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10 Facts About Injury Lawsuit That Will Instantly Put You In The Best Mood
What is a Personal Injury Lawsuit?

You may be eligible for compensation if you were injured as a result of the actions or inactions of another person. To learn more about your legal rights, contact an experienced personal injury lawyer.

A personal injury lawsuit is a civil litigant in which the plaintiff seeks compensation for their loss. This includes medical expenses as well as lost wages and property damage. The process can take anywhere from a few months to several years.

Damages

A personal injury lawsuit is a legal action which is filed to force another person or entity to pay you for damages resulting from an accident. The injured party is known as the plaintiff while the parties responsible are referred to as defendants. When someone dies as a result of negligence or wrongdoing by others the wrongful death case are often included in personal injury lawsuits.

A victim's damages are typically divided into two categories: compensatory and punitive. Compensatory damages include medical bills as well as pain and suffering compensation and other out-of pocket expenses. Punitive damages, which are rare, are meant to punish the wrongdoer for committing extreme acts.

The first type of damages is often referred to as "economic damages." This covers any out-of-pocket costs resulting from the accident or injury. These may include hospital expenses as well as doctor's fees and therapy costs. Some claims could also cover additional costs, like the cost of travel to and from appointments or home modifications to accommodate a disability that is permanent.

Non-economic damages can also be referred to by the term "pain and suffer" damages. These are more difficult to quantify and include the emotional distress, mental anxiety and suffering that accidents can cause. Your lawyer can help you evaluate these damages based upon the extent of your injury. This could be based on your capacity to continue enjoying the activities you were previously able to enjoy or your loss of consortium with family members.

Statute of limitations

A legal requirement known as the statute of limitations stipulates that anyone injured in an accident file an action within a specified date or else the claim will be dismissed. This is to safeguard evidence from being lost or forgotten, and to stop people from carrying out litigation relating to incidents for an indefinite period.

The time frame for filing a claim is different from one state to another, but the majority of personal injury claims have a limit of two to four years. There are certain exceptions to the time to file an injury claim. If you need assistance in determining whether your case falls within one of these exceptions, it is recommended that you seek legal advice.

The statute of limitations only applies to lawsuits filed in court. A majority of injuries cases are resolved through the process of claiming insurance and do not require formal lawsuit filing. It is nevertheless 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 that cannot be resolved with insurance.


Some circumstances can pause the clock on the statute of limitations, but they are not common and have to be assessed on a case-by case basis. For example the statute of limitations might not start running until a victim discovered or reasonably should have discovered that their injuries were caused by a negligent actions, and in some states, such as New York, the statute of limitations is different for claims against municipalities.

Complaint

A personal injury lawsuit is a civil case filed by an injured party against the person or entity who caused the injury. It claims that the defendant violated their duty of care and that this breach resulted in harm and losses for the plaintiff. The defendant is then held responsible for these damages.

Riverside injury lawsuits filed with a personal injury lawsuit is called the complaint. It contains detailed allegations about the incident that led to your injuries and outlines the damages you are seeking. It also contains a "prayer for relief" which outlines what you want the court to do. The summons and complaint must be delivered to the defendant.

The defendant must respond to the complaint within a set of time frames and either accept or deny all allegations in the complaint. The defendant may also file a counterclaim or add a third party defendant to the case by naming 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 collect all relevant information and include it in the case. The evidence will also help us negotiate with the attorney of the defendant or insurance agents to obtain the best settlement offer possible.

Preliminary Conference

In a personal-injury case your lawyer must show that negligence on the part of the defendant led to your accident. You must also prove you were injured in your accident and that your injuries are worthy of an amount of money.

It can be a lengthy procedure, but it's at the trial that you will finally know if you will be awarded the compensation you deserve. In a trial before a jury, your lawyer will argue for the defendant's responsibility and the need to be held accountable for your losses. The defendant will present evidence to prove that their actions were unrelated to the accident. This will prevent them from paying you for your losses.

Before proceeding to trial, you must attend a preliminaries conference. This is typically the first time that your case will have deadlines established 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 an individual from the court's staff. Unless the case is being handled by New York's Differentiated Case Management Rule, or if it is exempted from the Rules the parties are required to attend in person. If a party cannot attend in person, they may take part via phone or online with the approval of the convenor. If your case will be part of the Differentiated Case Management Program, a preliminary meeting is also an opportunity to determine whether your case falls under one of three categories namely complicated or expedited standard.

Bill of Particulars

After the complaint and summons have been filed, the defendants named in the lawsuit will have twenty to thirty days (although this deadline may be extended by the court). Once the Answer is filed, the case enters what is called the discovery phase. During this phase, both parties exchange information through written discovery demands and depositions.

At the conclusion of discovery the attorney representing the plaintiff drafts what is called a Bill of Particulars. This document outlines legal claims and the relief sought - typically 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 prepare effectively for trial.

Before a Bill of Particulars can be followed, it has to be scrutinized by the court. Generally, the court will only abide by a Bill of Particulars that is not overbroad or vague. A Bill of Particulars should be limited to the specific negligence that is being asserted and should not include new claims. For instance in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. In 1994, the court upheld a motion to strike references to intentional or willful acts in a medical malpractice case.

Similarly, the court will not allow the addition of a new theory of recovery at an unreasonably late stage in the case. In order to avoid resultant adverse consequences, a late amendment to a Bill of Particulars should only be allowed if accompanied by an affidavit that provides a reasonable excuse for the lateness of the amendment.

Physical Exam

If a defense attorney, or an insurance company requests that you take part in an Independent Medical Examination (IME), your natural first instinct might be to ask why a doctor who does not know you and your medical history and the details of your incident is requested to conduct an exam. However, this kind of exam is actually required under Washington law, and could be beneficial to your case.

IMEs are usually conducted by doctors employed by the insurer of the defendant. They are there to provide an alternative perspective on your injuries. These doctors, sometimes referred to as "independent" are able to have their own agendas and financial stakes in reducing the compensation that is given to victims of injuries.

If you decide to undergo an IME, your Orange County personal injury lawyer will make sure that you are well-informed about what to expect and provide a copy of all relevant medical records for the doctor to examine. Your lawyer will also be present at the IME and will make sure that you are examined with respect and courtesy by ensuring that doctors ' questions aren't divergent from the ones you have in your medical records. You should not downplay or exaggerate the severity of your injuries to the doctors. They are trained to detect dishonesty, and could utilize this information in court.

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