10 Tell-Tale Signals You Should Know To Find A New Injury Lawsuit
What is a Personal Injury Lawsuit?
If you've been injured through the actions or inactions, you may be able to recover compensation. Contact Colorado Springs injury lawyer to learn more about your rights.
A personal injury lawsuit is civil litigation where the plaintiff seeks compensation for their loss. This includes medical expenses, lost wages and property damage. The process can last from a few months to a few years.
Damages
A personal injury lawsuit is a legal process that is taken to compel another person, or entity, to pay you for the damages that result from an accident. The person who is injured is referred to as the plaintiff, while the parties accountable are known as defendants. Personal injury cases may include wrongful death claims when someone dies because of the negligence or wrongdoing of others.
Damages are usually divided into two categories: punitive and compensatory. Compensatory damages are intended to help the victim get back on track again, including out-of-pocket expenses such as medical expenses as well as compensation for suffering and pain. Punitive damages, which are very rare, are meant to punish the wrongdoer when they have committed a number of extreme acts.
The first category of damages is often called "economic damages." This includes all out-of-pocket expenses associated with the accident and injuries. These could include hospital bills, doctor's fees and physical therapy costs. In certain cases other expenses such as the cost of travelling to and from appointments or modifications made to your home to accommodate permanent disabilities could also be included in an insurance claim.
Non-economic damages can also be referred to by the term "pain and suffer" damages. These damages are more difficult to quantify and include the emotional stress and mental stress that accidents can cause. Your lawyer will help you value these damages based on the severity 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 principle known as the statute of limitations requires that anyone who is injured in an accident must file a lawsuit before a certain date or else their claim will be dismissed. This is to prevent evidence from being lost or forgotten, and to stop people from drag out litigation related to an incident for a long time.
The exact duration of the time limit is different from one state to another, but the majority of personal injury lawsuits have a limit of two to four years. However, there are exceptions that can prolong the time required for a victim to file their claim and they should seek legal advice when to determine whether or not your case falls under one of these 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. Many injury cases are resolved through the process of claiming insurance and do not require formal lawsuit filing. It is still essential to allow yourself sufficient time to bring a lawsuit in the event that negotiations with insurance don't go as planned, or if a problem arises which cannot be resolved through insurance.
A few circumstances can pause the clock on the statute of limitations however these cases are rare and generally need to be evaluated 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 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 brought by a victim against the person who caused the injury. The plaintiff claims that the defendant violated a duty of care, that this breach caused harm and losses to the plaintiff and that the defendant is accountable for the losses.
The first document you file with a personal injury lawsuit is called the complaint. It includes specific allegations regarding the incident that caused your injuries. It also lists the damages you're seeking. The complaint 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.
After the complaint is filed, the defendant is required to file an answer to the complaint within a specified time frame, and may either deny or admit the allegations in the complaint. The defendant may 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 documents and witness testimony. We work closely with our clients to ensure that all relevant information is collected and included in the case. The evidence we have can also assist us to negotiate with the defendants' lawyers or insurance agents to get the best possible 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 as a result of your accident, and that the injuries you sustained are worthy of financial compensation.
It's a long procedure, but it's at the trial that you will find out if you receive the damages you are entitled to. In a jury trial, your lawyer will argue that the defendant is liable and is required to compensate you for the losses you suffered. The defendant will present evidence to prove that their actions were unrelated to the accident. This will stop the defendant from paying for your losses.
You must attend a pre-trial meeting before you can proceed with the trial. This is often the first time your case will have deadlines that are set by the Court itself. This is also the time when your attorney will be discussing the issue with the defense.
A judicial registrar, also known as a member from the court staff, usually conducts preliminary conferences. All parties must attend the preliminary conference in person unless the case is handled under New York's Differentiated Case Management Rule or the Rules are otherwise exempted. If a party is unable to attend in person, the convenor may permit them to attend via phone or online. If your case is scheduled to be 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 - expedited, standard or complex.
Bill of Particulars
After the summons and complaint have been filed, defendants named in the lawsuit will be given twenty to thirty days (although this time frame is able to be extended by the court). After the Answer is filed, the case enters what is known as the discovery phase. In this phase the parties exchange information in the form of written demand for discovery and depositions.
Following 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 - typically 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 examine a Bill of Particulars before it is allowed to be enforced. 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 negligence that is being asserted and should not include new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ) for instance, was a case where the court concluded that the plaintiff had not been negligent. In 1994, the court upheld the motion to strike all references to intentional or willful actions in a medical malpractice case.
The court will not permit a new theory to be added at a point in the action that is unreasonably late. To avoid adverse consequences, a late amendment to the Bill of Particulars should only be permitted if supported by an affidavit stating a reasonable excuse for the lateness of the amendment.
Physical Examination
You might be wondering why a doctor who doesn't know you or your medical history and isn't familiar with the details of your accident, should be asked to conduct a medical examination. However, this kind of exam is actually a requirement under Washington law, and it could be beneficial in your case.
Typically, IMEs are conducted by medical doctors who are employed by the defendant's insurance company and aim to provide a different view of your injuries. These doctors, who are sometimes referred to as "independent" and have their own goals and financial interests in reducing the compensation that can be awarded to injured victims.
If you choose to undergo an IME, your Orange County personal injury lawyer will ensure that you are aware of what to expect and provide copies 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 accordance with your medical records. It is important to not play with the severity of your injuries with these doctors, as they are trained to recognize the deceit and may make use of this information against you in trial.