The No. #1 Question That Everyone In Injury Lawsuit Needs To Know How To Answer
What is Hammond injury lawyers ?
If you have been injured due to another's actions or inactions, you may be entitled to compensation. Contact a seasoned personal injury lawyer to learn more about your rights.
A personal injury lawsuit is a civil action in which the plaintiff seeks money to compensate for their losses, which include medical expenses, lost wages, property damage and other expenses. The process can take anywhere from several months to several years.
Damages
A personal injury lawsuit is a process to compel another person or entity to pay you compensation for the damages resulting from an accident. The plaintiff is the injured party, and the defendants are the parties accountable. If someone dies as a result of the carelessness or infractions committed by others the wrongful death case may be part of personal injury claims.
Damages are usually classified into two categories: compensatory and punitive. Compensatory damages include medical bills as well as pain and loss compensation, and other out of pocket expenses. Punitive damages are rare and designed to punish the offender for extreme behavior.
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. This could include hospital bills, doctor's fees and physical therapy costs. Certain claims could also include additional costs, like transportation costs to and from appointments, or home modifications to accommodate a permanent disability.
Non-economic damages are commonly described as "pain and suffering" damages. These damages are more difficult to quantify, and include the emotional distress and mental stress caused by accidents. Your lawyer will help you value these damages based on the severity of your injury. This could be based on the capacity to perform the things you did before or your loss of consortium with your family.
Statute of Limitations
A legal requirement, known as the statute of limitations, anyone who suffers injury as a result of an accident must file a lawsuit within a specified time or else their claim will be rejected by the courts. This is to safeguard evidence from being lost or lost in the shuffle and to prevent people from dragging out incident-related litigation indefinitely.
The exact time frame is different from state to state however personal injury claims generally have a two- to four-year time limit. However there are exceptions that can extend the amount of time a victim has to file their claim and they should seek legal advice for help to determine whether or not their case falls within one of these exceptions.
One of the main facets of the statute of limitations is that it is only applicable to the filing of an action in court. Insurance claims are typically used to resolve injuries and do not require formal lawsuits. Even so, it is important to allow yourself enough time to pursue legal action in the event that insurance negotiations do not take place as planned or if an issue arises that cannot be easily addressed through the insurance system.
Some circumstances can pause the clock on the statute of limitations, but they are extremely rare and have to be considered on a case-by-case basis. The statute of limitations may not begin until the victim realizes or should have realized that the injury resulted from someone else's negligence. In some states, like New York, it is different for claims against municipalities.
Complaint
A personal injury lawsuit is a civil suit brought by an injured person against the person or entity who caused the injury. It asserts that the defendant violated their duty of care, and that this breach resulted in harm and losses for the plaintiff. The defendant is then accountable for the damages.
The complaint is the first document that you file in a personal injury case. It provides detailed details concerning the incident that caused your injuries and the damages you seek. The complaint also contains a "prayer of relief" which describes 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 a set of time frames and either accept or deny all the allegations contained in the complaint. The defendant can also file a counterclaim, or add another defendant to the case as third party defendant.
A successful personal injury lawsuit relies on solid evidence including medical documents and testimony from witnesses. We work closely together with our clients to gather the relevant information and incorporate it in the case. The evidence can also help us negotiate with the defendant's attorneys or insurance companies to negotiate the best settlement offer possible.
Preliminary Conference
In a personal injury case, your attorney must prove that the negligence of the defendant caused your accident. You must be able to prove that you sustained injuries as a result of your accident, and that those injuries warrant financial compensation.
This could be a long process however, the trial is where you'll be able to decide if you'll get the damages you deserve. In a jury trial your lawyer will argue that the defendant is responsible and is required to compensate you for the losses you suffered. 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.
You must attend a pre-trial discussion before you can proceed with the trial. This is the first time that your case will be subject to deadlines imposed by a court. This is also the time when your lawyer will discuss the matter with the defense.
Preliminary meetings are usually held by a judicial registrar, or a member of the court's staff. If the case is handled under the New York's Differentiated Case Management Rule, or is otherwise exempt from the Rules, all parties are required to attend in person. If a person is unable to attend in person, the convenor may allow them to participate by phone or online. If your case is to be part of the Differentiated Case Management program, a preliminary conference will also provide an opportunity to determine whether your case falls under one of the three classifications - expedited, standard or complex.
Bill of Particulars
After the complaint and summons are filed, the defendants named in the lawsuit will be given between twenty and thirty days (although this time frame is able to be extended by the court). Once the Answer is filed, the case is moved into what is called the discovery phase. In this period, both sides exchange information in the form of written demand for discovery and depositions.
Following the conclusion of discovery, the plaintiff's attorney prepares what is called a Bill of Particulars. The document is a legal declaration of claims 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 has to be examined by the court. In general, the court will only accept a Bill of Particulars if it isn't vague or overly broad. A Bill of Particulars must only include the specific acts of negligence that are being alleged and must not include new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ), for example, was a case where the court found that the plaintiff had not been negligent. 1994) the court granted a motion to strike all references to intentional and willful acts from a medical negligence claim.
In the same way, the court will not allow introduction of a new theory of recovery at an unreasonably late point in the action. To avoid causing prejudice an amendment made late to a Bill of Particulars must be supported by an affidavit which provides a reasonable explanation for the delay of this amendment.
Physical Examination
If a defense attorney, or an insurance company asks you to take part in an Independent Medical Examination (IME), your natural first instinct might be to ask why a doctor who does not know you and your medical history and the specifics of your accident is being required to conduct an examination. This type of exam is required by Washington law, can be beneficial to your case.
Typically, IMEs are conducted by doctors medical who are hired by the insurance company of the defendant and their goal is to provide a different perspective on your injuries. Although they are sometimes described as "independent," these physicians - just like the insurance companies have their own agendas and financial stake in reducing the amount of compensation that may be granted to a victim who has been injured.
If you choose to undergo an IME, your Orange County personal injury lawyer will ensure that you are well-informed about what to expect. They will provide a copy of all relevant medical records to the doctor to look over. Your lawyer will also be present at the IME and will make sure that you are examined in a fair manner by ensuring that the questions of the doctor do not diverge from the ones in your medical records. It is essential to avoid playing around with the severity of your injuries with the doctors, since they are trained to spot the deceit and may utilize this information against you at trial.