What is a Personal Injury Lawsuit? If you've been hurt due to another's actions or inactions, you may be able to recover compensation. To find out more about your rights under the law to pursue compensation, consult a knowledgeable personal injury lawyer. A personal injury lawsuit is a civil litigant where the plaintiff seeks compensation for their losses. This can include medical bills as well as lost wages and property damage. The process can take anywhere from several months to a few years. Damages A personal injury lawsuit is an action to compel a person or entity to pay compensation for the damages resulting from an accident. The plaintiff is the victim, and the defendants are the parties responsible. Personal injury cases can include the wrongful death of a person who dies due to the inattention or negligence of others. The damages a victim suffers are usually divided into two categories that are punitive and compensatory. Compensatory damages are intended to ensure that the victim is completely again, including out-of-pocket expenses such as medical bills and compensation for suffering and pain. Punitive damages are rare and are designed to punish the wrongdoer for extreme conduct. The first type of damages is typically called economic damages. This includes all out-of-pocket expenses associated with the accident or injury. This could include doctor's fees, hospital costs and physical therapy costs. Certain claims could also include additional costs, like the cost of travel to and from appointments or the need to modify your home to accommodate a permanent disability. Non-economic damage can also be described as pain and suffer damages. These are more difficult to quantify and include the mental and emotional stress, anguish and suffering that accidents can cause. Your lawyer will assist you to determine the value of these damages based on the severity of your injuries. This could be based on the capacity to perform the activities you used to or your loss of consortium with family. Statute of Limitations A legal requirement, known as the statute of limitations, anyone who suffers injury as a result of an accident must make a claim within a specified time or the claim will be rejected by the courts. This is done to stop evidence from being lost or lost, and to prevent those who delay bringing litigation related to an incident out for an indefinite period. The exact duration of the time limit is different from one state to another, but the majority of personal injury claims have a time frame of between two and four years. There are certain exceptions to the time to file an injury claim. If you need help to determine if your claim falls within one of these exceptions, then 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. But, it's crucial to give yourself plenty of time to file a lawsuit just in case insurance negotiations fail to go as planned or an issue arises that can't be resolved through the insurance system. Certain circumstances can stop the clock on the statute of limitations, however they are rare and need to be considered on a case-by case basis. accident injury law firm of limitations may not begin until the victim is aware or should have known that the injury was caused by another's negligence. In some states, like New York, it is different for claims that are made against municipalities. Complaint A personal injury lawsuit is brought by the victim against the person who caused the injury. It alleges that the defendant violated the duty of care, that the breach caused harm and losses to the plaintiff, and that the defendant should be held accountable for the damages. The first document filed in a personal injury lawsuit is known as the complaint, and it contains detailed allegations about the incident that led to your injuries. It also lists the damages you seek. It also includes an prayer for relief that describes what you would like 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 specific time frames and either accept or deny the allegations contained in the complaint. The defendant may also file a counterclaim or add a third party defendant to the case 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 collected and included in the case. The evidence will also help us negotiate with the attorney for the defendant or insurance agents to obtain the best settlement offer possible. Preliminary Conference In a personal-injury case, your lawyer must prove that negligence on the part of the defendant caused your accident. You must also prove that you suffered injuries in your accident and that the injuries are worthy of the amount of financial compensation. It can be a lengthy process, but the trial is where you'll be able to decide if you'll receive the compensation you're entitled to. In a jury trial, your lawyer will argue that the defendant is accountable and must pay you for your losses. The defendant will provide evidence that their actions are unrelated to the accident, which will keep them from having to reimburse you for your losses. Before proceeding to trial, you must attend a preliminary conference. This is usually the first time that your case will be subject to deadlines established by the Court itself. This is also the time when your attorney will discuss the case with the defense. A judicial registrar, or an official of the court's staff, usually conducts preliminary conferences. Unless the case is being handled by New York's Differentiated Case Management Rule, or otherwise exempted from the Rules All parties are required to attend in person. If a party is not able to attend in person, the convenor may permit them to attend via phone or online. If your case is scheduled to be 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 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 file an Answer (although this time frame can be extended if the court gives permission). Once the Answer is filed, the case moves into what is known as the discovery phase. In this stage, both parties exchange information through written demands for discovery and depositions. The lawyer for the plaintiff prepares the Bill of Particulars at the end of discovery. The document is a legal declaration of claims and the relief sought - typically an award of money damages. The Bill of Particulars is meant to inform the defendant of the specific legal claims that are made to help them prepare for trial. Before a Bill of Particulars can be accepted, it must be reviewed by the court. Generally speaking, the court will only accept a Bill of Particulars that is not vague or broad. A Bill of Particulars should be limited to the specific acts of negligence claimed and should not contain new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ), for example was a case where the court ruled that the plaintiff had not been negligent. 1994), the court sustained a motion to strike all references to intentional and willful acts from a medical malpractice claim. In the same way, the court will not allow the introduction of a new theory of recovery at an unreasonable late point in the action. In order to avoid resultant negative consequences, an amendment made late to a Bill of Particulars should only be allowed when supported by an affidavit that provides a reasonable excuse for the lateness of the amendment. Physical Examination If a defense attorney or insurance company requests that you take part in an Independent Medical Examination (IME), your natural first instinct may be to question why a doctor who does not know you and your medical history and the particulars of your accident is being required to conduct an examination. This type of exam, which is required by Washington law, can be beneficial to your case. Typically, IMEs are conducted by medical doctors who are employed by the insurance company of the defendant and aim to offer a different view of your injuries. Although they are often described as independent, these physicians as well as insurance companies - have their own agenda and financial stake in reducing the amount of compensation that may be awarded to an injured victim. Your Orange County personal injury attorney will ensure that you understand what you can expect from an IME and will give the doctor with a copy of all relevant medical records. Your lawyer will also be present at the IME and will ensure that you are being treated in a fair manner by ensuring that the doctors questions do not deviate from the ones in your medical records. It is crucial to not play up or down the extent of your injuries with these doctors, as they are trained to spot dishonesty and may utilize this information against you at trial.
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