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What is a Personal Injury Lawsuit?

You could be entitled to compensation if have suffered injuries due to the actions or inactions of another person. Contact a knowledgeable personal injury attorney to learn more about your rights.

A personal injury lawsuit is civil dispute where the plaintiff seeks compensation for their losses. This includes medical expenses as well as lost wages and property damage. The process can run from several months to several years.

Damages

A personal injury lawsuit is an action to compel a person or entity to pay you money for damages related to an accident. The injured party is known as the plaintiff, while the parties responsible are referred to as defendants. If someone dies as a result of inattention or negligence of others In wrongful deaths, the case may be part of personal injury lawsuits.

The damages of a victim are typically divided into two categories which are: punitive and compensatory. Compensation damages are designed to ensure that the victim is completely again, including out-of-pocket expenses such as medical expenses as well as compensation for pain and suffering. Punitive damages are not common and designed to punish the wrongdoer for extreme conduct.

The first category of damages is typically referred to as "economic damages." This covers all out-of-pocket expenses associated with the accident or injury. These could include hospital bills medical expenses, doctor's charges and physical therapy costs. In some instances additional expenses, such as the cost of travelling to and from appointments, or modifications to your home due to permanent disabilities could be included in a claim.

Non-economic losses are often called "pain and suffering" damages. These damages are more difficult to quantify, and they include the emotional stress 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 might be based on your capacity to participate in activities that you were previously able to enjoy or your loss of connection with family members.

Statute of Limitations

A legal requirement known as the statute of limitations stipulates that anyone injured in an accident should file an action within a specified date or else the claim will be dismissed. This is to protect evidence from being lost or forgotten and to stop people from drag out litigation related to an incident for a long time.

The time frame for filing a claim varies from one state to another, but the majority of personal injury lawsuits have a time limit of between two and four years. However there are exceptions that may extend the amount of time that a victim must submit their claim. They should seek legal advice when determining whether or not your case falls under one of these exceptions.

A key aspect of the statute of limitations is that it applies only to the filing of an action in court. Insurance claims are usually used to resolve injury cases and do not require formal lawsuits. It is important to allow yourself enough time to bring a lawsuit in the event that insurance negotiations aren't as smooth as you had hoped, or if there is a problem that cannot be resolved with insurance.

Certain circumstances can stop the clock on the statute of limitations however these cases are extremely rare and need to be evaluated on an individual basis. For example, the statute of limitations may not begin to run until a victim discovered or reasonably should have discovered that their injury was caused by someone else's negligence, 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 that caused the injury. It claims that the defendant violated the duty of care, and that this breach caused harm and losses to the plaintiff, and that the defendant should be held accountable for the losses.

The first document you file with a personal injury lawsuit is referred to as the complaint. It includes specific allegations regarding the incident that caused your injuries. It also lists the damages you are seeking. It also contains the "prayer for relief" that 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 specific time frames and either accept or deny all the allegations contained in the complaint. The defendant can also file a counterclaim, or add a third party defendant to the case by naming third party defendant.

A successful personal injury lawsuit depends on solid evidence including medical records and testimony from witnesses. We work closely with our clients to gather all relevant information and then include it in the case. The evidence can also help us negotiate with the defendant's attorneys or insurance representatives to get the best settlement possible.

Preliminary Conference

In a personal injury lawsuit your lawyer must demonstrate that the negligence of the defendant led to your accident. You must also prove that you were injured in the accident and that these injuries are worth financial compensation.

It can be a lengthy process, but it is at the trial that you'll find out if you get the compensation you deserve. In a trial before a jury the lawyer will argue that the defendant is at responsibility and the need to be held accountable for your losses. The defendant will present evidence that their actions do not contribute to the accident, which will prevent them from having to compensate you for your losses.

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

A judicial registrar, also known as an individual of the court's staff, usually conducts preliminary conferences. Unless the case is handled under New York's Differentiated Case Management Rule, or if it is exempted from the Rules, all parties are required to attend in person. If a party is unable to attend in person, the convenor may permit them to attend via telephone or online. If your case is scheduled to be a part of the Differentiated Case Management program, the preliminary conference will be an opportunity to identify whether your case falls within one of the three categories which are expedited, standard or complex.

Bill of Particulars

When a summons and complaint are filed, the defendants who are named in the lawsuit have either twenty or thirty days in which to submit an Answer (although this deadline may be extended if the court gives consent). When 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.

After the discovery process is concluded, the plaintiff's attorney prepares what is called a Bill of Particulars. This document provides the legal claims that are being made and the relief sought - usually the award of damages in cash. The Bill of Particulars is meant to inform the defendant of the specific legal claims made, to help them prepare for trial.

Before a Bill of Particulars can be followed, it must be reviewed by the court. In general, the court will only accept a Bill of Particulars if it is not vague or overbroad. A Bill of Particulars must only include the specific acts of neglect that are being claimed, and not add any new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ), for example was a case in which the court found that the plaintiff was not negligent. 1994) The court ruled in favor of the motion to strike references to willful and intentional acts from a medical negligence claim.

The court will not allow the introduction of a new theory of recovery at an unreasonably late stage in the case. In  Sparks injury lawsuit  to avoid resultant negative consequences, an amendment made late to the Bill of Particulars should only be allowed when supported by an affidavit stating a reasonable excuse for the lateness of the amendment.

Physical Exam

You might be wondering the reason why a doctor, who doesn't know you, or your medical history and is unfamiliar with the specifics of your accident, should be required to conduct a medical examination. However, this kind of exam 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 defendant's insurance company and their goal is to offer a different view of your injuries. Although they are sometimes described as "independent," these physicians as well as insurance companies have their own agendas and financial stake in decreasing the amount of compensation that can be granted to a victim who has been injured.

Your Orange County personal injury attorney will make sure you know what you can expect from an IME and will give an IME doctor with a copy of the relevant medical records. Your lawyer will be present during the IME to make sure that the questions asked by the doctor are in line with your medical records. It is not advisable to downplay or exaggerate the severity of your injuries to these doctors. They are trained to spot dishonesty, and could use this information at trial.