How To Explain Injury Lawsuit To A 5-Year-Old
What is a Personal Injury Lawsuit?
If you have been injured due to another's actions or inactions, you could be able to recover compensation. Contact a knowledgeable personal injury lawyer to learn more about your rights.
A personal injury lawsuit is a civil matter where the plaintiff is seeking compensation for their losses, such as medical bills, lost wages property damage, and other costs. The process can take anywhere from a few months to several years.
Damages
A personal injury lawsuit is a legal proceeding to compel a person or entity to pay you compensation for the damages resulting from an accident. The plaintiff is the victim, and the defendants are the ones accountable. Personal injury cases can also include cases of wrongful death when someone dies due to the negligence or wrongful actions of others.
The damages a victim suffers are usually broken down into two groups which are: punitive and compensatory. Compensation damages are based on medical bills, pain and suffering compensation, and other out-of-pocket expenses. Punitive damages are rare and are designed to punish the wrongdoer for extreme conduct.
The first type of damages is typically referred to as "economic damages." This covers all out-of-pocket expenses associated with the accident and injuries. This could include doctor's fees or hospital costs, as well as physical therapy costs. In certain cases, additional expenses like the cost of travelling to and from appointments, or changes to your home to accommodate permanent disabilities could also be included in the claim.
Non-economic damages are often referred to as "pain and suffering" damages. These damages are difficult to quantify and comprise the emotional distress and mental stress that accidents can cause. Based on the severity of your injuries, your lawyer will assist you to determine the value of these damages. This may be based on your ability to carry out the things you did before or your loss in consortium with family.
Statute of Limitations
Under a legal rule called the statute of limitations, any person who suffers an injury in an accident must bring a lawsuit within a specific time period or the claim will be rejected by the courts. This is to protect evidence from being lost or lost in the shuffle and to stop people from drag out incident-related litigation indefinitely.
The exact time frame is different from state to state, however, personal injury claims typically have a two-to four-year time limit. However there are exceptions that may extend the amount of time a victim has to submit their claim. They should seek legal advice when determining whether or not their case falls within one of the exceptions.
One of the main facets of the statute of limitations is that it applies only to the filing of a lawsuit in a court. Insurance claims are usually used to resolve injuries and do not require formal lawsuits. It is still essential to allow yourself sufficient time to start a lawsuit in the event that negotiations with insurance do not go as planned or if there is a problem that cannot be resolved with insurance.
Certain circumstances may stop the clock of the statute of limitations however, these situations are extremely rare and need to be analyzed on an individual case-by-case basis. The statute of limitations may not start until the person discovers or should have known that the injury was caused by another's negligence. In some states, like New York, it is different for claims against municipalities.
Complaint
A personal injury lawsuit is a civil case filed by an injured party against the person or entity that caused the injury. It asserts that the defendant breached 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 known as the complaint. It contains specific details about the incident that led to your injuries. It also lists the damages you seek. The complaint also contains an "prayer of relief" which outlines what you want the court to do. The complaint must be served to the defendant with a summons, which is a notice that they are being sued.
After the complaint is filed, the defendant has to submit an answer to the complaint within a specific timeframe, and will either admit or deny the allegations made in the complaint. The defendant can also file a counterclaim, or add a third party defendant to the case as a third party defendant.
A successful personal injury lawsuit is built on solid evidence, such as medical records and witness testimony. We work closely together with our clients to collect all relevant information and then include it in the case. The evidence will also assist us negotiate with the defendant's attorneys or insurance agents to obtain the best settlement offer possible.
Preliminary Conference
In a personal-injury lawsuit the lawyer for you must prove that negligence on the part of the defendant caused your accident. You must be able to prove that you sustained injuries due to your accident and that those injuries warrant financial compensation.
It can be a lengthy process however, the trial is when you will be able to determine if you'll receive the compensation you deserve. In a trial before the jury your lawyer will argue for the defendant's liability and that they must be held accountable for your losses. The defendant will argue that their actions are not related 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 preliminaries conference. This is typically the first time 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.
A judicial registrar, also known as an official from the court staff, usually conducts preliminary conferences. Unless the case is handled by New York's Differentiated Case Management Rule, or is otherwise exempt from the Rules All parties are required to be present in person. If a party is not able to attend in person, the convenor can allow them to participate by phone or via the internet. If your case is to be a part of the Differentiated Case Management program, an initial conference can provide an opportunity to determine whether your case falls under one of the three classifications which are expedited, standard or complex.
Bill of Particulars
After a summons or complaint are filed, the defendant parties named in the lawsuit have twenty or thirty days to respond (although this deadline can be extended with the court's permission). After the Answer is filed, the case moves into what is called the discovery phase. In this stage 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 is a legal declaration of claims and the relief sought, usually the award of damages in cash. The Bill of Particulars is intended to inform the defendant notice of the specific legal claims being made so that he or she is able to effectively prepare for trial.
The court must look over a Bill of Particulars before it is allowed to be enforced. In general, a court will only accept a Bill of Particulars if it is not vague or broad. A Bill of Particulars must only include the specific acts of neglect that are being asserted and not include any new claims. For instance, in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. In 1994, the court upheld the motion to strike all any references to willful or intentional actions in a medical malpractice case.
The court will also not permit a new theory to be introduced at a point in the action that is unreasonable late. In Newark injury lawsuit youtube.com to avoid resultant prejudice, a belated amendment to the Bill of Particulars should only be allowed when supported by an affidavit stating an acceptable explanation for the delay in the amendment.
Physical Examination
If a defense attorney or insurance company demands that you attend an Independent Medical Examination (IME) the first reaction could be to wonder the reason a doctor who may not know you and your medical history and the specifics of your accident is being requested to conduct an exam. This type of exam is required under Washington law, could be beneficial to your case.
IMEs are usually conducted by doctors employed by the insurer of the defendant. They are there to offer a different view of your injuries. While they are sometimes described as "independent," these physicians as well as insurance companies - have their own agenda and financial interest in decreasing the amount of compensation that can be awarded to an injured victim.
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 fully informed about what to expect and will provide the complete set of medical records to the doctor to review. Your lawyer will be present during the IME to make sure that the questions asked by the doctor are consistent with your medical records. It is important to avoid playing around with the severity of your injuries to the doctors, since they are trained to spot the deceit and may utilize this information against you at trial.