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How To Explain Injury Lawsuit To A Five-Year-Old
What is a Personal Injury Lawsuit?

You may be eligible for compensation if you have been injured due to the actions or inactions of another person. To learn more about your rights under the law get in touch with a seasoned personal injury lawyer.

A personal injury lawsuit is a civil action where the plaintiff is seeking money to compensate for their losses, which include medical expenses, lost wages, damages to property and other expenses. The process can take anywhere from a few months to several years.

Damages

A personal injury lawsuit is an action to compel a person or entity to pay you compensation for the damage caused by an accident. The party who suffered the injury is known as the plaintiff while the parties responsible are referred to as defendants. If someone dies as a result of carelessness or infractions committed by others, wrongful death cases can be included in personal injury lawsuits.

The damages a victim suffers are usually broken down into two groups which are: punitive and compensatory. Compensatory damages include medical bills as well as pain and loss compensation, and other out of pocket expenses. Punitive damages are uncommon and designed to punish the wrongdoer for extreme conduct.

The first category of damages is typically referred to as "economic damages." This is the term used to describe all out-of-pocket expenses associated with the accident or injury. This could include hospital bills as well as doctor's fees and therapy costs. Some claims may also include additional costs, like travel costs to and from appointments, or home modifications to accommodate a permanent disability.

Non-economic losses are often referred to as "pain and suffering" damages. These damages are harder to quantify, and they comprise the emotional distress and mental anguish that an accident can cause. Your lawyer will assist you to value these damages based on the extent of your injury. It could be based on your ability to enjoy activities you used to do or the loss of your relationship with family members.

see post of Limitations

Under a legal rule called the statute of limitations, any person who suffers injury as a result of an accident must bring a lawsuit within a specific time period or the claim will be rejected by the courts. This is done to stop evidence from being forgotten or lost and to stop people from dragging incident-related litigation out for a long time.

The exact length of time for filing a claim differs from state to state however, personal injury claims typically have a two- to four-year time limit. There are some exceptions to the time to file claims. If you require assistance in determining whether your case falls under one of these exceptions, then it is recommended that you seek legal advice.

One of the most important aspects of the statute of limitations is that it only applies to the filing of an action in court. Insurance claims are often used to resolve injury cases and do not require formal lawsuits. But, it's important to allow yourself enough time to pursue 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.

Certain circumstances can stop the clock on the statute of limitations, but these instances are very rare and have to be evaluated on a case-by-case basis. The statute of limitations may not begin until the victim is aware or should have known that the injury was caused by another's negligence. In certain states, such as New York, it is different for claims made against municipalities.

Complaint

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

The first document filed in a personal injury lawsuit is known as the complaint, and it contains specific details about the incident that caused your injuries. It also outlines the damages you seek. The complaint also includes an "prayer of relief" which describes what you want the court to do. The summons and complaint should be given to the defendant.

After the complaint is filed, the defendant is required to submit an answer to the complaint within a certain time frame, and must either accept or deny the allegations in the complaint. The defendant may also file a counterclaim against the plaintiff or bring in another defendant as a third-party defendant.

A successful personal injury lawsuit is built on solid evidence, which includes medical documents and witness testimony. We work closely with our clients to gather the relevant information and incorporate it in the case. The evidence we have can also assist us to negotiate with defense attorneys or insurance agents to get the best possible settlement offer.

Preliminary Conference

In a personal injury lawsuit your lawyer must demonstrate that the defendant's negligence caused your accident. You must be able to prove that you sustained injuries as a result of your accident, and that the injuries you sustained are worthy of financial compensation.

This can be a long process, but the trial is when you'll be able to decide if you'll receive the compensation you're entitled to. In a jury trial your lawyer will argue that the defendant is liable and has to pay 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.

Before you can proceed to trial you must attend a preliminaries conference. This is the first time that your case is subject to deadlines set by a judge. This is also when your lawyer will discuss the case with the defense.

A judicial registrar, or an individual of the court staff typically holds preliminary conferences. All parties must attend the initial 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 is unable to attend in person, the convenor can permit them to attend via phone or online. If your case is part of the Differentiated Case Management Program, the initial meeting provides an opportunity to determine whether your case falls under one of three categories namely expedited standard or complex.

Bill of Particulars

After a complaint and summons are filed, the defendants who are named in the lawsuit have either twenty or thirty days in which to file an Answer (although this time frame can be extended with the court's approval). When the Answer is filed, the case moves into what is known as the discovery phase. During this phase both parties exchange information through written discovery demands and depositions.

The plaintiff's lawyer prepares the Bill of Particulars at the end of the discovery. The document is a legal declaration of claims and the relief sought - usually an award of money damages. The Bill of Particulars is meant to inform the defendant of the specific legal claims made, to help them prepare for trial.

Before a Bill of Particulars can be accepted, it must be examined by the court. In general, courts will only abide by a Bill of Particulars that is not vague or 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 where the court found that the plaintiff was not negligent. In 1994, the court upheld a motion to strike any references to willful or intentional acts in a medical malpractice case.

Similarly, the court will not allow the addition of a new theory of recovery at a disproportionately late stage in the litigation. To avoid prejudice, an amendment made late to the Bill of Particulars must be supported by an affidavit, which gives a reasonable explanation for the tardiness of the amendment.

Physical Examination

When a defense attorney or insurance company asks you to take part in an Independent Medical Examination (IME) Your first reaction may be to question the reason a doctor who may not know you and your medical history and the particulars of your accident is being asked to conduct an exam. 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 defendant's insurance company and their goal is to provide a different perspective on your injuries. While they are sometimes referred to as "independent," these physicians, just like insurance companies have their own agendas and financial interest in cutting down on the amount of compensation that can be given to a victim of injury.

Your Orange County personal injury attorney will ensure that you understand what you can expect from an IME and will provide an IME doctor with a copy of all relevant medical records. Your lawyer will also be present at the IME and can ensure that you are examined with respect and courtesy by ensuring that doctors questions do not deviate from the ones in your medical records. Do not underplay or exaggerate the severity of your injuries to the doctors. They are trained to spot fraud, and may utilize this information in court.

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