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What is a Personal Injury Lawsuit?

If you've been hurt due to another's actions or inactions, you may be eligible for compensation. Contact an experienced personal injury lawyer to learn more about your rights.

A personal injury lawsuit is a civil dispute where the plaintiff is seeking money to cover their losses, which include medical bills, lost wages, property damage, and other costs. The process can run between a few months and several years.

Damages

A personal injury lawsuit is an action to force another person or entity to pay you compensation for the damage caused by an accident. The party who suffered the injury is known as the plaintiff, while the parties responsible are referred to as defendants. Personal injury cases can also include cases of wrongful death when someone dies because of the negligence or wrongdoing of others.

Damages are usually divided into two categories: punitive and compensatory. Compensatory damages are meant to help the victim get back on track again, including out-of-pocket expenses like medical bills and compensation for pain and suffering. Punitive damages are uncommon and are designed to punish the wrongdoer for extreme conduct.

The first type of damages is often known as "economic damages." This covers the cost of out-of-pocket expenses incurred due to the accident or injury. These might include doctor's bills, hospital costs and physical therapy expenses. Some claims could also cover additional expenses, such as travel costs to and from appointments, or the need to modify your home to accommodate a permanent disability.

Non-economic damages can also be called "pain and suffer" damages. They are more difficult to quantify and are a result of the mental and emotional stress, anguish and suffering that an accident can cause. Your lawyer for injurys near me will assist you to determine the value of these damages based on the severity of your injury. This could be based on your capacity to continue enjoying the activities you were previously able to enjoy or your loss of consortium with family members.

Statute of Limitations

Under a legal rule called the statute of limitations, anyone who suffers an injury in an accident must make a claim within a certain time frame or the claim will be dismissed by the courts. This is done to prevent evidence from being forgotten or lost, and to prevent individuals from dragging litigation relating to incidents out indefinitely.

The exact time frame is different between states, but personal injury claims typically have a two-to four-year limit. There are certain exceptions to the time period for filing an injury lawyer near me claim. If you need help to determine if your claim is one of these exceptions, it is recommended that you seek legal advice.

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

Certain circumstances may stop the clock on the statute of limitations, however they are extremely rare and have to be assessed on a case-by-case basis. For instance, the statute of limitations might not start running until the victim discovers or ought to have realized that their injury was caused by another person's negligent actions, and in certain states, like New York, the statute of limitations is different 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 a duty of care, that the breach caused harm and losses to the plaintiff, and that the defendant is accountable for the damages.

The first document filed in a personal injury lawsuit is called the complaint. It includes specific allegations regarding the incident that led to your injuries and outlines the damages you seek. It also contains an "prayer for relief" which outlines what you want the court to do. The complaint must be served to the defendant with a summons that is a notice that they are being sued.

After the complaint is filed, the defendant is required to submit an answer to the complaint within a specific time period, and they will either admit or deny the allegations in the complaint. The defendant may also file a counterclaim or add a third party defendant to the case as a third party defendant.

A successful personal injury (conversational tone) lawsuit is built on solid evidence, which includes medical documents and witness testimony. We work closely with our clients to ensure that all relevant information is collected and included in the case. The evidence we gather will also assist us in negotiate with the defendants' lawyers or insurance agents to get the best possible settlement offer.

Preliminary Conference

In a personal injury attorneys case, your attorney must prove that the negligence of the defendant led to your accident. You must also prove you were injured in the accident and that the injuries are worth the amount of financial compensation.

This can be a long process, but the trial is when you will be able to determine if you'll receive the compensation you deserve. In a jury trial, your lawyer injury will argue that the defendant is liable and must pay you for the losses you suffered. The defendant will present evidence to show that their actions are not connected to the accident. This will stop them from settling your losses.

Before you can proceed to trial, you must attend a preliminaries conference. This is usually the first time your case will be subject to deadlines established by the Court itself. This is also when your attorney will be discussing the matter with the defense.

A judicial registrar, or an official of the court staff usually conducts preliminary conferences. Unless the case is being handled in accordance with the New York's Differentiated Case Management Rule, or is otherwise exempt from the Rules All parties are required to be present in person. If a party is unable to attend in person, the convenor can permit them to participate via phone or via the internet. 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 complicated or expedited standard.

Bill of Particulars

After the complaint and summons are filed, the defendants named in the lawsuit will have between twenty and thirty days (although this timeframe is able to be extended by the court). Once the Answer is filed, the case enters what is called the discovery phase. During this stage the parties exchange information via written discovery demands and depositions.

The plaintiff's lawyer prepares a Bill of Particulars at the end of discovery. This document outlines the legal claims being made as well as the relief requested - typically the award of damages in cash. The Bill of Particulars is intended to inform the defendant notice of the specific legal claims being filed so that he or she is able to effectively prepare for trial.

Before a Bill of Particulars can be followed, it has to be examined by the court. Generally, the court will only comply with a Bill of Particulars that is not overbroad or vague. A Bill of Particulars should be limited to the specific acts of negligence being asserted and should not include new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ), for example, was a case where the court concluded that the plaintiff had not been negligent. In 1994, the court upheld a motion to strike the reference to willful or deliberate actions in a medical malpractice case.

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

Physical Examination

If a defense attorney, or an insurance company asks you to take part in an Independent Medical Examination (IME) the first reaction could be to wonder why a doctor who does not know you or your medical history and the particulars of your injury is asked to conduct an exam. However, this kind of exam is actually an obligation under Washington law, and could be beneficial to your case.

IMEs are typically conducted by doctors employed by the insurance company of the defendant. They are there to offer a different perspective on your injuries. Although they are often called "independent," these physicians as well as insurance companies have their own agendas and financial interest in reducing the amount of compensation that may be given to a victim of injury.

If you decide to undergo an IME, your Orange County personal injury lawyer will make sure that you are well-informed about what to expect. They will provide a copy of all relevant medical records to the doctor to review. Your lawyer will be present during the IME to ensure that the questions posed by the doctor are in accordance with your medical records. You should not downplay or exaggerate the severity of your injury to these doctors. They are trained to detect fraud, and may utilize this information in court.