argue the defendant's liability and that they must pay for your losses. The defendant will provide evidence that their actions are unrelated to the accident, which will keep them from having to reimburse you for your losses.
You must attend a pre-trial discussion prior to proceeding with the trial. This is the first time your case will be subject to deadlines imposed by a judge. This is also the time that your attorney will discuss the case with the defense.
A judicial registrar, also known as a member of the court staff typically holds preliminary conferences. If the case is handled by the New York's Differentiated Case Management Rule, or is otherwise exempt from the Rules the parties are required to be present in person. If a party is not able to attend in person, the convenor may permit them to attend via phone or online. 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: expedited standard or complex.
Bill of Particulars
When a summons and complaint are filed, the defendants named in the lawsuit have twenty or thirty days to respond (although this deadline can be extended if the court gives approval). After the Answer is filed, the case is moved to what is called the discovery phase. In this phase both sides exchange information in the form of written demands for discovery and depositions.
At the conclusion of discovery The attorney for the plaintiff prepares what is known as a Bill of Particulars. This document outlines legal claims and the relief sought, usually an award of money damages. 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 the Bill of Particulars before it is allowed to be enforced. In general, courts will only accept a Bill of Particulars that is not vague or overly broad. A Bill of Particulars should be limited to the specific acts of negligence being asserted and should not include new claims. For instance in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. In 1994, the court upheld a motion to strike references to intentional or willful acts in a medical negligence case.
The court will not allow introduction of a new theory of recovery at an unreasonable late stage in the litigation. To avoid prejudice, any late amendment to a Bill of Particulars must be supported by an affidavit, which gives a reasonable explanation for the delay of this amendment.
Physical Exam
When a defense attorney or insurance company demands that you attend an Independent Medical Examination (IME) Your first reaction might be to ask the reason why a doctor who does not know you, your medical history, and the specifics of your incident is required to conduct an examination. This type of examination is required under Washington law, can be beneficial to your case.
IMEs are typically conducted by doctors hired by the insurer of the defendant. Their aim is to provide an alternative view of your injuries. These doctors, sometimes referred to as "independent" are able to have their own agendas and financial stakes in reducing the amount of compensation that is given to victims of injuries.
If you decide to go through an IME If you decide to undergo an IME, your Orange County personal injury lawyer will ensure that you are aware of what to expect and will provide a copy of all relevant medical records for the doctor to examine. Your lawyer will be present during the IME to make sure that the questions asked by the doctor are in line with your medical records. It is crucial to not play with the extent of your injuries with the doctors, since they are trained to recognize the deceit and may utilize this information against you at trial.