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What is a Personal Injury Lawsuit?

If you've been hurt through the actions or inactions, you could be able to recover compensation. Contact an experienced personal injury attorney to learn more about your rights.

A personal injury lawyers lawsuit is a civil matter where the plaintiff is seeking compensation for their losses, including medical bills, lost wages property damage, and other costs. The process can last 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 money for damages related to an accident. The injured party is known as the plaintiff, while the parties accountable are known as defendants. When someone dies as a result of inattention or negligence of others, wrongful death cases may be part of personal injury claims.

The damages of a victim are typically divided into two categories that are 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, which are not common, are meant to punish the wrongdoer for committing extreme crimes.

The first type of damages is often referred to as "economic damages." This covers the cost of out-of-pocket expenses incurred due to the accident or injury. This could include doctor's fees as well as hospital expenses and physical therapy expenses. In some cases, additional expenses like the cost of traveling to and from appointments or modifications made to your home due to permanent disabilities may also be included in the claim.

Non-economic damages are commonly referred to as "pain and suffering" damages. These are more difficult to quantify and are a result of the mental and emotional stress, anguish and suffering caused by accidents. Depending on the severity of your injuries your lawyer can help you place a value on these damages. This could be based on the ability to do things you did before or your loss of consortium with your family.

Statute of Limitations

In a legal rule known as the statute of limitations, any person who suffers an injury claim in an accident must bring a lawsuit within a specific time period or else their claim will be dismissed by the courts. This is to stop evidence from being forgotten or lost and to stop people from dragging incident-related litigation out indefinitely.

The exact time frame differs from state to state, however, personal injury lawyer personal injury lawyer (try what he says) injury claims typically have a two- to four-year limitation. However, there are exceptions that may extend the time that a victim must make a claim, and they should seek legal advice for assistance in 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 is only applicable to the filing of an action in court. Insurance claims are usually used to resolve injury cases and do not require formal lawsuits. Even so, it is crucial to give yourself plenty of time to take legal action just in case insurance negotiations do not go as planned or an issue arises that cannot be resolved through the insurance system.

Certain circumstances can stop the clock on the statute of limitations, however they are not common and have to be assessed on a case by case basis. For example, the statute of limitations might not begin to run until a victim has discovered or should have reasonably discovered that their injuries were caused by a negligent actions, and in certain states, such as New York, the statute of limitations differs for claims against municipalities.

Complaint

A personal injury lawsuit is brought by the victim against the person who caused the injury. It claims that the defendant violated the duty of care, that the breach caused harm and losses to the plaintiff and that the defendant should be held liable for those damages.

The first document filed in a personal injury lawsuits lawsuit is called the complaint, and it contains specific details about the incident that caused your injuries. It also lists the damages you are seeking. The complaint also contains the "prayer of relief" which 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 a set of time limits and either admit or deny the allegations made in the complaint. The defendant may also make a counterclaim against the plaintiff or introduce another defendant as third-party defendant.

A successful personal injury lawsuit depends on solid evidence such as medical documents and testimony from witnesses. We work closely together with our clients to gather all relevant information and include it in the case. The evidence can also help us negotiate with the attorney of the defendant or insurance companies to negotiate the best settlement possible.

Preliminary Conference

In a personal injury lawsuit, your attorney must prove that the negligence of the defendant caused your accident. You must also prove you were injured in your accident and that these injuries are worth financial compensation.

It's a long process, but it is at the trial that you'll find out if you receive the damages you deserve. In a trial before a jury, your lawyer will argue that the defendant is accountable and must pay you for the losses you suffered. The defendant will present evidence that their actions are unrelated to the accident, which prevents them from having to compensate you for your losses.

Before proceeding to trial, you must attend a preliminary conference. This is usually the first time your case will have deadlines set by the Court itself. It is also the time when your attorney will discuss the case with the defense.

Preliminary meetings are usually held by a judicial registrar, or someone on the court's staff. If the case is handled under New York's Differentiated Case Management Rule, or if it is exempted from the Rules, all parties are required to attend in person. If, however, a person is unable to attend in person, they can participate via telephone or on the internet, with the consent of the convenor. If your case is going to be a part of the Differentiated Case Management program, an initial conference can be an opportunity to identify whether your case falls within one of the three categories which are expedited, standard or complex.

Bill of Particulars

After the complaint and summons have been filed, 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 case moves into what is called the discovery phase. During this phase both parties exchange information through written discovery demands and depositions.

At the conclusion of discovery The attorney for the plaintiff prepares what is called a Bill of Particulars. The document details legal claims and the relief sought - typically the award of damages in cash. 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 effectively prepare for trial.

Before a Bill of Particulars can be followed, it has to be scrutinized by the court. In general, a court will only be able to abide by the 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 alleged and must not include new claims. For instance, in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. In 1994, the court affirmed a motion to strike the reference to willful or deliberate acts in a medical malpractice case.

In the same way, the court will not permit the addition of a new theory of recovery at a disproportionately late point in the action. In order to avoid resultant prejudice, a belated amendment to a Bill of Particulars should only be allowed if accompanied by an affidavit that provides a reasonable excuse for the lateness of the amendment.

Physical Examination

It is possible to ask why a doctor who doesn't know you, or your medical history and is unfamiliar with the specifics of your accident, would be asked to conduct a medical exam. However, this type of exam is actually required under Washington law, and it could be beneficial to your case.

Typically, IMEs are conducted by doctors medical who are hired by the insurance company representing the defendant and their goal is to offer an alternative perspective on your injuries. These physicians, who are sometimes called "independent" are able to have their own agendas and financial stakes in reducing the compensation that can be paid to victims.

Your Orange County personal injury attorney will ensure that you understand what to expect from an IME and will provide a copy to the doctor of all relevant medical records. Your lawyer will also be present at the IME and will ensure that you are being treated with respect and courtesy by ensuring that questions of the doctor do not diverge from the ones you have in your medical records. It is essential to avoid playing with the extent of your injuries with the doctors, since they are trained to recognize fraud and could use this information against you at trial.