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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 find out more about your rights.

A personal injury lawsuit is civil litigant in which the plaintiff seeks compensation for their loss. This includes medical bills as well as lost wages and property damage. The process can take several months to a few years.

Damages

A personal injury claims lawsuit is a legal action that is taken to compel another person, or entity to compensate you compensation for damages caused by an accident. The plaintiff is the injured party and the defendants are the parties accountable. If someone dies as a result of carelessness or infractions committed by others, wrongful death cases can be included in personal injury lawsuits.

The damages a victim suffers are usually broken down into two groups: compensatory and punitive. Compensation damages can include medical bills as well as pain and loss compensation, and other out-of-pocket expenses. Punitive damages, accident which are not common and are intended to punish the perpetrator for committing extreme acts.

This category includes all expenses incurred as a result of the accident or injury. These may include hospital expenses as well as doctor's fees and therapy costs. In some cases, additional expenses like the cost of travelling to and from appointments or modifications made to your home to accommodate permanent disabilities could be included in the claim.

Non-economic damages are often referred to as "pain and suffering" damages. These damages are more difficult to quantify, and comprise the emotional distress and mental anguish that an accident can cause. Your lawyer can help you evaluate these damages based upon the severity of your injury attorneys. This could be based on your capacity to continue enjoying the activities you previously enjoyed or your loss of connection with family members.

Statute of limitations

Under a legal rule called the statute of limitations, anyone who is injured in an accident must file a lawsuit within a specific time period or their claim will be dismissed by the courts. This is to protect evidence from being lost or forgotten and to prevent people from dragging out litigation related to an incident for a long time.

The exact time limit differs from one state another, but the majority of personal injury lawsuits have a time frame of two to four years. There are certain exceptions to the time period for filing an injury claim. If you need help in determining whether your case falls within one of these exceptions, it is recommended that you seek legal advice.

One of the most important aspects of the statute of limitations is that it applies only to the filing of an action in court. Many injury attorneys cases are resolved through the process of filing an insurance claim and do not require formal lawsuit filing. It is nevertheless important to give yourself enough time to start a lawsuit in the event that insurance negotiations don't 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 cases are rare and generally need to be analyzed on an individual basis. For instance the statute of limitations might not begin to run until a victim discovered or ought to have realized that their injury was caused by another person's negligent actions. In certain states, like New York, the statute of limitations differs for claims against municipalities.

Complaint

A personal injury lawsuit is a civil case brought by an injured person against the person or entity that caused the injury. It claims that the defendant breached their duty of care, and that this breach caused harm and losses for the plaintiff. The defendant is then accountable for the damages.

The first document filed with a personal injury lawsuit is referred to as the complaint, and it includes specific allegations regarding the incident that led to your injuries. It also lists the damages you're seeking. The complaint also contains the "prayer of 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 submit an answer to the complaint within a certain timeframe, and will either admit or deny the allegations in the complaint. The defendant can also file a counterclaim or add another defendant to the case by naming a third party defendant.

A successful personal injury lawsuit relies on solid evidence including medical documents and testimony from witnesses. We work closely with our clients to gather all relevant information and include it in the case. The evidence we have will also assist us in negotiate with defense attorneys or insurance agents to get the best possible settlement offer.

Preliminary Conference

In a personal injury case, your attorney must prove that the defendant's negligence caused your accident. You must also prove that you were injured in your accident and that these injuries are worth an amount of money.

This can be a long process however, the trial is when you'll be able to decide if you'll get the damages you deserve. In a trial before the jury your lawyer will argue for the defendant's responsibility and the need to compensate you for your losses. The defendant will present evidence to prove that their actions are not connected to the accident. This will prevent the defendant from paying for your losses.

You must attend a pre-trial conference before proceeding with the trial. This is the first time your case is subject to deadlines set by a court. This is also when your attorney will be discussing the matter with the defense.

Preliminary meetings are usually held by a judicial registrar, or an individual from the court's staff. All parties must attend the initial 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 are able to participate via phone or internet with the approval of the convenor. If your case is going to be a part of the Differentiated Case Management program, an initial conference can be a chance to determine whether your case falls within one of the three categories that are expedited, standard, or accident complex.

Bill of Particulars

When a summons and complaint are filed, the defendants named in the lawsuit have twenty or thirty days to submit an Answer (although this deadline can be extended if the court gives consent). When the Answer is filed, the case is moved to what is called the discovery phase. In this period, both sides exchange information in the form of written demand for discovery and depositions.

At the conclusion of discovery, the plaintiff's attorney prepares what is known as a Bill of Particulars. 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 inform the defendant notice of the specific legal claims being made, so that he or she can effectively prepare for trial.

Before a Bill of Particulars can be followed, it must be scrutinized by the court. Generally, the court will only accept a Bill of Particulars that is not overbroad or vague. A Bill of Particulars should be limited to the specific acts of negligence claimed and should not contain new claims. For example in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. In 1994, the court upheld the motion to strike all references to intentional or willful acts in a medical malpractice case.

The court will also not permit a new theory to be introduced at a stage in the litigation that is unreasonably late. In order to avoid resultant prejudice, a belated amendment to the Bill of Particulars should only be permitted if supported by an affidavit stating an acceptable explanation for the delay in the amendment.

Physical Examination

You might be wondering the reason why a doctor, who doesn't know you or your medical history and isn't familiar with the specifics of your accident, should be asked to conduct a medical examination. This type of examination is required under Washington law, could be beneficial to your case.

Typically, IMEs are conducted by doctors medical who are hired by the insurance company of the defendant and their aim is to offer an alternative perspective to your injuries. While they are sometimes described as "independent," these physicians as well as insurance companies have their own agendas and financial motives in cutting down on the amount of compensation that could be awarded to an injured victim.

Your Orange County personal injury attorney will ensure that you understand what you can expect from an IME and will give an IME doctor with a copy of all relevant medical records. Your lawyer will be present during the IME to ensure that the questions asked by the doctor are consistent with your medical records. It is essential to avoid playing up or down the extent of your injuries with these doctors, as they are trained to recognize fraud and could make use of this information against you in trial.