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What is a Personal Injury Lawsuit?

You may be eligible for compensation if you have been injured due to the actions or inactions of someone else. Contact an experienced 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, including medical expenses, lost wages, property damage and other expenses. The process can last from a few months to a few years.

Damages

A personal injury lawsuit is a legal proceeding which is filed to force another individual or entity to compensate you compensation for damages caused by an accident. The plaintiff is the one who was injured, and the defendants are the ones accountable. Personal injury cases can also include cases of wrongful death when someone dies due to negligence or wrongdoing of others.

The damages a victim suffers are usually broken down into two groups which are: punitive and compensatory. Compensatory damages are meant to make the victim whole for good, including out-of-pocket costs like medical bills and compensation for pain and suffering. Punitive damages, which are rare, are meant to punish the perpetrator when they have committed a number of extreme crimes.

The first type of damages is often known as "economic damages." This includes any out-of-pocket costs resulting from the accident and injuries. This could include doctor's fees, hospital costs and physical therapy costs. Some claims may also include additional expenses, such as transportation costs to and from appointments, or modifications to your home to accommodate a permanent disability.

Non-economic damage can also be referred to by the term "pain and suffer" damages. These damages are harder to quantify and comprise the emotional distress and mental stress that an accident can cause. Your lawyer will assist you to value these damages based on the extent of your injury. This could be based on your ability to participate in activities that you were previously able to enjoy or your loss of consortium with family members.

Statute of Limitations

A legal principle known as the statute of limitation obliges anyone injured in an accident file a lawsuit before a certain date or the claim will be dismissed. This is done to prevent evidence from being lost or lost, and also to stop those who delay bringing litigation related to an incident out for an indefinite period.

The exact time limit varies from one state to another, but the majority of personal injury lawsuits have a time frame of between two and four years. There are certain exceptions to the limit for filing a claim. If you need help determining if your case falls under one of these exceptions, then it is recommended that you seek legal advice.

The statute of limitations applies only to lawsuits that are filed in the court. Insurance claims are typically used to resolve injuries and do not require formal lawsuits. Even so, it is crucial to give yourself enough time to file a lawsuit in the event that negotiations fail to go as planned or an issue arises that can't be addressed by the insurance system.

Certain circumstances may stop the clock on the statute of limitations, however they are extremely rare and have to be evaluated on a case by case basis. For injury instance the statute of limitations might not start to run until a victim has discovered or should have reasonably discovered that their injuries were caused by a negligent actions, and in some states, such as New York, the statute of limitations differs for claims against municipalities.

Complaint

A personal injury lawsuit is a civil action initiated by a victim against the person or entity that caused the injury. The plaintiff claims that the defendant breached the duty of care, and that this breach caused harm and loss to the plaintiff and that the defendant is accountable for the losses.

The first document you file with a personal injury lawsuit is known as the complaint. It contains detailed allegations about the incident that caused your injuries. It also outlines the damages you are seeking. The complaint also includes an "prayer of relief" which 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.

The defendant must respond to the complaint within specific time frames and either accept or deny all the allegations in the complaint. The defendant may also file a counterclaim, or add another defendant to the case as a third party defendant.

A successful personal injury lawsuit is based on solid evidence, such as medical records and witness testimony. We work closely with our clients to gather the relevant information and incorporate it in the case. The evidence we have will also assist us in negotiate with the defendants' attorneys injurys or insurance companies to get the best injury lawyers possible settlement offer.

Preliminary Conference

In a personal injury case the attorney for you must prove that the defendant's negligence caused your accident. You must also prove that you suffered injuries in your accident and that the injuries are worthy of the amount of financial compensation.

It can be a lengthy process however, injury the trial is where you can finally determine whether you'll get 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 provide evidence to prove that their actions were unrelated to the accident. This will prevent them from settling your losses.

Before proceeding to trial, you must attend a preliminary conference. This is typically the first time your case will have deadlines that are set by the Court itself. This is also the time when your lawyer will discuss the issue with the defense.

A judicial registrar, or an official of the court staff typically holds preliminary conferences. Unless the case is being handled in accordance with New York's Differentiated Case Management Rule, or otherwise exempted from the Rules, all parties are required to be present in person. If, however, a person is unable to attend in person, they may participate via telephone or on the internet, with the consent of the convenor. If your case will be part of the Differentiated Case Management Program, a preliminary meeting is also an opportunity to determine if your case falls into one of three categories - 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 can be extended by the court). After the Answer is filed, the case is moved into the discovery phase. In this period both sides exchange information in the form of written discovery demands and depositions.

The lawyer of the plaintiff drafts the Bill of Particulars at the end of the discovery. This document provides the legal claims 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.

The court must review a Bill of Particulars before it is allowed to be enforced. In general, a court will only accept a Bill of Particulars if it isn't vague or overly broad. A Bill of Particulars should be limited to the specific acts of negligence asserted and should not include new claims. For example, in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. 1994), the court sustained the motion to strike all references to intentional and willful acts from a medical malpractice claim.

The court will not permit a new theory to be added at an point in the case 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 that provides an acceptable explanation for the delay in the amendment.

Physical Exam

It is possible to ask why a doctor, who doesn't know you or your medical history, and isn't familiar with the details of your accident, would be required to conduct a medical exam. This type of exam is required under 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 offer a different view of your injuries. These doctors, often referred to as "independent", have their own agendas and financial interests in reducing the amount of compensation that can be given to victims of injuries.

Your Orange County personal injury attorney will ensure that you are aware of what you can expect from an IME and will give an IME doctor with a copy of all pertinent medical records. Your lawyer will also be present at the IME and will make sure that you are examined fairly by ensuring that the doctors ' questions aren't divergent from the ones in your medical records. It is important to avoid playing up or down the severity of your injuries with the doctors, since they are trained to spot fraud and could utilize this information against you in trial.