What is a Personal Injury Lawsuit?
If you have been injured by another person's actions or inactions, you may be entitled to compensation. Contact an experienced personal injury lawyer to find out more about your rights.
Decatur injury lawsuit is civil litigant where the plaintiff seeks compensation for their loss. This can include medical bills as well as lost wages and property damage. The process can take several months to several years.
Damages
A personal injury lawsuit is a process to compel another person or entity to pay compensation for the damages resulting from an accident. The injured party is known as the plaintiff while the responsible parties are called defendants. Personal injury cases may include the wrongful death of a person who dies due to inattention or negligence of others.
Damages are usually divided into two categories: punitive and compensatory. Compensatory damages are intended to help the victim get back on track and regain their financial security, which includes out-of-pocket expenses such as medical expenses and compensation for suffering and pain. Punitive damages, which are rare and are intended to punish the perpetrator for committing extreme actions.
This category covers all expenses that result from the injury or accident. These may include hospital expenses medical expenses, doctor's charges and physical therapy costs. In certain cases other expenses such as the cost of travelling to and from appointments or modifications to your home due to permanent disabilities may also be included in the claim.
Non-economic damage can also be described as "pain and suffer" damages. These damages are harder to quantify, and they include the emotional stress and mental stress caused by accidents. Your lawyer can help you value these damages based on the extent of your injury. This might be based on your ability to continue enjoying the activities you previously enjoyed or your loss of connection with family members.
Statute of Limitations
A legal rule known as the statute of limitations requires that anyone who is injured in an accident file an action within a specified date or the claim will be dismissed. This is done to prevent evidence from being lost or lost and to stop those who delay bringing litigation related to an incident out indefinitely.
The exact time frame varies between states, but personal injury claims typically have a two-to four-year limit. There are certain exceptions to the limit for filing an injury claim. If you need assistance determining if your case falls within one of these exceptions, then it is recommended that you seek legal advice.
The statute of limitations applies only to lawsuits that are filed in court. Insurance claims are usually used to resolve injury cases and do not require formal lawsuits. Even so, it is important to leave yourself enough time to pursue legal action in the event that insurance negotiations do not go as planned or there is a problem that cannot be easily addressed through the insurance system.
Certain circumstances can stop the clock on the statute of limitations however these cases are very rare and have to be analyzed on an individual case-by-case basis. The statute of limitations might not begin until the victim realizes or should have realized that the injury was caused by another's negligence. In certain states, such as New York, it is different for claims made against municipalities.
Complaint
A personal injury lawsuit is filed by the victim against the person who caused the injury. It alleges that the defendant breached a duty of care, and that this breach caused harm and loss to the plaintiff, and that the defendant should be held accountable for the damages.
The complaint is the initial document filed in a personal injury lawsuit. It contains detailed allegations regarding the incident that led to your injuries, as well as the damages you seek. It also contains the "prayer for relief" that describes what you want the court to do. The complaint must be served on the defendant along with a summons, which is a notice that they are being sued.
The defendant must respond to the complaint within specific time frames and either accept or deny all the allegations contained in the complaint. The defendant may also bring a counterclaim against plaintiff or bring in a different defendant as a 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 gather all relevant information and then include it in the case. The evidence can also help us negotiate with the defendant's attorneys or insurance agents to obtain the most favorable settlement offer.
Preliminary Conference
In a personal-injury case the lawyer for you must prove that negligence on the part of the defendant caused 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.
It can be a lengthy process however, the trial is where you will be able to determine if you'll receive the compensation you're entitled to. In a jury trial, your lawyer will argue that the defendant is accountable and must pay you for your losses. The defendant will present evidence to prove that their actions are not connected to the accident. This will prevent them from settling your losses.
Before proceeding to trial, you must attend a preliminaries conference. This is usually the first time that your case will be subject to deadlines set by the Court itself. This is also the time where your attorney will discuss the case with the defense.
Preliminary conferences are usually conducted by a judicial register or a member of the court's staff. All parties must attend the initial conference in person unless the case has been handled by 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 will be part of the Differentiated Case Management Program, an initial meeting also provides an opportunity to determine if your case falls under one of three categories: expedited standard or complex.
Bill of Particulars
After the summons and complaint are filed, the defendants named in the lawsuit will have between twenty and thirty days (although this deadline can be extended by the court). After the Answer has been filed, the matter moves into the discovery phase. During this phase the parties exchange information via written demands for discovery and depositions.
The lawyer of the plaintiff drafts a Bill of Particulars at the end of discovery. This document provides the legal claims being made as well as the relief sought, usually an award of money damages. The Bill of Particulars is meant to inform the defendant of the specific legal claims that are made so that they can prepare for trial.
The court must review a Bill of Particulars before it can be complied with. In general, the court will only accept the Bill of Particulars if it isn't vague or overly broad. A Bill of Particulars must only include the specific acts of neglect that are being claimed and not include any new claims. For example, in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. In 1994, the court upheld the motion to strike out the reference to willful or deliberate acts in a medical negligence case.
In the same way, the court will not allow the addition of a new theory of recovery at an unreasonably late stage in the litigation. To avoid negative consequences, an amendment made late to the Bill of Particulars should only be permitted if supported by an affidavit stating an adequate explanation for the delay in the amendment.
Physical Exam
If a defense attorney, or an insurance company requests that you take part in an Independent Medical Examination (IME) Your first reaction might be to ask why a doctor who does not know you and your medical history and the details of your accident is being asked to conduct an exam. This type of examination, which is required by Washington law, can be beneficial to your case.
Typically, IMEs are conducted by medical doctors who are employed by the insurance company representing the defendant and their aim is to offer a different perspective on your injuries. Although they are sometimes described as "independent," these physicians as well as insurance companies have their own agendas and financial interest in cutting down on the amount of compensation that can be granted to a victim who has been injured.
If you choose to undergo an IME, your Orange County personal injury lawyer will make sure that you are well-informed about what to expect. They will provide a copy of all relevant medical records for the doctor to look over. Your lawyer will also be present at the IME and will ensure that you are being examined fairly by ensuring that the doctors questions do not deviate from the ones in your medical records. You should not downplay or exaggerate the severity of your injuries to these doctors. They are trained to detect dishonesty, and could use this information at trial.