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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 a third party. To find out more about your rights under the law get in touch with a seasoned personal injury lawyer.

A personal injury lawsuit is a civil dispute in which the plaintiff seeks money to cover their losses, which include medical bills, lost wages, damages to property and other expenses. The process can run between a few months and several years.

Damages

A personal injury lawsuit is a legal proceeding that is taken to force another person or entity, to pay you for the damages that result 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 the negligence or wrongdoing by others, wrongful death cases may be part of personal injury claims.

A victim's damages are typically divided into two categories that are punitive and compensatory. Compensation damages can include medical bills, pain and suffering compensation, and other out-of-pocket expenses. Punitive damages, which are very rare and are designed to punish the offender if they have committed extreme acts.

The first category of damages is usually known as "economic damages." This covers any out-of-pocket costs resulting from the accident or injury. These could include hospital bills medical expenses, doctor's charges and physical therapy costs. Some claims may also include additional expenses, such as transportation costs to and from appointments, or modifications to your home to accommodate a permanent disability.

Non-economic damage can also be called "pain and suffer" damages. These are more difficult to quantify and are a result of the mental and emotional stress, anxiety and suffering that accidents can cause. Depending on the severity of your injuries, your lawyer can help you place a value on the damages. This could be based on the ability to do activities you used to or your loss of consortium with your family.

Statute of Limitations

A legal principle known as the statute of limitations stipulates that anyone injured in an accident should file an action before a specific date or else their claim will be dismissed. This is to protect evidence from being lost or forgotten and to stop people from carrying out incident-related litigation 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 limitation. There are certain exceptions to the to file claims. If you require assistance to determine if your claim falls under one of these exceptions, it is recommended that you seek legal advice.

A key aspect of the statute of limitations is that it applies only to the filing of a lawsuit in a court. A majority of injuries cases are resolved through the process of filing an insurance claim and do not require formal lawsuit filing. But, it's crucial to give yourself plenty of time to pursue legal action in the event that insurance negotiations do not follow the plan or an issue arises that can't be easily addressed through the insurance system.

Certain circumstances can stop the clock on the statute of limitations, but they are rare and need to be evaluated on a case-by-case basis. The statute of limitation may not start until the person discovers or should have known that the injury was caused by another's negligence. In certain states, like New York, it is different for claims against municipalities.

Complaint

A personal injury lawsuit is a civil case initiated by a victim against the person or entity who caused the injury. It claims that the defendant violated the duty of care, that the breach caused harm and loss to the plaintiff, and that the defendant should be held liable for those damages.

The complaint is the primary document that is filed in a personal injury lawsuit. It provides detailed details regarding the incident that led to your injuries, as well as the damages you want. The complaint also includes a "prayer of relief" that outlines what you would like the court to do. The complaint must be served to the defendant with a summons which is a notification that they are being sued.

After the complaint is filed, the defendant has to submit an answer to the complaint within a specific time frame, and may either deny or admit the allegations in the complaint. The defendant may also bring a counterclaim against plaintiff or introduce another defendant as third-party defendant.

A successful personal injury lawsuit is based on solid evidence such as medical records and testimony from witnesses. We work closely together with our clients to collect the relevant information and incorporate it in the case. The evidence we have can also assist us to negotiate with defense attorneys or insurance companies 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 also prove you were injured in your accident and that the injuries are worthy of financial compensation.

It's a long process, but it is at the trial that you'll finally know if you will receive the damages you are entitled to. In the trial before a jury your lawyer will argue the defendant's responsibility and they will argue that they have to compensate you for your losses. The defendant will present evidence to prove that their actions were not related to the accident. This will stop them from paying you for your losses.

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

Preliminary conferences are usually conducted by a judicial register or an individual from the court's staff. All parties 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, however, a person is unable to attend in person, they are able to participate via telephone or on the internet, with the consent of the convenor. If your case is scheduled to be part of the Differentiated Case Management program, a preliminary conference will also be a chance to determine whether your case falls under one of the three classifications that are expedited, standard, or complex.

Bill of Particulars

When a summons and complaint are filed, the defendants named in the lawsuit have the option of having twenty or thirty days to file an Answer (although this deadline may be extended if the court gives permission). After the Answer has been filed, the matter moves into what is called the discovery phase. During this time both sides exchange information in the form of 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.  Passaic injury lawyer  is a legal declaration of claims and the relief sought, usually the award of damages in cash. The Bill of Particulars is intended to put the defendant on notice of the specific legal claims being made so that they is able to effectively prepare for trial.

The court must look over a Bill of Particulars before it can be complied with. Generally, the court will only accept 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 claimed, and not add any new claims. For instance, in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. 1994), the court sustained a motion to strike all references to intentional and willful acts from a medical malpractice claim.

Similarly, the court will not permit the introduction of a new doctrine of recovery at an unreasonable late point in the action. To avoid adverse consequences, a late amendment to a Bill of Particulars should only be allowed if accompanied by an affidavit stating an acceptable explanation for the lateness of the amendment.

Physical Examination

You might be wondering the reason why a doctor, who doesn't know you or your medical history, and isn't familiar with the specifics of your accident, should be required to conduct a medical exam. This type of examination is required under Washington law, could be beneficial to your case.

IMEs are typically performed by doctors who are employed by the insurance company of the defendant. Their goal is to provide an alternative view of your injuries. Although they are often called "independent," these physicians as well as insurance companies - have their own agenda and financial interest in decreasing the amount of compensation that can be granted to a victim who has been injured.

Your Orange County personal injury attorney will ensure that you understand 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 can ensure that you are examined fairly by ensuring that the questions of the doctor do not diverge from the ones you have in your medical records. It is crucial to not play up or down the extent of your injuries with the doctors, since they are trained to spot fraud and could make use of this information against you in trial.