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What is a Personal Injury Lawsuit?

If you've been injured through the actions or inactions, you could be able to recover compensation. To find out more about your rights under the law get in touch with a seasoned personal injury lawyer injury near me.

A personal injury lawsuit is a civil action where the plaintiff is seeking money to cover their losses, such as medical expenses, lost wages, property damage and other expenses. The process can take anywhere from several months to several years.

Damages

A personal injury lawsuit is a process to force another person or entity to pay you compensation for the damages resulting from an accident. The injured party is known as the plaintiff, while the parties accountable are known as defendants. If someone dies as the result of inattention or negligence of others the wrongful death case can be included in personal injury lawsuits.

The damages of a victim are typically broken down into two groups that are punitive and compensatory. Compensation damages are designed to make the victim whole and regain their financial security, which includes out-of-pocket expenses such as medical expenses as well as compensation for pain and suffering. Punitive damages, which are rare and are intended to punish the perpetrator for committing extreme crimes.

This category covers all costs that result from the accident or injury. These could include hospital bills, doctor's fees and physical therapy costs. In some cases other expenses such as the cost of travel to and from appointments or changes to your home to accommodate permanent disabilities can be included in an insurance claim.

Non-economic losses are often referred to as "pain and suffering" damages. They are more difficult to quantify and are a result of the emotional distress, mental anguish and suffering caused by accidents. Your lawyer will help you value these damages based on the extent of your injury. This might be based on the ability to participate in activities that you previously enjoyed or your loss of connection with family members.

Statute of Limitations

A legal requirement, known as the statute of limitations, any person who suffers injury as a result of an accident must file a lawsuit within a specific time period or else their claim will be dismissed by the courts. This is done to prevent evidence from being forgotten or lost, and to prevent those who delay bringing litigation related to an incident out for an indefinite period.

The time frame for filing a claim varies from one state to another, but most personal injury lawsuits have a time frame of two to four years. However there are exceptions that could extend the amount of time that a victim must make a claim, and they should seek legal advice when to determine whether or not their case falls into one of the exceptions.

The statute of limitations applies only to lawsuits filed in the court. Many cases of injury are resolved through the insurance claim process and do not require formal lawsuit filing. It is still important to allow yourself enough time to file a lawsuit in the event that negotiations with insurance do not go as planned or if a problem occurs that cannot be resolved with insurance.

Certain circumstances can stop the clock on the statute of limitations, but these instances are extremely rare and need to be considered on an individual case-by-case basis. For instance the statute of limitations may not begin to run until a victim discovered or should have reasonably discovered that their injury attorneys near me was caused by another person's 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 a civil case brought by an injured person against the person or entity who caused the injury. The plaintiff claims that the defendant violated the duty of care, that this breach caused harm and loss to the plaintiff, and that the defendant should be held accountable for the damages.

The first document filed in a personal injury claim lawyer lawsuit is called the complaint, and it contains detailed allegations about the incident that caused your injuries. It also lists the damages you are seeking. It also includes the "prayer for relief" which outlines what you want the court to do. The complaint and summons must be handed over to the defendant.

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 file a counterclaim, or add another defendant to the case by naming third party defendant.

A successful personal injury lawsuit is built 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 can also help us negotiate with the attorney of the defendant or insurance representatives to get the most favorable settlement offer.

Preliminary Conference

In a personal-injury lawsuit, your lawyer must prove that negligence on the part of the defendant led to your accident. You must also prove you were injured in the accident and that your injuries are worthy of financial compensation.

It can be a lengthy procedure, but it's at the trial that you will be able to determine if you get the compensation you are entitled to. In a trial before jurors the lawyer will argue that the defendant is at responsibility and they will argue that they have to compensate you for your losses. The defendant will present evidence to prove that their actions were unrelated to the accident. This will prevent them from settling your losses.

You must attend a pre-trial discussion before proceeding with the trial. This is usually the first time that your case will be subject to deadlines set by the Court itself. This is also the time when your attorney will discuss the case with the defense.

A judicial registrar, also known as a member of the court staff typically holds preliminary conferences. Unless the case is being handled under the New York's Differentiated Case Management Rule, or if it is exempted from the Rules, all participants are required to attend in person. If a party is unable to attend in person they may take part via phone or online, 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 whether your case falls within one of three categories namely expedited standard or complex.

Bill of Particulars

After the complaint and summons have been filed, the defendants named in the lawsuit will be given between twenty and thirty days (although this time frame is able to be extended by the court). Once the Answer is filed, the case enters what is known as the discovery phase. In this period, both sides exchange information in the form of written discovery demands and depositions.

The plaintiff's lawyer prepares a Bill of Particulars at the end of the discovery. This document provides the legal claims that are 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 they can prepare effectively for trial.

Before a Bill of Particulars can be followed, it has to be scrutinized by the court. In general, the court will only abide by the Bill of Particulars if it is not vague or broad. A Bill of Particulars must only include the specific acts of negligence that are being asserted and must not include new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ), for example was a case in which the court ruled that the plaintiff was not negligent. In 1994, the court upheld the motion to strike out any references to willful or intentional acts in a medical malpractice case.

The court will also not allow a new doctrine to be added at any point in the case that is unreasonably late. In order to avoid resultant prejudice, a belated amendment to the Bill of Particulars should only be allowed if accompanied by an affidavit stating a reasonable excuse for the delay in the amendment.

Physical Exam

You may question 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 exam. However, this type of exam is actually a requirement under Washington law, and could be beneficial to your case.

Typically, IMEs are conducted by doctors medical who are hired by the insurance company representing the defendant and aim to offer an alternative perspective on your injuries. These physicians, who are often referred to as "independent" and have their own agendas and financial stakes in reducing the amount of compensation which is paid to victims.

If you choose to undergo an IME, your Orange County personal injury lawyer will make sure that you are fully informed about what to expect and provide the complete set of medical records for the doctor to review. Your lawyer will be present during the IME to ensure that the questions asked by the doctor are in line with your medical records. It is important to not play up or down 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 at trial.