How To Explain Injury Lawsuit To A 5-Year-Old
What is a Personal Injury Lawsuit?
If you have been injured through the actions or inactions, you could be able to recover compensation. To learn more about your rights under the law get in touch with a seasoned personal injury lawyer.
Oakland injury lawyers is a civil action in which the plaintiff seeks money to compensate for their losses, including medical bills, lost wages damages to property and other expenses. The process can take anywhere between a few months and several years.
Damages
A personal injury lawsuit is a process to force another person or entity to pay compensation for the damages resulting from an accident. The person who is injured is referred to as the plaintiff and the responsible parties are called defendants. Personal injury cases may include the wrongful death of a person who dies due to negligence or wrongful actions of others.
Damages are usually divided into two categories: compensatory and punitive. Compensatory damages include medical bills, pain and suffering compensation, and other out of pocket expenses. Punitive damages, which are very rare and are intended to punish the perpetrator if they have committed extreme acts.
The first category of damages is typically known as "economic damages." This is the term used to describe any out-of-pocket costs resulting from the accident or injury. These may include hospital expenses as well as doctor's fees and therapy costs. In certain cases additional expenses, such as the cost of travelling to and from appointments or modifications made to your home due to permanent disabilities could be included in the claim.
Non-economic damages are often described as "pain and suffering" damages. These are more difficult to quantify and are a result of the mental and emotional stress, anxiety and suffering that an accident can cause. Your lawyer will assist you to evaluate these damages based upon the severity of your injuries. This could be based on the ability to carry out the things you did before or your loss of consortium with your family.
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 their claim will be dismissed. This is to prevent evidence from being lost or forgotten and to stop people from drag out litigation relating to incidents for an indefinite period.
The exact length of time for filing a claim 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 that a victim must file their claim and they should seek legal advice when to determine 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 court. A majority of injuries cases are resolved through the insurance claim process and do not require a formal lawsuit filing. It is nevertheless important to allow yourself enough time to start a lawsuit in the event that insurance negotiations do not go as planned or if there is a problem which cannot be resolved through insurance.
Certain circumstances can stop the clock on the statute of limitations however, these situations are very rare and have to be considered on a case-by-case basis. For example the statute of limitations might not start to run until a victim discovered or should have reasonably discovered that their injury was caused by someone else's negligence, and in certain states, such as New York, the statute of limitations is different for claims against municipalities.
Complaint
A personal injury lawsuit is a civil suit initiated by a victim against the person or entity that caused the injury. It asserts that the defendant breached their duty of care, and that this breach caused harm and losses for the plaintiff. The defendant is held responsible for these damages.
The first document filed with a personal injury lawsuit is called the complaint, and it includes specific allegations regarding the incident that led to your injuries. It also outlines the damages you are seeking. It also contains the "prayer for relief" that outlines what you want the court to do. The summons and complaint should be delivered to the defendant.
After the complaint is filed, the defendant must file an answer to the complaint within a specific timeframe, and must either accept or deny the allegations made in the complaint. The defendant may also file a counterclaim, or add another defendant to the case by naming third party defendant.
A successful personal injury lawsuit is based on solid evidence, which includes medical documents and witness testimony. We work closely with our clients to gather all relevant information and include it in the case. The evidence will also assist us negotiate with the attorney for the defendant or insurance agents to obtain the most favorable settlement offer.
Preliminary Conference
In a personal-injury case, your lawyer must prove that negligence on the part of the defendant led to your accident. You must also prove that you were injured in the accident and that these injuries are worthy of financial compensation.
This can be a long process however, the trial is where you will be able to determine if you'll get the damages you deserve. In the trial before the jury, your lawyer will argue for the defendant's responsibility and they will argue that they have to compensate you for your losses. The defendant will provide evidence that their actions do not contribute to the accident, which will prevent them from having to compensate you for your losses.
You must attend a pre-trial discussion before you can proceed with the trial. This is the first time your case has deadlines set by a court. This is also the time that your lawyer will discuss the case with the defense.
A judicial registrar, also known as an official of the court staff typically conducts preliminary conferences. All parties must attend the preliminary conference in person unless the case is handled by New York's Differentiated Case Management Rule or the Rules are otherwise exempted. If, however, a person is unable to attend in person they may take part via phone or online, with the consent of the convenor. If your case is part of the Differentiated Case Management Program, a preliminary meeting is also an opportunity to determine if your case falls within 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 twenty to thirty days (although this timeframe may be extended by the court). After the Answer has been filed, the matter moves into what is called the discovery phase. During this stage, both parties exchange information via written discovery demands and depositions.
The plaintiff's lawyer prepares a Bill of Particulars at the conclusion of the discovery. 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 filed so that he or she can prepare effectively for trial.
Before a Bill of Particulars can be followed, it must be reviewed by the court. In general, a court will only abide by 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 asserted and not include any new claims. For instance in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. 1994), the court sustained the motion to strike references to willful and intentional acts from a medical negligence claim.
The court will also not allow a new theory to be introduced at an point in the case that is unreasonably late. In order to avoid resultant adverse consequences, a late amendment to the Bill of Particulars should only be allowed when supported by an affidavit offering an acceptable explanation for the delay in the amendment.
Physical Examination
If a defense attorney, or an insurance company requests that you take part in an Independent Medical Examination (IME) the first reaction may be to question the reason a doctor who may not know you and your medical history and the particulars of your incident is requested to conduct an exam. However, this type of examination is actually a requirement under Washington law, and can be helpful in your case.
Typically, IMEs are conducted by doctors medical who are hired by the insurance company representing the defendant and aim to provide a different perspective to your injuries. These doctors, sometimes called "independent", have their own goals and financial interests in reducing the amount of compensation which is awarded to injured victims.
Your Orange County personal injury attorney will make sure you know what to expect from an IME and will provide a copy to the doctor of all pertinent medical records. Your lawyer will also be present at the IME and will ensure that you are examined in a fair manner by ensuring that the doctors ' questions aren't divergent from the ones you have in your medical records. It is not advisable to downplay or exaggerate the severity of your injuries to these doctors. They are trained to detect dishonesty, and could use this information at trial.