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What is a Personal Injury Lawsuit?

If you've been injured due to another's actions or inactions, you could be able to recover compensation. Contact an experienced personal injury lawyer to find out more about your rights.

A personal injury lawsuit is a civil dispute where the plaintiff is seeking money to cover their losses, such as medical bills, lost wages, property damage, and other costs. The process can take several months to a few years.

Damages

A personal injury lawsuit is an action to compel another person or entity to pay you compensation for the damages resulting from an accident. The party who suffered the injury is known as the plaintiff and the responsible parties are called defendants. If someone dies as the result of the inattention or negligence of others In wrongful deaths, the case can be included in personal injury lawsuits.

Damages are typically classified into two categories: compensatory and punitive. Compensation damages are based on medical bills as well as pain and loss compensation and other out-of pocket expenses. Punitive damages, which are rare and are designed to punish the perpetrator when they have committed a number of extreme acts.

The first type of damages is often referred to as "economic damages." This is the term used to describe the cost of out-of-pocket expenses incurred due to the accident and injuries. This could include doctor's fees, hospital costs and physical therapy expenses. In certain cases, additional expenses like the cost of traveling to and from appointments, or modifications to your home to accommodate permanent disabilities may be included in a claim.

Non-economic damages are often referred to as "pain and suffering" damages. These damages are difficult to quantify, and they include the emotional stress and mental anguish that an accident can cause. Your lawyer will help you evaluate these damages based upon the extent of your injury. It could be based on the ability to continue enjoying the activities you were previously able to enjoy or the loss of your relationship with family members.

Statute of Limitations

A legal rule known as the statute of limitation stipulates that anyone injured in an accident must file an action within a specified date or the claim will be dismissed. This is to stop evidence from being forgotten or lost, and also to stop those who delay bringing litigation related to an incident out indefinitely.

The exact length of time for filing a claim is different from state to state, but personal injury claims typically have a two- to four-year time limit. There are certain exceptions to the time limit for filing a claim. If you require assistance to determine if your claim is one of these exceptions, then it is recommended that you seek legal advice.

The statute of limitations applies only to lawsuits filed in court. Many injury cases are resolved through the insurance claim process and do not require formal lawsuit filing. It is important to give yourself enough time to bring a lawsuit in the event that negotiations with insurance aren't as smooth as you had hoped, or if there is a problem which cannot be resolved through insurance.

Certain circumstances may stop the statute of limitations clock however, these situations are rare and generally need to be evaluated on a case-by-case basis. The statute of limitations might not start until the person is aware or should have known that the injury was caused by someone else's negligence. In some states, like New York, it is different for claims that are made against municipalities.

Complaint

A personal injury lawsuit is a civil action filed by an injured party against the person or entity who caused the injury. The plaintiff claims that the defendant violated the duty of care, and that this breach caused harm and loss to the plaintiff, and that the defendant is liable for those damages.

Houston injury lawsuits www.youtube.com is the primary document that you file in a personal injury case. It contains detailed allegations regarding the incident that led to your injuries and the damages you are seeking. The complaint also contains the "prayer for relief" that outlines what you would like the court to do. The summons and complaint must be given to the defendant.

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

A successful personal injury lawsuit is based on solid evidence, including 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 will also assist us negotiate with the attorney for the defendant or insurance companies to negotiate the best settlement possible.

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 your injuries are a valid reason for financial compensation.

This could be a long process, but the trial is when you will be able to determine if you'll get the damages you're entitled to. In a jury trial your lawyer will argue that the defendant is responsible and has to pay for the losses you suffered. The defendant will present evidence that their actions are unrelated to the accident, which will prevent them from having to reimburse you for your losses.

You must attend a pre-trial meeting before you can proceed with the trial. This is the first time that your case has deadlines set by a judge. This is also the time where your attorney will discuss the case with the defense.

Preliminary meetings are usually held by a judicial registrar, or someone on the court's staff. All parties must attend the preliminary conference in person unless the case has been handled under the New York's Differentiated Case Management Rule or the Rules are exempted in other ways. If a party is not able to attend in person, the convenor can permit them to attend via phone or via the internet. If your case is to be part of the Differentiated Case Management program, a preliminary conference will also provide an opportunity to determine whether your case falls within one of the three classifications which are expedited, standard or complex.

Bill of Particulars

After a summons or complaint are filed, the defendant parties who are named in the lawsuit have either twenty or thirty days in which to file an Answer (although this deadline may be extended if the court gives permission). When the Answer is filed, the case moves into what is called the discovery phase. In this period the parties exchange information in the form of written discovery demands and depositions.

The lawyer for the plaintiff prepares the Bill of Particulars at the end of discovery. The document is a legal declaration of claims and the relief sought - typically 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 reviewed by the court. Generally, the court will only accept a Bill of Particulars that is not overbroad or vague. A Bill of Particulars must only include the specific acts of negligence that are being asserted and not include any new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ) for instance, was a case where the court ruled that the plaintiff had not been negligent. In 1994, the court affirmed the motion to strike out references to intentional or willful acts in a medical negligence case.

The court will also not permit a new theory to be added at a stage in the litigation that is unreasonable late. To avoid causing prejudice, an amendment made late to a Bill of Particulars must be supported by an affidavit, which provides a reasonable explanation for the tardiness of the amendment.

Physical Examination

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, would be asked to conduct a medical examination. However, this type of exam is actually an obligation under Washington law and could be beneficial in your case.

Typically, IMEs are conducted by medical doctors who are employed by the defendant's insurance company and their aim is to offer a different perspective to your injuries. These physicians, who are sometimes referred to as "independent" and have their own agendas and financial interests in reducing the amount of compensation that is awarded to injured victims.

Your Orange County personal injury attorney will ensure that you are aware of what to 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 will ensure that you are being examined fairly by ensuring that the doctors ' questions aren't divergent from the ones in your medical records. It is important to avoid playing with the severity of your injuries to the doctors, since they are trained to spot dishonesty and may use this information against you at trial.

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