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What is a Personal Injury Lawsuit?

You may be entitled to compensation if were injured as a result of the actions or inactions of a third party. Contact a seasoned personal injury attorney to learn more about your rights.

A personal injury lawsuit is a civil matter where the plaintiff is seeking money to cover their losses, including medical bills, lost wages property damage, and other costs. The process can take several months to a few years.

Damages

A personal injury lawsuit is a legal proceeding to compel a person or entity to pay you money for damages related to an accident. The person who is injured is referred to as the plaintiff while the parties accountable are known as defendants. Personal injury cases may include the wrongful death of a person who dies because of the inattention or negligence of others.

Damages are usually classified into two categories: compensatory and punitive. Compensatory damages are intended to ensure that the victim is completely for good, including out-of-pocket costs such as medical bills as well as compensation for suffering and pain. Punitive damages, which are rare and are intended to punish the perpetrator for committing extreme actions.

This category includes all expenses caused by the accident or injury. This could include doctor's fees as well as hospital expenses and physical therapy expenses. Certain claims could also include additional expenses, such as transportation costs to and from appointments or home modifications to accommodate a disability that is permanent.

Non-economic damages are also described as "pain and suffer" damages. These damages are harder to quantify, and include the emotional stress and mental stress that an accident can cause. Your lawyer will assist you to determine the value of these damages based on the extent of your injury. It could be based on the ability to participate in activities that you were previously able to enjoy or the loss of your relationship with family members.

Statute of Limitations

A legal principle known as the statute of limitation obliges anyone injured in an accident should file a lawsuit before a certain date or the 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 time frame for filing a claim is different from one state to another, but most personal injury lawsuits have a time frame of between two and four years. However, there are exceptions that can extend the time a victim has to make a claim, and they should seek legal advice for assistance in to determine if their case falls into one of the exceptions.

One of the most important aspects of the statute of limitations is that it only applies to the filing of an action in a court. Insurance claims are typically used to resolve injury cases and do not require formal lawsuits. Even so, it is crucial to give yourself enough time to file a lawsuit in the event that insurance negotiations fail to take place as planned or if there is a problem that cannot be easily addressed through the insurance system.

Certain circumstances may stop the clock on the statute of limitations however these cases are rare and generally need to be evaluated on an individual case-by-case basis. For instance, the statute of limitations might not start running until a victim discovered or reasonably should have discovered that their injury was caused by someone else's negligent actions, and in some states, such as New York, the statute of limitations differs for claims against municipalities.

Complaint

A personal injury lawsuit is brought by a victim against the person who caused the injury. It alleges that the defendant violated a duty of care, that this breach caused harm and losses to the plaintiff and that the defendant should be held accountable for the losses.

The complaint is the initial document filed in a personal injury case. It contains detailed allegations concerning the incident that led to your injuries and the damages you seek. It also includes an "prayer for relief" that outlines what you want the court to do. The complaint and summons must be delivered to the defendant.

The defendant must respond to the complaint within a set of time frames and either accept or deny the allegations made in the complaint. The defendant can also file a counterclaim or add a third party defendant to the case as third party defendant.

A successful personal injury lawsuit depends on solid evidence including medical records and testimony from witnesses. We collaborate closely with our clients to ensure that all relevant information is gathered and included in the case. The evidence we have will also help us to negotiate with the defendants' lawyers or insurance agents to obtain the best settlement offer.

Preliminary Conference

In a personal injury case the attorney for you must prove that the negligence of the defendant led to your accident. You must also prove that you suffered injuries due to your accident and that the injuries you sustained are worthy of financial compensation.

This can be a long process, but the trial is where you can finally determine whether you'll be awarded the damages you're entitled to. In the case of a trial before the jury, your lawyer will argue that the defendant is at responsibility and the need to be held accountable for your losses. The defendant will provide evidence to prove that their actions were unrelated to the accident. This will prevent 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 attorney will be discussing the case with the defense.

A judicial registrar, or an individual 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 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 is scheduled to be part of the Differentiated Case Management program, an initial conference can be an opportunity to identify whether your case falls under one of the three categories which are expedited, standard or complex.

Bill of Particulars

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

At the conclusion of discovery, the plaintiff's attorney prepares what is called 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 made, to help them prepare for trial.

Before a Bill of Particulars can be followed, it must be examined by the court. Generally speaking, the court will only accept a Bill of Particulars that is not overbroad or vague. A Bill of Particulars must only include the specific acts of neglect that are being claimed, and not add any new claims. For example in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. 1994) The court ruled in favor of a motion to strike all references to willful and intentional actions from a medical malpractice claim.

The court will not allow introduction of a new theory of recovery at a disproportionately late stage in the case. To avoid  Jersey City , a late amendment to the Bill of Particulars should only be permitted if supported by an affidavit stating an acceptable explanation for the lateness of the amendment.

Physical Exam

If a defense attorney or insurance company asks you to take part in an Independent Medical Examination (IME), your natural first instinct might be to ask the reason why a doctor who does not know you or your medical history and the details of your injury is asked to conduct an exam. This type of exam is required under Washington law, can be beneficial to your case.

IMEs are usually conducted by doctors employed by the insurance company of the defendant. Their goal is to provide an alternative perspective on your injuries. Although they are often called "independent," these physicians - just like the insurance companies have their own agendas and financial motives in decreasing the amount of compensation that could be granted to a victim who has been injured.

If you decide to go through an IME, your Orange County personal injury lawyer will ensure that you are fully informed about what to expect and will provide copies 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 being treated fairly by ensuring that the doctors ' questions aren't divergent from the ones you have in your medical records. It is essential to not play around with the severity of your injuries to the doctors, since they are trained to recognize dishonesty and may utilize this information against you at trial.