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What is a Personal Injury Lawsuit?
If you have been injured through the actions or inactions, you may be entitled to compensation. To find out more about your legal rights to pursue compensation, consult a knowledgeable personal injury lawyer.
A personal injury lawsuit is a civil matter where the plaintiff is seeking compensation for their losses, which include medical expenses, lost wages, property damage and other expenses. The process can take anywhere from several months to several years.
Damages
A personal injury lawsuit is an action to compel a person or entity to pay compensation for the damage caused by an accident. The injured party is known as the plaintiff, while the responsible parties are called defendants. When someone dies as a result of the carelessness or infractions committed by others In wrongful deaths, the case may be part of personal injury lawsuits.
A victim's damages are typically divided into two categories that are punitive and compensatory. Compensatory damages include medical bills, pain and suffering compensation, and other out of pocket expenses. Punitive damages, which are rare, are meant to punish the perpetrator when they have committed a number of extreme actions.
The first category of damages is often referred to as "economic damages." This is the term used to describe the cost of out-of-pocket expenses incurred due to the accident and injuries. These could include hospital bills, doctor's fees and physical therapy costs. Some claims may also include additional expenses, such as travel costs to and from appointments or the need to modify your home 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. Fort Lauderdale injury attorneys will assist you to evaluate these damages based upon the severity of your injuries. This may be based on your capacity to perform the activities you used to or your loss in consortium with your family.
Statute of limitations
Under a legal rule called the statute of limitations, anyone who is injured in an accident must make a claim within a specific time period or the claim will be dismissed 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, but personal injury claims typically have a two-to four-year time limit. However, there are exceptions that can extend the amount of time required for a victim to file their claim and they should seek legal advice when to determine if your case falls under one of these exceptions.
The statute of limitations only applies to lawsuits filed in the court. A majority of injuries cases are resolved through the process of claiming insurance and do not require formal lawsuit filing. But, it's important to leave yourself plenty of time to pursue legal action in the event that insurance negotiations fail to follow the plan or there is a problem that cannot be easily addressed through the insurance system.
Certain circumstances may stop the clock on the statute of limitations, but they are not common and have to be considered on a case by case basis. The statute of limitation may not start until the person 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 a civil action brought by an injured person against the person or entity that caused the injury. The plaintiff claims that the defendant violated the duty of care, and that the breach caused harm and losses to the plaintiff and that the defendant should be held liable for those damages.
The first document you file with a personal injury lawsuit is called the complaint, and it includes specific allegations regarding the incident that caused your injuries. It also lists the damages you seek. The complaint also includes a "prayer of relief" that outlines what you want the court to do. The summons and complaint must be handed over to the defendant.
The defendant must respond to the complaint within certain 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 such as medical documents and testimony from witnesses. 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 help us to negotiate with the defendants' attorneys or insurance companies to negotiate the most favorable settlement offer.
Preliminary Conference
In a personal injury case the lawyer for you must prove that negligence on the part of the defendant caused your accident. You must also prove that you suffered injuries as a result of your accident, and that your injuries are a valid reason for financial compensation.
It's a long process, but it is at the trial that you'll finally know if you will receive the damages you are entitled to. In the case of a trial before jurors your 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 prevents them from having to compensate you for 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. It is also the time when your lawyer will discuss the case with the defense.
Preliminary meetings are usually held by a judicial registrar, or someone on the court's staff. All parties must attend the initial conference in person, unless the case is handled by 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 may permit them to attend via phone or via the internet. If your case will be part of the Differentiated Case Management Program, an initial meeting also provides an opportunity to determine whether your case falls into one of three categories: complicated or expedited standard.
Bill of Particulars
After a summons or complaint are filed, the defendant parties identified in the lawsuit are given either twenty or thirty days in which to file an Answer (although this time frame can be extended with the court's permission). Once the Answer is filed, the case moves into what is called the discovery phase. In this period the parties exchange information in the form of written discovery demands and depositions.
The lawyer of the plaintiff drafts the Bill of Particulars at the end of the discovery. The document details the legal claims being made as well as the relief sought, usually an award of money damages. The Bill of Particulars is intended to inform the defendant notice of the specific legal claims being made, so that he or she can effectively prepare for trial.
Before a Bill of Particulars can be followed, it has to be reviewed 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 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 instance was a case in which the court ruled that the plaintiff had not been negligent. 1994), the court sustained the motion to strike all references to intentional and willful actions from a medical malpractice claim.
In the same way, the court will not allow addition of a new theory of recovery at an unreasonable late stage in the litigation. To avoid causing prejudice, an amendment made late to the Bill of Particulars must be supported by an affidavit, which provides a reasonable explanation for the delay of this amendment.
Physical Examination
If a defense attorney or insurance company demands that you take part in an Independent Medical Examination (IME), your natural first instinct might be to ask why a doctor who does not know you and your medical history and the particulars of your incident is required to conduct an examination. However, this kind of exam is actually an obligation under Washington law, and it can be helpful 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 view of your injuries. These physicians, who are often referred to as "independent" are able to have their own goals and financial interests in reducing the amount of compensation which is awarded to injured victims.
If you decide to go through an IME, your Orange County personal injury lawyer will make sure that you are aware of what to expect and will provide copies of all relevant medical records for the doctor to examine. Your lawyer will also be present at the IME and will ensure that you are being examined with respect and courtesy by ensuring that doctors ' questions aren't divergent from those in your medical records. It is important to avoid playing up or down the extent of your injuries with these doctors, as they are trained to spot fraud and could use this information against you at trial.