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What is a Personal Injury Lawsuit?
You could be eligible for compensation if you were injured as a result of the actions or inactions of a third party. Contact a knowledgeable personal injury attorney to learn more about your rights.
A personal injury lawsuit is a civil litigant in which the plaintiff seeks compensation for their loss. This can include medical bills or lost wages, as well as property damage. The process can last from several months to several years.
Damages
A personal injury lawsuit is a process to compel another person or entity to pay 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. Personal injury cases can include cases of wrongful death when someone dies because of the negligence or wrongful actions of others.
The damages a victim suffers are usually broken down into two groups: 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 offender for extreme behavior.
The first category of damages is often referred to as "economic damages." This covers the cost of out-of-pocket expenses incurred due to the accident or injury. This could include hospital bills as well as doctor's fees and therapy costs. Some claims could also cover additional expenses, such as the cost of travel to and from appointments or home modifications to accommodate a disability that is permanent.
Non-economic losses are often referred to as "pain and suffering" damages. They are more difficult to quantify and involve the emotional distress, mental anxiety and suffering that an accident can cause. Depending on the severity of your injuries, your lawyer will assist you to estimate the value of the damages. It could be based on your ability to enjoy activities you previously enjoyed or the loss of your relationship with family members.
Statute of limitations
A legal rule known as the statute of limitations obliges anyone injured in an accident should file a lawsuit before a certain date or their claim will be dismissed. This is to protect evidence from being lost or forgotten and to prevent people from dragging out litigation related to an incident for a long time.
The exact length of time for filing a claim differs from state to state, but personal injury claims typically have a two- to four-year limitation. There are certain exceptions to the time to file an injury claim. If you need help determining if your case falls within one of these exceptions, it is recommended that you seek legal advice.
The statute of limitations is only applicable to lawsuits filed in court. Insurance claims are usually used to settle injury cases and do not require formal lawsuits. It is important to allow yourself enough time to start a lawsuit in the event that insurance negotiations do not go as planned or if a problem arises that is not resolved by insurance.
Certain circumstances may stop the clock on the statute of limitations, but they are rare and need to be considered on a case by case basis. The statute of limitations might not be established until the victim realizes or should have realized that the injury was caused by someone else's negligence. In certain states, like New York, it is different for claims made against municipalities.
Complaint
A personal injury lawsuit is a civil suit initiated by a victim against the person or entity that caused the injury. The plaintiff claims that the defendant violated their duty of care and this breach caused harm and losses for the plaintiff. The defendant is then held responsible for these damages.
The complaint is the first document filed in a personal injury case. It provides detailed details about the incident that led to your injuries, as well as the damages you are seeking. The complaint also includes a "prayer of relief" that outlines what you would like the court to do. The summons and complaint must be given to the defendant.
After the complaint is filed, the defendant has to submit an answer to the complaint within a certain time frame, and may either deny or admit 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 is based on solid evidence, which includes medical records and witness testimony. We work closely together with our clients to collect the relevant information and incorporate it in the case. The evidence will also help us negotiate with the defendant's attorneys or insurance companies to negotiate the best settlement offer possible.
Preliminary Conference
In a personal injury case, your attorney must prove that the negligence of the defendant caused your accident. You must be able to prove that you sustained injuries from your accident, and that the injuries you sustained are worthy of financial compensation.
youtube.com can be a lengthy process, but the trial is where you will be able to determine if you'll receive the compensation you're entitled to. In a trial before a jury, your lawyer will argue that the defendant is accountable and is required to compensate you for the losses you suffered. The defendant will present evidence to show that their actions were unrelated to the accident. This will prevent the defendant from paying for your losses.
Before you can proceed to trial, you must attend a preliminary conference. This is typically the first time your case will have deadlines that are set by the Court itself. This is also the time that your lawyer will discuss the case with the defense.
Preliminary meetings are usually held by a judicial register or someone on the court's staff. Unless the case is handled by New York's Differentiated Case Management Rule, or is otherwise exempt from the Rules the participants are required to attend in person. If a person 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 if your case falls under one of three categories namely advanced standard or complex.
Bill of Particulars
After a complaint and summons are filed, the defendant parties who are named in the lawsuit have either twenty or thirty days in which to submit an Answer (although this time frame can be extended with the court's consent). After the Answer is filed, the case moves into what is called the discovery phase. In this phase the parties exchange information through written discovery demands and depositions.
Following the conclusion of discovery The attorney for the plaintiff prepares what is known as a Bill of Particulars. The document is a legal declaration of claims and the relief sought, usually an award of money damages. The Bill of Particulars is intended to put the defendant on notice of the specific legal claims being made, so that he or she can effectively prepare for trial.
Before a Bill of Particulars can be followed, it has to be reviewed by the court. In general, the court will only be able to abide by the Bill of Particulars if it isn't vague or overly broad. A Bill of Particulars should be limited to the specific negligence that is being 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 the motion to strike out the reference to willful or deliberate acts in a medical malpractice case.
The court will not allow the introduction of a new theory of recovery at a disproportionately late point in the action. To avoid causing prejudice an amendment made late to the Bill of Particulars must be supported by an affidavit, which provides a reasonable explanation for the delay of this amendment.
Physical Exam
You may question why a doctor who doesn't know you or your medical history and is unfamiliar with the specifics of your incident, would be asked to conduct a medical examination. This type of exam is required by Washington law, could be beneficial to your case.
Typically, IMEs are conducted by medical doctors who are employed by the insurance company representing the defendant and their aim is to offer an alternative view of your injuries. These doctors, sometimes referred to as "independent", have their own agendas and financial interests in reducing the compensation that can be paid to victims.
If you decide to undergo an IME the Orange County personal injury lawyer will make sure that you are aware of what to expect. They will provide copies of all relevant medical records to the doctor to look over. Your lawyer will also be present at the IME and can ensure that you are examined in a fair manner by ensuring that the doctors ' questions aren't divergent from those in your medical records. It is not advisable to downplay or exaggerate the severity of your injuries to these doctors. They are trained to spot fraud, and may use this information at trial.
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