What is a Personal Injury Lawsuit? If you've been injured through the actions or inactions, you could be able to recover compensation. Contact a knowledgeable personal injury attorney to learn more about your rights. A personal injury lawsuit is civil dispute in which the plaintiff seeks compensation for their loss. This includes medical bills or lost wages, as well as property damage. The process can take several months to a few years. Damages A personal injury lawsuit is a legal action that is taken to force another person or entity to pay you for the damages that result from an accident. The plaintiff is the victim and the defendants are the parties responsible. If someone dies as a result of the carelessness or infractions committed by others In wrongful deaths, the case can be included in personal injury claims. Damages are usually classified into two categories: compensatory and punitive. Compensatory damages include medical bills, pain and suffering compensation, and other out-of-pocket expenses. Punitive damages are uncommon and designed to punish the offender for extreme behavior. This category covers all costs incurred as a result of the accident or injury. These may include hospital expenses, doctor's fees and physical therapy costs. In some instances other expenses such as the cost of travel to and from appointments, or changes to your home due to permanent disabilities may be included in a claim. Non-economic damages are also referred to by the term pain and suffer damages. These damages are difficult to quantify, and they include the emotional stress and mental stress that an accident can cause. Based on the extent of your injuries, your lawyer can help you estimate the value of the damages. This may be based on your ability to carry out the things you did before or your loss of a relationship with your 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 their claim will be dismissed by the courts. This is done to prevent evidence from being lost or lost and to stop those who delay bringing litigation related to an incident out indefinitely. The exact time frame differs from state to state however personal injury claims generally have a two- to four-year time limit. There are some exceptions to the time to file an injury claim. If you need help determining if your case falls within one of these exceptions, it is recommended to seek legal advice. One of the main facets of the statute of limitations is that it is only applicable to the filing of a lawsuit in a court. Insurance claims are typically used to resolve injury cases and do not require formal lawsuits. It is still important to give yourself enough time to bring a lawsuit in the event that insurance negotiations do not go as planned or if there is a problem which cannot be resolved through insurance. Certain circumstances may stop the clock on the statute of limitations, but these instances are very rare and have to be evaluated on an individual case-by-case basis. For example, the statute of limitations may not start running until the victim discovers or ought to have realized that their injury was caused by another person's negligent actions. 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 who caused the injury. It claims that the defendant violated their duty of care and that the breach caused harm and losses for the plaintiff. The defendant is then accountable for the damages. The complaint is the primary document that you file in a personal injury lawsuit. It includes specific allegations concerning the incident that led to your injuries as well as the damages you are seeking. The complaint also contains the prayer of relief which outlines what you would like the court to do. The complaint must be served on the defendant along with a summons that is a notice that they are being sued. After the complaint is filed, the defendant is required to file an answer to the complaint within a specific timeframe, and will either admit or deny the allegations in the complaint. The defendant may also bring a counterclaim against plaintiff or bring in a different defendant as third-party defendant. A successful personal injury lawsuit is based on solid evidence, including medical documents and testimony from witnesses. We collaborate closely with our clients to ensure that all relevant information is gathered and included in the case. The evidence we gather will also assist us in negotiate with the defense attorneys or insurance agents to get the best possible settlement offer. Preliminary Conference In a personal-injury lawsuit the lawyer for you must prove that negligence on the part of the defendant led to your accident. You must also prove that you suffered injuries due to your accident and that those injuries warrant financial compensation. This can be a long process however, the trial is when you will be able to determine if you'll receive the compensation you're entitled to. In a jury trial, your lawyer will argue that the defendant is liable and must pay you for the losses you suffered. YouTube will provide evidence that their actions are not related to the accident, which will keep them from having to pay you for your losses. You must attend a pre-trial discussion before you can proceed with the trial. This is the first time that your case has deadlines set by a court. This is also the time when your attorney will be discussing the matter with the defense. A judicial registrar, also known as an individual of the court's staff, usually conducts preliminary conferences. If the case is handled by New York's Differentiated Case Management Rule, or is otherwise exempt from the Rules All parties are required to attend in person. If a party is not able to attend in person, the convenor is able to permit them to attend via phone or online. If your case is part of the Differentiated Case Management Program, the initial meeting provides an opportunity to determine if your case falls under one of three categories namely advanced standard or complex. Bill of Particulars After the complaint and summons have been filed, the defendants named in the lawsuit will have between twenty and thirty days (although this timeframe can be extended by the court). Once the Answer is filed, the case is moved to what is known as the discovery phase. In this phase, both parties exchange information via written demands for discovery and depositions. At the conclusion of discovery The attorney for the plaintiff prepares what is known as a Bill of Particulars. This document provides the legal claims that are being made and the relief requested - typically an award of money damages. The Bill of Particulars is intended to inform the defendant notice of the specific legal claims being filed so that they can prepare effectively for trial. The court must review the Bill of Particulars before it can be complied with. In general, courts will only abide by a Bill of Particulars that is not overbroad or vague. A Bill of Particulars should be limited to the specific negligence that is being claimed and should not add new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ), for example, was a case where the court ruled that the plaintiff was not negligent. 1994) the court granted the motion to strike all references to intentional and willful acts from a medical negligence claim. In the same way, the court will not allow introduction of a new theory of recovery at an unreasonable late stage in the litigation. To avoid prejudice, a belated amendment to the Bill of Particulars should only be permitted if supported by an affidavit stating an acceptable explanation for the lateness of the amendment. Physical Exam It is possible to ask the reason why a doctor, who isn't familiar with you or your medical history and isn't familiar with the specifics of your accident, should be required to conduct a medical exam. However, this type of examination is actually required under Washington law and could be beneficial in 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 view of your injuries. Although they are sometimes referred to as independent, these physicians as well as insurance companies - have their own agenda and financial motives in cutting down on the amount of compensation that can be awarded to an injured victim. Your Orange County personal injury attorney will ensure that you are aware of what to expect from an IME and will provide an IME doctor with a copy of all relevant medical records. Your lawyer will also be present at the IME and can ensure that you are being examined in a fair manner by ensuring that the questions of the doctor do not diverge from the ones you have in your medical records. It is not advisable to downplay or exaggerate the severity of your injury to these doctors. They are trained to detect dishonesty, and could make use of this information in a trial.
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