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Nine Things That Your Parent Taught You About Injury Lawsuit
What is a Personal Injury Lawsuit?

You may be entitled to compensation if you have been injured due to the actions or inactions of another person. Contact an experienced personal injury attorney to learn more about your rights.

A personal injury lawsuit is a civil dispute where the plaintiff is seeking compensation for their losses, such as medical expenses, lost wages, property damage and other expenses. The process can take anywhere from several months to a few years.

Syracuse injury lawyers is a legal proceeding to force another person or entity to pay you money for damages related to an accident. The plaintiff is the victim and the defendants are responsible. If someone dies as a result of the negligence or wrongdoing by others, wrongful death cases can be included in personal injury claims.

The damages a victim suffers are usually broken down into two groups: 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 not common, are meant to punish the offender for committing extreme acts.

This category includes all expenses that result from the accident or injury. These may include hospital expenses as well as doctor's fees and therapy costs. In some instances additional expenses, such as the cost of traveling to and from appointments, or modifications to your home due to permanent disabilities could be included in the claim.

Non-economic damages are often described as "pain and suffering" damages. These are more difficult to quantify and are a result of the mental and emotional stress, anxiety and suffering caused by accidents. Your lawyer will help you determine the value of these damages based on the severity of your injury. This could be based on the capacity to perform the things you were previously able to do or your loss in consortium with your family.

Statute of limitations

Under a legal rule called the statute of limitations, anyone who suffers injury as a result of an accident must make a claim within a certain time frame or the claim will be rejected by the courts. This is to protect evidence from being lost or forgotten, and to prevent people from dragging out litigation relating to incidents for an indefinite period.

The exact time limit differs from one state another, but the majority of personal injury lawsuits have a time frame of two to four years. However, there are exceptions that could extend the time required for a victim to submit their claim. They should seek legal advice for help determining whether or not your case falls under one of the exceptions.

The statute of limitations is only applicable to lawsuits that are filed in the court. Many injury cases are resolved through the process of filing an insurance claim and do not require a formal lawsuit filing. It is still important to allow yourself enough time to file a lawsuit in the event that negotiations with insurance don't go as planned, or if a problem arises which cannot be resolved through insurance.

A few circumstances can pause the statute of limitations clock, but these instances are very rare and have to be analyzed on a case-by-case basis. For example, the statute of limitations might not begin to run until a victim has discovered or reasonably should have discovered that their injury was caused by another person's negligent actions, and in certain states, such as New York, the statute of limitations differs for claims against municipalities.

Complaint

A personal injury lawsuit is a civil action initiated by a victim against the person or entity that caused the injury. It alleges that the defendant breached a duty of care, that this breach caused harm and losses to the plaintiff, and that the defendant is accountable for the losses.

The first document filed with a personal injury lawsuit is called the complaint. It contains specific details about the incident that led to your injuries and outlines the damages you're seeking. It also contains the "prayer for relief" that outlines what you want the court to do. The complaint and summons must be handed over to the defendant.

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

A successful personal injury lawsuit relies on solid evidence, including medical documents and testimony from witnesses. We work closely with our clients to gather all relevant information and then include it in the case. The evidence can also help us negotiate with the attorney of the defendant or insurance companies to negotiate the best settlement offer possible.

Preliminary Conference

In a personal injury lawsuit your lawyer must demonstrate that the defendant's negligence caused your accident. You must also prove you were injured in your accident and that these injuries are worthy of an amount of money.

This can be a long process however, the trial is where you will be able to determine if you'll receive the compensation you're entitled to. In the trial before a jury, your lawyer will argue for the defendant's liability and that they must compensate you for your losses. The defendant will present evidence to prove that their actions were not related to the accident. This will stop the defendant from paying for your losses.

Before proceeding to trial, you must attend a preliminary conference. This is often the first time that your case will be subject to deadlines established by the Court itself. It is also the time when your lawyer will discuss the case with the defense.


Preliminary conferences are usually conducted by a judicial registrar or a member of the court's staff. All participants must attend the preliminary conference in person, unless the case is handled in accordance with New York's Differentiated Case Management Rule or the Rules are otherwise exempted. If a party cannot attend in person, they can participate via telephone or on the internet, with the consent of the convenor. If your case is part of the Differentiated Case Management Program, a preliminary meeting is also an opportunity to determine whether your case falls within one of three categories namely expedited standard or complex.

Bill of Particulars

After a summons or complaint are filed, the defendants identified in the lawsuit are given the option of having twenty or thirty days to file an Answer (although this time frame can be extended if the court gives approval). After the Answer is filed, the matter moves into the discovery phase. In this stage, both parties exchange information through written demands for discovery and depositions.

After the discovery process is concluded, the plaintiff's attorney prepares what is known as a Bill of Particulars. This document outlines legal 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 being made, so that they can prepare for trial.

Before a Bill of Particulars can be followed, it must be examined by the court. In general, courts will only abide by a Bill of Particulars that is not vague or overly broad. A Bill of Particulars must only include the specific acts of negligence that are being alleged and not include any new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ), for example was a case in which the court found that the plaintiff had not been negligent. 1994) the court granted the motion to strike all references to intentional and willful acts from a medical negligence claim.

The court will not allow a new theory to be introduced at a point in the action that is unreasonablely late. To avoid negative consequences, an amendment made late to the Bill of Particulars should only be allowed when supported by an affidavit offering a reasonable excuse for the delay in the amendment.

Physical Examination

If a defense attorney or insurance company asks you to take part in an Independent Medical Examination (IME) the first reaction might be to ask the reason a doctor who may not know you and your medical history and the details of your incident is requested 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 insurance company of the defendant and their aim is to provide a different view of your injuries. These doctors, who are often referred to as "independent" are able to have their own agendas and financial stakes in reducing the compensation that can be paid to victims.

If you choose to undergo an IME, your Orange County personal injury lawyer will make sure that you are fully informed about what to expect and will provide a copy of all relevant medical records to the doctor to look over. Your lawyer will be present during the IME to ensure that the questions asked by the doctor are in line with your medical records. It is important to avoid playing around with the severity of your injuries with the doctors, since they are trained to recognize the deceit and may use this information against you at trial.

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