11 Methods To Totally Defeat Your Injury Lawsuit
What is a Personal Injury Lawsuit?
If you've been injured due to another's actions or inactions, you could be entitled to compensation. To learn more about your legal rights get in touch with a seasoned personal injury lawyer.
A personal injury lawsuit is a civil dispute where the plaintiff is seeking money to cover their losses, including medical bills, lost wages, property damage, and other costs. The process can last from several months to several years.
Damages
A personal injury lawsuit is a legal process which is filed to force another person or entity to pay you for the damages that result from an accident. The plaintiff is the victim and the defendants are the parties responsible. When someone dies as a result of inattention or negligence of others the wrongful death case may be part of personal injury claims.
Damages are usually divided into two categories: punitive and compensatory. Compensation damages are based on medical bills as well as pain and suffering compensation, and other out of pocket expenses. Punitive damages are not common and designed to punish the perpetrator for their extreme behavior.
This category covers all costs that result from the accident or injury. These may include hospital expenses as well as doctor's fees and therapy costs. In certain cases other expenses such as the cost of travel to and from appointments or changes to your home due to permanent disabilities can be included in an insurance claim.
Non-economic damages are often referred to as "pain and suffering" damages. These damages are more difficult to quantify, and include the emotional distress and mental anguish caused by accidents. Your lawyer will assist you to value these damages based on the severity of your injury. It could be based on the ability to participate in activities that you used to do or the loss of your relationship with family members.
Statute of Limitations
In a legal rule known as the statute of limitations, any person who is injured in an accident must bring a lawsuit within a specified time or else their claim will be dismissed by the courts. This is done to prevent evidence from being forgotten or lost and to stop those who delay bringing litigation related to an incident out for an indefinite period.
The exact length of time for filing a claim is different between states, but personal injury claims typically have a two-to four-year time limit. There are certain exceptions to the time period for filing an injury claim. If you need help determining if your case falls within one of these exceptions, it is best to seek legal advice.
The statute of limitations applies only to lawsuits filed in the court. Many injury cases are resolved through the process of claiming insurance and do not require formal lawsuit filing. It is important to give yourself enough time to start a lawsuit in the event that negotiations with insurance don't go as planned, or if there is a problem which cannot be resolved through insurance.
Certain circumstances can stop the statute of limitations clock however these cases are rare and generally need to be considered on a case-by-case basis. The statute of limitations might not be established until the victim realizes or should have realized that the injury resulted from someone else's negligence. In some states, such as New York, it is different for claims against municipalities.
Complaint
A personal injury lawsuit is a civil action filed by an injured party against the person or entity who caused the injury. It 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 accountable for the losses.
The first document filed with a personal injury lawsuit is referred to as the complaint, and it contains specific details about the incident that led to your injuries. It also lists the damages you're seeking. The complaint also contains the "prayer for relief" that describes what you would like the court to do. The complaint must be served on the defendant, along with a summons which is a notification that they are being sued.
The defendant must respond to the complaint within specific deadlines and either admit 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 depends on solid evidence including medical documents and testimony from witnesses. We work closely together with our clients to gather all relevant information and then include it in the case. The evidence will also assist us negotiate with the attorney of the defendant 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 led to 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.
This can be a long process, but the trial is where you'll be able to decide if you'll be awarded the damages you're entitled to. In the case of a trial before the jury, your lawyer will argue for the defendant's responsibility and the need to be held accountable for your losses. The defendant will argue that their actions do not contribute to the accident, which will prevent them from having to reimburse you for your losses.
Before you can proceed to trial, you must attend a preliminary conference. This is the first time that your case has deadlines set by a court. This is also when your attorney will discuss the matter with the defense.
Preliminary meetings are usually held by a judicial register or a member of the court's staff. All parties must attend the initial conference in person, unless the case is handled by the New York's Differentiated Case Management Rule or the Rules are exempted in other ways. If a party is not able to attend in person, the convenor can permit them to participate via phone or via the internet. If Medford injury lawyers is part of the Differentiated Case Management Program, a preliminary meeting is also an opportunity to determine whether your case falls into one of three categories namely advanced standard or complex.
Bill of Particulars
After the complaint and summons have been filed, defendants named in the lawsuit will be given between twenty and thirty days (although this deadline may be extended by the court). After the Answer is filed, the case moves into what is called the discovery phase. In this period both sides exchange information in the form of written discovery demands and depositions.
After the discovery process is concluded the attorney representing the plaintiff drafts what is called a Bill of Particulars. This document outlines the legal claims that are 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 they is able to effectively prepare for trial.
Before a Bill of Particulars can be followed, it must be reviewed by the court. Generally, the court will only comply with a Bill of Particulars that is not overbroad or vague. A Bill of Particulars should be limited to the specific acts of negligence asserted and should not include new claims. For example, in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. In 1994, the court upheld a motion to strike the reference to willful or deliberate actions in a medical malpractice case.
The court will not allow a new theory to be introduced at an point in the case that is unreasonablely late. In order to avoid resultant negative consequences, an amendment made late to the Bill of Particulars should only be allowed if accompanied by an affidavit offering an adequate explanation for the lateness of the amendment.
Physical Exam
If a defense attorney, or an insurance company demands that you take part in an Independent Medical Examination (IME), your natural first instinct could be to wonder the reason a doctor who may not know you and your medical history and the details of your accident is being asked to conduct an exam. This type of exam is required under Washington law, can be beneficial to your case.
Typically, IMEs are conducted by doctors medical who are hired by the defendant's insurance company and their aim is to offer a different perspective on your injuries. These doctors, sometimes referred to as "independent" and have their own goals and financial interests in reducing the amount of compensation that can be given to victims of injuries.
Your Orange County personal injury attorney will ensure that you understand what to expect from an IME and will give an IME doctor with a copy of all relevant medical records. Your lawyer will be present during the IME to ensure that the questions asked by the doctor are in line with your medical records. It is crucial to avoid playing up or down the extent of your injuries with these doctors, as they are trained to recognize dishonesty and may make use of this information against you at trial.
