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What is a Personal Injury Lawsuit?
You could be entitled to compensation if were injured as a result of the actions or inactions of another person. To find out more about your legal rights get in touch with a seasoned personal injury lawyer.
A personal injury lawsuit is a civil dispute in which the plaintiff seeks compensation for their losses. This includes medical expenses or lost wages, as well as property damage. The process can take several months to several years.
Damages
A personal injury lawsuit is a legal process which is filed to force another individual or entity to compensate you compensation for damages caused by an accident. The person who is injured is referred to as the plaintiff, while the parties responsible are referred to as defendants. When someone dies as a result of inattention or negligence of others the wrongful death case may be part of personal injury claims.
Damages are usually divided into two categories: punitive and compensatory. 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 expenses incurred as a result of the injury or accident. This could include doctor's fees as well as hospital expenses and physical therapy costs. Some claims could also cover additional expenses, such as travel costs to and from appointments or home modifications to accommodate a permanent disability.
Non-economic damages are also referred to by the term "pain and suffer" damages. These are more difficult to quantify and are a result of the mental and emotional stress, anxiety and suffering that an accident can cause. Your lawyer can help you evaluate these damages based upon the severity of your injury. This could be based on your capacity to participate in activities that you were previously able to enjoy or the loss of your relationship with family members.
Statute of Limitations
A legal requirement, known as the statute of limitations, any person who is injured in an accident must file a lawsuit within a certain time frame or their claim will be rejected by the courts. This is to prevent evidence from being lost or forgotten and to prevent people from dragging out litigation relating to incidents for an indefinite period.
The time frame for filing a claim varies from one state to another, but the majority of personal injury lawsuits have a time frame of two to four years. However there are exceptions that can extend the time that a victim must make a claim, and they should seek legal advice for assistance in determining whether or not their case falls into one of the exceptions.
One of the main facets of the statute of limitations is that it applies only to the filing of a lawsuit in court. Insurance claims are typically used to resolve injuries and do not require formal lawsuits. However, it is crucial to give yourself enough time to take legal action in the event that negotiations fail to take place as planned or if there is a problem that cannot be resolved through the insurance system.
A few circumstances can pause the clock on the statute of limitations however these cases are rare and generally need to be analyzed on an individual case-by-case basis. For instance the statute of limitations may not begin to run until a victim has discovered or reasonably should have discovered that their injury was caused by someone else's negligent actions, and in certain states, such as New York, the statute of limitations is different for claims 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 a duty of care, that the breach caused harm and losses to the plaintiff and that the defendant should be held liable for those damages.
The first document filed in a personal injury lawsuit is called the complaint, and it includes specific allegations regarding the incident that led to your injuries. It also outlines the damages you're seeking. The complaint also contains an "prayer of relief" which 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 a set of deadlines and either admit or deny the allegations contained in the complaint. The defendant can also file a counterclaim or add another defendant to the case as third party defendant.
A successful personal injury lawsuit is based on solid evidence, including medical records and testimony from witnesses. We work closely with our clients to ensure that all relevant information is gathered and included in the case. The evidence will also help us negotiate with the defendant's attorneys or insurance agents to obtain the most favorable settlement offer.
Preliminary Conference
In a personal injury case your lawyer must show that negligence on the part of the defendant caused your accident. You must also prove that you were injured in your accident and that your injuries are worth financial compensation.
It can be a lengthy process, but the trial is when you will be able to determine if you'll get the damages you deserve. In the trial before a jury the lawyer will argue for the defendant's liability and that they must compensate 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.
You must attend a pre-trial conference prior to proceeding with the trial. Asheville injury lawyers You Tube is usually the first time your case will have deadlines established by the Court itself. This is also the time that your lawyer will discuss the case with the defense.
A judicial registrar, or an individual of the court's staff, typically conducts preliminary conferences. All participants must attend the preliminary conference in person unless the case is handled in accordance with New York's Differentiated Case Management Rule or the Rules are exempted in other ways. If a party cannot attend in person, they may participate via phone or internet with the approval of the convenor. If your case is 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 - expedited standard or complex.
Bill of Particulars
After a complaint and summons are filed, the defendant parties named in the lawsuit have either twenty or thirty days in which to respond (although this deadline may be extended with the court's consent). After the Answer is filed, the case enters what is called the discovery phase. During this stage the parties exchange information through written demands for discovery and depositions.
After the discovery process is concluded The attorney for the plaintiff prepares what is called a Bill of Particulars. This document provides the legal claims 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 being made, to help them prepare for trial.
The court must examine the Bill of Particulars before it is able to be followed. Generally, the court will only accept a Bill of Particulars that is not vague or overly broad. A Bill of Particulars should be limited to the specific acts of negligence 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 found that the plaintiff had not been negligent. In 1994, the court upheld the motion to strike out references to intentional or willful acts in a medical malpractice case.
The court will not permit a new theory to be added at an point in the case that is unreasonable late. To avoid causing prejudice, an amendment made late to the Bill of Particulars must be supported by an affidavit that gives a reasonable explanation for the tardiness of the amendment.
Physical Examination
You might be wondering 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 asked to conduct a medical exam. This type of exam is required by Washington law, could be beneficial to your case.
IMEs are typically conducted by doctors hired by the defendant’s insurance company. Their aim is to provide an alternative perspective on your injuries. Although they are often called "independent," these physicians, just like insurance companies have their own agendas and financial stake in reducing the amount of compensation that may be granted to a victim who has been injured.
If you decide to go through an IME If you decide to undergo an IME, your Orange County personal injury lawyer will make sure that you are fully informed about what to expect. They will provide a copy of all relevant medical records for the doctor to look over. Your lawyer will also be present at the IME and will ensure that you are being examined with respect and courtesy by ensuring that questions of the doctor do not diverge from the ones in your medical records. It is essential to not play up or down the extent of your injuries with the doctors, since they are trained to spot dishonesty and may use this information against you at trial.