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What is a Personal Injury Lawsuit?
You could be entitled to compensation if have been injured due to the actions or inactions of a third party. To find out more about your legal rights, contact an experienced personal injury lawyer.
A personal injury lawsuit is a civil matter where the plaintiff is seeking compensation for their losses, such as medical bills, lost wages, property damage and other expenses. The process can last from several months to several years.
Damages
A personal injury lawsuit is a legal process that is used to force another person or entity to pay you for damages resulting from an accident. The plaintiff is the injured party, and the defendants are accountable. If someone dies as the result of carelessness or infractions committed by others, wrongful death cases may be part of personal injury lawsuits.
The damages a victim suffers are usually divided into two categories: compensatory and punitive. Compensation damages can include medical bills, pain and suffering compensation and other out-of pocket expenses. Punitive damages are uncommon and are intended to penalize the perpetrator for their extreme behavior.
This category covers all costs caused by the accident or injury. These could include hospital bills as well as doctor's fees and therapy costs. In certain cases other expenses such as the cost of travel to and from appointments or modifications made to your home to accommodate permanent disabilities may be included in the claim.
Non-economic damage can also be described as "pain and suffer" damages. They are more difficult to quantify and include the emotional distress, mental anxiety and suffering caused by accidents. Your lawyer can help you evaluate these damages based upon the extent of your injury. This could be based on the ability to do activities you used to or your loss of a relationship with family.
Statute of limitations
A legal rule known as the statute of limitations stipulates that anyone injured in an accident must file an action within a specified date or the claim will be dismissed. 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 a long time.
The exact time frame varies between states, but personal injury claims typically have a two-to four-year time limit. There are certain exceptions to the time to file a claim. If you need assistance to determine if your claim falls within one of these exceptions, it is recommended that you seek legal advice.
One of the main facets of the statute of limitations is that it only applies to the filing of an action in a court. Insurance claims are often used to settle injury cases and do not require formal lawsuits. It is important to give yourself enough time to bring a lawsuit in the event that negotiations with insurance do not go as planned or if a problem occurs which cannot be resolved through insurance.
Some circumstances can pause the clock on the statute of limitations, however they are extremely rare and have to be considered on a case by case basis. For instance, the statute of limitations might not start to run until the victim discovers or reasonably should have discovered that their injury was caused by a negligence, and in some states, such as New York, the statute of limitations is different for claims against municipalities.
Complaint
A personal injury lawsuit is a civil suit initiated by a victim against the person or entity that caused the injury. It alleges that the defendant breached a duty of care, that the breach caused harm and losses to the plaintiff and that the defendant is accountable for the losses.
The first document filed with a personal injury lawsuit is called the complaint. It includes specific allegations regarding the incident that led to your injuries and outlines the damages you are seeking. It also contains a "prayer for relief" that describes what you would like the court to do. The summons and complaint must be handed over to the defendant.
After the complaint is filed, the defendant must file an answer to the complaint within a certain time frame, and will either admit or deny the allegations in the complaint. The defendant may also file a counterclaim, or add a third party defendant to the case by naming third party defendant.
A successful personal injury lawsuit is based on solid evidence such as medical records and testimony from witnesses. We work closely with our clients to collect all relevant information and then include it in the case. The evidence we collect can also assist us to negotiate with defense attorneys or insurance agents to obtain the best settlement offer.
Preliminary Conference
In a personal injury case the attorney for you must prove that the negligence of the defendant caused your accident. You must also prove that you were injured in your accident and that the injuries are worth an amount of money.
It's not an easy process, but it's at the trial that you'll finally know if you will receive the damages you are entitled to. In the trial before jurors, your lawyer will argue that the defendant is at liability and that they must compensate you for your losses. The defendant will provide evidence to show that their actions were not related to the accident. This will prevent them from paying you for your losses.
You must attend a pre-trial discussion before proceeding with the trial. This is the first time your case has deadlines set by a judge. It is also the time when your attorney will discuss the case with the defense.
A judicial registrar, also known as an official of the court's staff, typically holds preliminary conferences. If the case is handled under the 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 unable to attend in person, the convenor is able to permit them to attend via telephone or online. If your case is going to be a part of the Differentiated Case Management program, a preliminary conference will also be a chance to determine whether your case falls within one of the three classifications that are expedited, standard, or complex.
Bill of Particulars
After the summons and complaint have been filed, defendants named in the lawsuit will have twenty to thirty days (although this deadline is able to be extended by the court). When the Answer is filed, the case enters what is called the discovery phase. In this period, both sides exchange information in the form of written discovery demands and depositions.
The lawyer of the plaintiff drafts a Bill of Particulars at the conclusion of the discovery. The document details legal claims 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 that are made to help them prepare for trial.
The court must examine a Bill of Particulars before it can be complied with. Generally speaking, the court will only accept a Bill of Particulars that is not vague or broad. A Bill of Particulars must only include the specific acts of negligence that are being claimed and must not include new claims. For instance in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. 1994) The court ruled in favor of the motion to strike all references to intentional and willful acts from a medical negligence claim.
The court will also not allow a new doctrine to be added at a stage in the litigation that is unreasonably late. To avoid causing prejudice an amendment made late to a Bill of Particulars must be supported by an affidavit which gives a reasonable explanation for the lateness of this amendment.
Physical Examination
If a defense attorney, or an insurance company requests that you attend an Independent Medical Examination (IME) Your first reaction could be to wonder the reason a doctor who may not know you or your medical history and the details of your injury is required to conduct an examination. But, Folsom injury attorney of exam is actually a requirement under Washington law, and can be helpful in your case.
IMEs are usually performed by doctors who are employed by the defendant’s insurance company. Their goal is to offer a different perspective on your injuries. These doctors, who are often referred to as "independent" are able to have their own goals and financial interests in reducing the amount of compensation that is paid to victims.
If you decide to undergo an IME the Orange County personal injury lawyer will make sure that you are well-informed about what to expect. They will provide the complete set of medical records to the doctor to examine. Your lawyer will also be present at the IME and can ensure that you are being examined fairly by ensuring that the doctors questions do not deviate from those in your medical records. Do not underplay or exaggerate the severity of your injury to these doctors. They are trained to detect dishonesty, and could utilize this information in court.