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What is a Personal Injury Lawsuit?

You could be entitled to compensation if you have been injured due to the actions or inactions of someone else. 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 dispute where the plaintiff seeks compensation for their loss. This includes medical bills, lost wages and property damage. The process can last from a few months to several years.

Damages

A personal injury lawsuit is a legal process that is used to compel another person, or entity to compensate you for the damages that result from an accident. The person who is injured is referred to as the plaintiff and the parties accountable are known as defendants. When someone dies as a result of inattention or negligence of others, wrongful death cases may be part of personal injury claims.

A victim's damages are typically broken down into two groups: compensatory and punitive. Compensatory damages are intended to help the victim get back on track again, including out-of-pocket expenses such as medical bills as well as compensation for suffering and pain. Punitive damages are uncommon and designed to punish the offender for extreme behavior.

The first category of damages is usually known as "economic damages." This is the term used to describe the cost of out-of-pocket expenses incurred due to the accident or injury. This could include hospital bills medical expenses, doctor's charges and physical therapy costs. Some claims may also include additional costs, like travel costs to and from appointments, or the need to modify your home to accommodate a permanent disability.

Non-economic damage can also be referred to by the term "pain and suffer" damages. These damages are harder to quantify and comprise the emotional distress and mental stress caused by accidents. Your lawyer will help you value these damages based on the severity of your injuries. This might be based on your capacity to continue enjoying the activities you used to do or the loss of your relationship with family members.

Statute of limitations

A legal principle known as the statute of limitations requires that anyone who is injured in an accident file an action before a specific date or else the claim will be dismissed. This is to protect evidence from being lost or lost in the shuffle and to stop people from drag out incident-related litigation indefinitely.

The exact duration of the time limit differs from one state another, but most personal injury lawsuits have a limit of between two and four years. However there are exceptions that may extend the time required for a victim to make a claim, and they should seek legal advice when to determine if your case falls under one of these exceptions.

The statute of limitations is only applicable to lawsuits that are filed in court. Many cases of injury are resolved through the insurance claim process and do not require a formal lawsuit filing. Even so, it is important to leave yourself plenty of time to take legal action just in case insurance negotiations do not follow the plan or there is a problem that cannot be addressed by the insurance system.

Certain circumstances can stop the clock on the statute of limitations, but they are rare and need to be evaluated on a case-by-case basis. For example the statute of limitations may not start to run until a victim has discovered or reasonably should have discovered that their injuries were caused by someone else's negligence, and in certain states, like New York, the statute of limitations is different for claims against municipalities.

Complaint

A personal injury lawsuit is filed by a victim against the person who caused the injury. It alleges that the defendant breached the duty of care, that this breach caused harm and loss to the plaintiff and that the defendant should be held accountable for the damages.

The complaint is the initial document filed in a personal injury lawsuit. It includes specific allegations regarding the incident that caused your injuries, as well as the damages you are seeking. It also includes the "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 that is a notice that they are being sued.

The defendant must respond to the complaint within specific time limits and either admit or deny the allegations made in the complaint. The defendant can also file a counterclaim or add a third party defendant to the case by naming third party defendant.

A successful personal injury lawsuit relies on solid evidence including medical documents and testimony from witnesses. We work closely together with our clients to collect all relevant information and then include it in the case. The evidence we gather will also assist us in negotiate with the defense attorneys or insurance companies to obtain the best 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 those injuries warrant financial compensation.

It's a long process, but it is at the trial that you will finally know if you will get the compensation you are entitled to. In the trial before jurors your lawyer will argue the defendant's responsibility and they will argue that they have to be held accountable for your losses. The defendant will argue that their actions are not related to the accident, which will keep them from having to pay you for your losses.

You must attend a pre-trial conference before proceeding with the trial. This is the first time your case has deadlines set by a court. This is also the time when your lawyer will discuss the case with the defense.

Preliminary conferences are typically conducted by a judicial registrar, or someone on the court's staff. All parties must attend the preliminary conference in person unless the case is handled by New York's Differentiated Case Management Rule or the Rules are otherwise exempted. If a party is unable to attend in person, the convenor can allow them to participate by phone or via the internet. If your case is scheduled to be a part of the Differentiated Case Management program, the preliminary conference will provide an opportunity to determine whether your case falls under one of the three categories that are expedited, standard, or complex.

Bill of Particulars

After the summons and complaint have been filed, defendants named in the lawsuit will be given twenty to thirty days (although this timeframe can be extended by the court). Once the Answer is filed, the case moves into what is called the discovery phase. In this period both sides exchange information in the form of written demand for discovery and depositions.

Palm Coast injury lawsuit youtube.com  for the plaintiff prepares the Bill of Particulars at the conclusion of the discovery. The document details legal claims and the relief sought - typically the award of damages in cash. The Bill of Particulars is meant to inform the defendant of the specific legal claims made, so that they can prepare for trial.

The court must look over a Bill of Particulars before it is allowed to be enforced. In general, courts will only abide by a Bill of Particulars that is not overbroad or vague. A Bill of Particulars should be limited to the specific negligence that is being asserted and should not include new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ), for example was a case in which the court concluded that the plaintiff was not negligent. 1994) the court granted a motion to strike all references to willful and intentional acts from a medical malpractice claim.

Similarly, the court will not permit the addition of a new theory of recovery at an unreasonably late point in the action. To avoid causing prejudice, a late amendment to the Bill of Particulars must be supported by an affidavit which gives a reasonable explanation of the lateness of this amendment.

Physical Exam

If a defense attorney, or an insurance company requests that you take part in an Independent Medical Examination (IME), your natural first instinct might be to ask the reason a doctor who may not know you, your medical history, and the specifics of your incident is asked to conduct an exam. This type of exam, which is required by Washington law, can be beneficial to your case.

IMEs are typically performed by doctors who are employed by the defendant’s insurance company. Their aim is to offer a different perspective on your injuries. Although they are often called "independent," these physicians as well as insurance companies have their own agendas and financial interest in cutting down on 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 ensure that you are well-informed about what to expect. They will provide copies of all relevant medical records to the doctor to look over. Your lawyer will be present during the IME to make sure that the questions asked by the doctor are consistent with your medical records. Do not underplay or exaggerate the severity of your injury to the doctors. They are trained to spot fraudulent behavior, and can utilize this information in court.