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What is a Personal Injury Lawsuit?

You could be entitled to compensation if you have suffered injuries due to the actions or inactions of someone else. Contact a seasoned personal injury lawyer to learn more about your rights.

A personal injury lawsuit is civil litigation in which the plaintiff seeks compensation for their losses. This includes medical expenses, lost wages and property damage. The process can last from a few months to several years.

Damages

A personal injury lawsuit is a legal action that is taken to force another person or entity, to pay you for damages resulting from an accident. The plaintiff is the victim, and the defendants are responsible. When someone dies as a result of the inattention or negligence of others, wrongful death cases may be part of personal injury lawsuits.

The damages a victim suffers are usually broken down into two groups which are: punitive and compensatory. Compensatory damages are meant to make the victim whole and regain their financial security, which includes out-of-pocket expenses such as medical expenses as well as compensation for pain and suffering. Punitive damages are rare and designed to punish the offender for extreme behavior.

The first category of damages is typically called "economic damages." This includes any out-of-pocket costs resulting from the accident and injuries. These could include doctor's bills or hospital costs, as well as physical therapy expenses. In certain cases other expenses such as the cost of travelling to and from appointments, or modifications to your home for permanent disabilities can also be included in a claim.

Non-economic damage can also be described as "pain and suffer" damages. These damages are more difficult to quantify, and they include the emotional distress and mental stress that accidents can cause. Depending on the extent of your injuries, your lawyer will help you determine the value of the damages. This could be based on the capacity to perform the things you did before or your loss of a relationship with family.

Statute of Limitations

Under a legal rule called the statute of limitations, any person who is injured in an accident must file a lawsuit within a specified time or their claim will be rejected by the courts. This is done to stop evidence from being forgotten or lost, and also to stop individuals from dragging litigation relating to incidents out for an indefinite period.

The exact length of time for filing a claim is different between states, however personal injury claims generally have a two- to four-year time limit. There are certain exceptions to the limit for filing a claim. If you need help to determine if your claim is one of these exceptions, it is best to seek legal advice.

The statute of limitations is only applicable to lawsuits that are filed in court. A majority of injuries cases are resolved through the insurance claim process and do not require formal lawsuit filing. It is nevertheless important to allow yourself enough time to start a lawsuit in the event that negotiations with insurance don't go as planned, or if a problem occurs that is not resolved by insurance.

Some circumstances can pause the clock on the statute of limitations, however they are extremely rare and have to be assessed on a case-by-case basis. The statute of limitation may not be established until the victim realizes or should have realized that the injury was caused by another's negligence. In certain states, such as New York, it is different for claims against municipalities.

Complaint

A personal injury lawsuit is a civil action brought by an injured person against the person or entity that caused the injury. It alleges that the defendant violated the duty of care, and that the breach caused harm and losses to the plaintiff, and that the defendant should be held accountable for the losses.

The complaint is the initial document filed in a personal injury lawsuit. It includes specific allegations regarding the incident that caused your injuries and the damages you want. El Cajon injury lawsuits youtube.com contains a "prayer for relief" that describes what you want 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.

After the complaint is filed, the defendant is required to respond to the complaint within a specified time period, and they must either accept or deny the allegations in the complaint. The defendant can also file a counterclaim against the plaintiff or introduce another defendant as third-party defendant.

A successful personal injury lawsuit is based on solid evidence, such as medical records and witness testimony. We work closely together with our clients to gather the relevant information and incorporate it in the case. The evidence we have will also help us to negotiate with defendants' lawyers or insurance agents to negotiate 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 be able to prove that you sustained injuries due to your accident and that those injuries warrant financial compensation.


This can be a long process, but the trial is when you can finally determine whether you'll be awarded the damages you're entitled to. In a trial before the jury your lawyer will argue that the defendant is at responsibility and they will argue that they have to pay for your losses. The defendant will provide evidence to prove that their actions were unrelated to the accident. This will stop them from settling your losses.

Before proceeding to trial, you must attend a preliminaries conference. This is often the first time that your case will have deadlines set by the Court itself. This is also the time when your attorney will discuss the issue with the defense.

A judicial registrar, also known as an individual from the court staff, typically holds preliminary conferences. All participants must attend the preliminary conference in person, unless the case is handled by the 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 permit them to attend via telephone or online. If your case is part of the Differentiated Case Management Program, a preliminary meeting is also an opportunity to determine whether your case falls into one of three categories namely expedited standard or complex.

Bill of Particulars

After the summons and complaint have been filed, the defendants named in the lawsuit will have twenty to thirty days (although this time frame is able to be extended by the court). Once the Answer is filed, the matter moves into the discovery phase. In this phase both parties exchange information through written discovery demands and depositions.

The lawyer of the plaintiff drafts the Bill of Particulars at the end of the discovery. This document provides the legal claims 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 so that they can prepare for trial.

Before a Bill of Particulars can be followed, it must be reviewed by the court. In general, courts will only accept a Bill of Particulars that is not overbroad or vague. A Bill of Particulars should be limited to the specific acts of negligence claimed and should not contain 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 affirmed a motion to strike references to intentional or willful actions in a medical malpractice case.

The court will not allow a new theory to be introduced at an point in the case that is unreasonable late. In order to avoid resultant negative consequences, an amendment made late to a Bill of Particulars should only be permitted if supported by an affidavit that provides a reasonable excuse for the delay in the amendment.

Physical Examination

When a defense attorney or insurance company asks you to take part in an Independent Medical Examination (IME) the first reaction might be to ask why a doctor who does not know you, your medical history, and the particulars of your injury is required to conduct an examination. But, this type of exam is actually a requirement under Washington law, and it can be helpful in your case.

Typically, IMEs are conducted by medical doctors who are employed by the insurance company of the defendant and their aim is to offer an alternative perspective to your injuries. Although they are often described as "independent," these physicians, just like insurance companies have their own agendas and financial interest in cutting down on the amount of compensation that could be awarded to an injured victim.

Your Orange County personal injury attorney will make sure you know what you can expect from an IME and will provide a copy to the doctor of all pertinent medical records. Your lawyer will also be present at the IME and will ensure that you are examined in a fair manner by ensuring that the doctors questions do not deviate from those in your medical records. You should not downplay or exaggerate the severity of your injury to these doctors. They are trained to spot fraudulent behavior, and can utilize this information in court.

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