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What is a Personal Injury Lawsuit? If you've been injured by another person's actions or inactions, you could be entitled to compensation. To learn more about your rights under the law to pursue compensation, consult a knowledgeable personal injury lawyer. A personal injury lawsuit is civil litigant where the plaintiff seeks compensation for their loss. This includes medical bills or lost wages, as well as property damage. The process can take several months to a few years. Damages A personal injury lawsuit is a legal process which is filed to force another individual or entity to pay you compensation for damages caused by an accident. The person who is injured is referred to as the plaintiff while the parties accountable are known as defendants. If someone dies as a result of negligence or wrongdoing by others, wrongful death cases are often included in personal injury claims. click the following post are usually divided into two categories: compensatory and punitive. Compensatory damages are intended to ensure that the victim is completely again, including out-of-pocket expenses such as medical expenses as well as compensation for suffering and pain. Punitive damages are rare and are designed to punish the offender for extreme behavior. The first type of damages is usually called “economic damages.” This covers the cost of out-of-pocket expenses incurred due to the accident or injury. This could include doctor's fees, hospital costs and physical therapy costs. Some claims may also include additional expenses, such as the cost of travel to and from appointments or the need to modify your home to accommodate a disability that is permanent. Non-economic damages are also referred to by the term “pain and suffer” damages. These damages are difficult to quantify and include the emotional stress and mental anguish that accidents can cause. Your lawyer will assist you to determine the value of these damages based on the extent of your injury. This might be based on your ability to participate in activities that you used to do or the loss of your relationship with family members. Statute of limitations A legal rule known as the statute of limitation obliges anyone injured in an accident must file an action within a specified date or else their claim will be dismissed. This is to safeguard evidence from being lost or lost in the shuffle and to stop people from carrying out litigation related to an incident for a long time. The exact length of time for filing a claim varies from state to state, however, personal injury claims typically have a two- to four-year limitation. There are certain exceptions to the to file a claim. If you need help in determining whether your case falls under one of these exceptions, then it is recommended to seek legal advice. One of the main facets of the statute of limitations is that it applies only to the filing of a lawsuit in a court. Insurance claims are typically used to resolve injuries and do not require formal lawsuits. Even so, it is crucial to give yourself plenty of time to file a lawsuit just in case insurance negotiations don't go as planned or an issue arises that cannot be resolved through the insurance system. A few circumstances can pause the clock of the statute of limitations however, these situations are rare and generally need to be analyzed on a case-by-case basis. The statute of limitation may not begin until the victim realizes or should have realized that the injury was caused by another's negligence. In some states, like New York, it is different for claims 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. It alleges that the defendant violated the duty of care, that this breach caused harm and losses to the plaintiff and that the defendant is accountable for the damages. The complaint is the primary document filed in a personal injury case. It provides detailed details regarding the incident that led to your injuries, and the damages you want. The complaint also contains the “prayer of relief” which describes what you want the court to do. The complaint must be served to the defendant with a summons that is a notice that they are being sued. The defendant must respond to the complaint within specific time frames and either accept or deny all the allegations in the complaint. The defendant can also bring a counterclaim against plaintiff or bring in another defendant as a third-party defendant. A successful personal injury lawsuit depends on solid evidence, including medical records and testimony from witnesses. We work closely together 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 possible. Preliminary Conference In a personal-injury lawsuit your lawyer must show that negligence on the part of the defendant led to your accident. You must also prove you were injured in the accident and that the injuries are worthy of an amount of money. It's not an easy process, but it's at the trial that you'll finally know if you will be awarded the compensation you are entitled to. In a jury trial, your lawyer will argue that the defendant is responsible and must pay you for your losses. The defendant will provide evidence to prove that their actions were not related to the accident. This will stop them from paying you for your losses. Before you can proceed to trial, you must attend a preliminaries conference. This is the first time your case is subject to deadlines set by a court. This is also when your lawyer will discuss the case with the defense. A judicial registrar, also known as an official from the court staff, typically holds preliminary conferences. All parties must attend the preliminary conference in person unless the case is handled in accordance with the New York's Differentiated Case Management Rule or the Rules are exempted in other ways. If a party is unable to attend in person, the convenor may permit them to attend via telephone or online. If your case will be part of the Differentiated Case Management Program, an initial meeting also provides an opportunity to determine if your case falls within one of three categories namely complicated or expedited standard. Bill of Particulars When a summons and complaint are filed, the defendant parties identified in the lawsuit are given twenty or thirty days to respond (although this deadline may be extended if the court gives approval). Once the Answer has been filed, the case is moved into the discovery phase. During this time both sides exchange information in the form of written demand for discovery and depositions. The lawyer for the plaintiff prepares the Bill of Particulars at the end of the discovery. This document provides the legal claims being made as well as 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, to help them prepare for trial. Before a Bill of Particulars can be accepted, it must be examined by the court. Generally speaking, the court will only abide by a Bill of Particulars that is not 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 in which the court ruled that the plaintiff was not negligent. In 1994, the court affirmed the motion to strike out references to intentional or willful actions in a medical malpractice case. The court will not allow a new theory to be added at any point in the case that is unreasonably late. 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 It is possible to ask the reason why a doctor, who isn't familiar with you or your medical history, and isn't familiar with the specifics of your accident, would be asked to conduct a medical examination. This type of exam is required under Washington law, could be beneficial to your case. IMEs are typically conducted by doctors hired by the insurance company of the defendant. They are there to offer a different perspective on your injuries. These physicians, who are sometimes referred to as “independent” are able to have their own agendas and financial interests in reducing the amount of compensation that can be awarded to injured victims. Your Orange County personal injury attorney will make sure you know what you can expect from an IME and will give the doctor with a copy of all pertinent medical records. Your lawyer will also be present at the IME and can ensure that you are being treated in a fair manner by ensuring that the doctors questions do not deviate from those in your medical records. It is not advisable to downplay or exaggerate the severity of your injury to the doctors. They are trained to spot fraud, and may use this information at trial.