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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 attorney to learn more about your rights.
A personal injury lawsuit is a civil litigant in which the plaintiff seeks compensation for their losses. This can include medical bills as well as lost wages and property damage. The process can run from several months to several years.
Damages
A personal injury lawsuit is a legal proceeding that is used to compel another person, or entity, to pay you compensation for damages caused by an accident. The plaintiff is the victim, and the defendants are accountable. Personal injury cases can also include wrongful death claims when someone dies because of the negligence or wrongdoing of others.
Damages are typically classified into two categories: punitive and compensatory. Compensation damages are designed to help the victim get back on track again, including out-of-pocket expenses such as medical expenses and compensation for suffering and pain. Punitive damages, which are not common and are designed to punish the wrongdoer for committing extreme crimes.
The first category of damages is typically referred to as "economic damages." This includes all out-of-pocket expenses associated with the accident or injury. These might include doctor's bills or hospital costs, as well as physical therapy costs. Some claims could also cover additional expenses, such as travel costs to and from appointments or modifications to your home to accommodate a permanent disability.
Non-economic damages are commonly referred to as "pain and suffering" damages. These damages are harder to quantify, and they comprise the emotional distress and mental anguish caused by accidents. Your lawyer will help you value these damages based on the severity of your injury. www.youtube.com might be based on the ability to continue enjoying the activities you previously enjoyed or the loss of your relationship with family members.
Statute of Limitations
In a legal rule known as the statute of limitations, anyone who is injured in an accident must make a claim within a specified time or else their claim will be dismissed by the courts. This is done to stop evidence from being lost or lost and to stop individuals from dragging litigation relating to incidents out for an indefinite period.
The exact time frame differs between states, however, personal injury claims typically have a two-to four-year limitation. However, there are exceptions that could extend the time a victim has to submit their claim. They should seek legal advice when determining whether or not your case falls under one of the exceptions.
One of the most important aspects of the statute of limitations is that it only applies to the filing of an action in a court. Many injury cases are resolved through the process of filing an insurance claim and do not require a formal lawsuit filing. It is still essential to allow yourself sufficient time to bring a lawsuit in the event that negotiations with insurance don't go as planned, or if a problem arises that is not resolved by insurance.
Certain circumstances may stop the statute of limitations clock however these cases are very rare and have to be evaluated on an individual case-by-case basis. The statute of limitations might not start until the person realizes or should have realized that the injury was caused by someone else's negligence. In certain states, such as New York, it is different for claims made against municipalities.
Complaint
A personal injury lawsuit is brought by the victim against the person who caused the injury. It claims that the defendant breached a duty of care, that this breach caused harm and loss to the plaintiff, and that the defendant is accountable for the losses.
The complaint is the first document that you file in a personal injury case. It contains detailed allegations concerning the incident that caused your injuries, and the damages you seek. The complaint also includes a "prayer of relief" which describes 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 the allegations made in the complaint. The defendant may also bring a counterclaim against plaintiff or bring in a different defendant as a third-party defendant.
A successful personal injury lawsuit is built on solid evidence, which includes medical documents and witness testimony. We collaborate closely with our clients to ensure that all relevant information is collected and included in the case. The evidence will also assist us negotiate with the attorney of the defendant or insurance agents to obtain the best settlement offer possible.
Preliminary Conference
In a personal injury case the attorney for you must prove that the negligence of the defendant led to your accident. You must also prove that you suffered injuries due to your accident and that those injuries warrant financial compensation.
This can be a long process, but the trial is when you'll be able to decide if you'll get the damages you're entitled to. In a trial before a jury, your lawyer will argue that the defendant is liable and has to pay for the losses you suffered. The defendant will provide evidence that their actions are unrelated to the accident, which will keep them from having to compensate you for your losses.
You must attend a pre-trial discussion prior to proceeding with the trial. This is typically the first time your case will have deadlines set by the Court itself. This is also when your attorney will be discussing the case with the defense.
A judicial registrar, or an individual of the court's staff, typically holds preliminary conferences. All parties must attend the preliminary conference in person unless the case has been handled in accordance with 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 is able to permit them to attend via telephone or online. If your case is part of the Differentiated Case Management Program, an initial meeting also provides an opportunity to determine if your case falls under one of three categories - expedited standard or complex.
Bill of Particulars
When a summons and complaint are filed, the defendants identified in the lawsuit are given the option of having twenty or thirty days to submit an Answer (although this deadline may be extended if the court gives permission). After the Answer is filed, the case moves into the discovery phase. In this phase, both sides exchange information in the form of written discovery demands and depositions.
Following the conclusion of discovery, the plaintiff's attorney prepares what is called a Bill of Particulars. The document details the legal claims that are being made and the relief requested - typically the award of damages in cash. The Bill of Particulars is meant to inform the defendant of the specific legal claims that are made to help them prepare for trial.
The court must examine a Bill of Particulars before it is able to be followed. Generally, the court 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 acts of negligence 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 concluded that the plaintiff had not been negligent. 1994), the court sustained the motion to strike all references to willful and intentional actions from a medical malpractice claim.
The court will not allow a new theory to be introduced at an point in the case that is unreasonable late. To avoid prejudice, an amendment made late to the Bill of Particulars must be supported by an affidavit that gives a reasonable explanation of the tardiness of the amendment.
Physical Exam
You might be wondering why a doctor, who doesn't know you or your medical history and isn't familiar with the details of your accident, should be asked to conduct a medical examination. This type of examination, which is required by Washington law, could be beneficial to your case.
Typically, IMEs are conducted by medical doctors who are employed by the insurance company representing the defendant and their goal is to offer an alternative view of your injuries. Although they are sometimes described as "independent," these physicians - just like the insurance companies have their own agendas and financial stake in cutting down on the amount of compensation that can be granted to a victim who has been injured.
Your Orange County personal injury attorney will ensure that you are aware of what to expect from an IME and will give a copy to the doctor of all pertinent medical records. Your lawyer will be present during the IME to make sure that the questions asked by the doctor are in accordance with your medical records. It is not advisable to downplay or exaggerate the severity of your injury to these doctors. They are trained to spot dishonesty, and could use this information at trial.