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What is a Personal Injury Lawsuit?

If you have been injured due to another's actions or inactions, you may be entitled to compensation. To learn more about your rights under the law to pursue compensation, consult a knowledgeable personal injury lawyer.

A personal injury lawsuit is a civil action where the plaintiff is seeking money to compensate for their losses, such as medical expenses, lost wages, damages to property and other expenses. The process can last from a few months to a few years.

Damages

A personal injury lawsuit is an action to force another person or entity to pay money for damages related to an accident. The injured party is known as the plaintiff, while the parties accountable are known as defendants. Personal injury law firm cases can also include cases of wrongful death when someone dies due to the negligence or wrongdoing of others.

Damages are usually classified into two categories: compensatory and punitive. Compensatory damages are intended to make the victim whole again, including out-of-pocket expenses such as medical bills as well as compensation for pain and suffering. Punitive damages are not common and are intended to penalize the offender for extreme behavior.

This category includes all expenses incurred as a result of the injury or accident. These could include hospital bills, doctor's fees and physical therapy costs. Some claims may also include additional costs, like travel costs to and from appointments or home modifications to accommodate a permanent disability.

Non-economic damage can also be called "pain and suffer" damages. These damages are more difficult to quantify, and include the emotional distress and mental anguish that an accident can cause. Your lawyer will assist you to evaluate these damages based upon the extent of your injury. This may be based on your ability to do activities you used to or your loss of a relationship with family.

Statute of limitations

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

The exact duration of time differs from state to state however personal injury claims generally have a two- to four-year time limit. There are certain exceptions to the limit for filing claims. If you need assistance in determining whether your case is one of these exceptions, then it is recommended that you seek legal advice.

The statute of limitations only applies to lawsuits filed in the court. A majority of injuries cases are resolved through the insurance claim process and do not require a formal lawsuit filing. But, it's important to leave yourself plenty of time to take legal action in the event that insurance negotiations fail to follow the plan or there is a problem that cannot be addressed by the insurance system.

Certain circumstances can stop the clock on the statute of limitations, but these instances are rare and generally need to be evaluated on an individual case-by-case basis. For instance the statute of limitations may not start to run until a victim has discovered or should have reasonably discovered that their injuries were 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 filed by the victim against the person who caused the injury. The plaintiff claims that the defendant breached their duty of care, and that this breach resulted in loss and harm to the plaintiff. The defendant is then accountable for the damages.

The first document filed in a personal injury lawsuit is referred to as the complaint. It contains detailed allegations about the incident that caused your injuries and outlines the damages you seek. The complaint also contains an "prayer for relief" that outlines 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 a set of time limits and either admit or deny the allegations in the complaint. The defendant may also file a counterclaim or add another defendant to the case as third party defendant.

A successful personal injury lawsuit relies on solid evidence including medical records and testimony from witnesses. We work closely together with our clients to gather the relevant information and incorporate it in the case. The evidence we gather will also help us to negotiate with the defense attorneys or insurance agents to get the best injury lawyer near me possible settlement offer.

Preliminary Conference

In a personal injury case the attorney for you must prove that the negligence of the defendant led to your accident. You must also prove that you suffered injuries in your accident and that these injuries are worthy of an amount of money.

It's not an easy procedure, but it's at the trial that you'll find out if you get the compensation you are entitled to. In a jury trial your lawyer will argue that the defendant is responsible and is required to compensate you for your losses. The defendant will provide evidence that their actions are not related to the accident, which will keep them from having to reimburse you lawyers for injurys near me your losses.

You must attend a pre-trial meeting before proceeding with the trial. This is the first time that your case has deadlines set by a judge. This is also when your lawyer will discuss the matter with the defense.

Preliminary conferences are typically conducted by a judicial registrar, or someone on the court's staff. All parties must attend the preliminary conference in person, unless the case is handled in accordance with the New York's Differentiated Case Management Rule or the Rules are exempted in other ways. If a party is unable to attend in person, the convenor is able to permit them to participate via phone or via the internet. If your case is to be a part of the Differentiated Case Management program, the preliminary conference will be an opportunity to identify whether your case falls into one of the three categories that are expedited, standard, or complex.

Bill of Particulars

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

At the conclusion of discovery the attorney representing the plaintiff drafts what is known as a Bill of Particulars. This document outlines legal claims and the relief sought, usually 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 accepted, it must be scrutinized by the court. In general, courts will only abide by a Bill of Particulars that is not vague or overly 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. 1994) The court ruled in favor of the motion to strike all references to intentional and willful acts from a medical negligence claim.

The court will also not allow a new theory to be introduced at an stage in the litigation that is unreasonably late. To avoid prejudice, a late amendment to a Bill of Particulars must be supported by an affidavit, which gives a reasonable explanation for the lateness of this amendment.

Physical Examination

You might be wondering why a doctor who doesn't know you or your medical history and is unfamiliar with the specifics 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 representing the defendant and aim to offer an alternative perspective to your injuries. These doctors, who are sometimes referred to as "independent" and have their own agendas and financial interests in reducing the amount of compensation which is given to victims of injuries.

If you choose to undergo an IME, your Orange County personal injury lawyer will make sure that you are well-informed about what to expect and provide a copy of all relevant medical records to the doctor to look over. Your lawyer will be present during the IME to ensure that the questions posed by the doctor are in line with your medical records. It is important to not play around with the extent of your injuries with the doctors, since they are trained to recognize dishonesty and may make use of this information against you in trial.