What is a Personal Injury Lawsuit? If you've been injured by another person's actions or inactions, you may be able to recover compensation. Contact a knowledgeable personal injury attorney to learn more about your rights. A personal injury lawsuit is a civil action where the plaintiff is seeking compensation for their losses, which include medical bills, lost wages damages to property and other expenses. The process can run from several months to several years. Damages A personal injury lawsuit is a legal action which is filed to compel another person, or entity, to pay you for damages resulting from an accident. The plaintiff is the victim, and the defendants are the parties responsible. Personal injury cases can also include cases of wrongful death when someone dies due to the negligence or wrongdoing of others. The damages a victim suffers are usually divided into two categories that are punitive and compensatory. Compensatory damages are meant to help the victim get back on track and regain their financial security, which includes out-of-pocket expenses such as medical expenses and compensation for pain and suffering. Punitive damages are rare and are designed to punish the wrongdoer for extreme conduct. The first category of damages is typically known as economic damages. This covers any out-of-pocket costs resulting from the accident or injury. These might include doctor's bills or hospital costs, as well as physical therapy costs. In some cases additional expenses, such as the cost of travelling to and from appointments, or changes to your home to accommodate permanent disabilities can be included in an insurance claim. Non-economic damages are often called pain and suffering damages. They are more difficult to quantify and are a result of the mental and emotional stress, suffering and anguish caused by accidents. Your lawyer can help you evaluate these damages based upon the severity of your injury. This could be based on the ability to do things you did before or your loss in consortium with family. Statute of Limitations Under a legal rule called the statute of limitations, any person who suffers an injury in an accident must bring a lawsuit 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 stop people from carrying out incident-related litigation indefinitely. The exact time frame is different from state to state, however personal injury claims generally have a two- to four-year limitation. There are Lawrence injury attorneys to the limit for filing an injury claim. If you need assistance in determining whether your case 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 is only applicable to the filing of a lawsuit in a court. Insurance claims are usually used to resolve injury cases and do not require formal lawsuits. But, it's important to allow yourself enough time to file a lawsuit in the event that insurance negotiations don't go as planned or an issue arises that can't be easily addressed through the insurance system. Some circumstances can pause the clock on the statute of limitations, but they are rare and need to be evaluated on a case-by case basis. For example, the statute of limitations may not start to run until the victim discovers or reasonably should have discovered that their injuries were caused by a negligence, and in certain 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 that caused the injury. It claims that the defendant violated a duty of care, and that the breach caused harm and losses to the plaintiff, and that the defendant is accountable for the damages. The complaint is the primary document that is filed in a personal injury case. It contains detailed allegations concerning the incident that led to your injuries, as well as the damages you seek. The complaint also includes an prayer of relief which describes what you want the court to do. The summons and complaint must be given to the defendant. The defendant must respond to the complaint within certain deadlines and either admit or deny the allegations contained in the complaint. The defendant may also file a counterclaim against the plaintiff or bring in another defendant as a third-party defendant. A successful personal injury lawsuit is based on solid evidence, such as medical records and witness testimony. We collaborate closely with our clients to ensure that all relevant information is collected and included in the case. The evidence will also assist us negotiate with the attorney for the defendant or insurance companies to negotiate 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 that you suffered injuries as a result of your accident, and that the injuries you sustained are worthy of financial compensation. It can be a lengthy process, but it's at the trial that you will find out if you be awarded the compensation you are entitled to. In a trial before a jury, your lawyer will argue that the defendant is responsible and has to pay for your losses. The defendant will provide evidence to prove that their actions are not connected to the accident. This will stop them from settling your losses. Before proceeding to trial you must attend a preliminaries conference. This is typically the first time that your case will have deadlines set by the Court itself. This is also the time when your lawyer will discuss the matter with the defense. A judicial registrar, or an official of the court's staff, typically conducts preliminary conferences. All participants must attend the preliminary conference in person unless the case has been handled under New York's Differentiated Case Management Rule or the Rules are exempted in other ways. If a person is unable to attend in person, the convenor may permit them to participate via phone or via the internet. If your case is scheduled to be part of the Differentiated Case Management program, a preliminary conference will also be an opportunity to identify whether your case falls within one of the three categories that are expedited, standard, or complex. Bill of Particulars After a complaint and summons are filed, the defendant parties named in the lawsuit have either twenty or thirty days in which to submit an Answer (although this time frame can be extended with the court's approval). When the Answer is filed, the case moves into what is known as the discovery phase. In this phase the parties exchange information in the form of written demand for discovery and depositions. At the conclusion of discovery The attorney for the plaintiff prepares what is known as a Bill of Particulars. This document outlines legal claims and the relief sought - usually the award of damages in cash. 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 followed, it has to be reviewed by the court. Generally, the court will only comply with a Bill of Particulars that is not vague or broad. A Bill of Particulars should be limited to the specific acts of negligence being claimed and should not contain new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ), for example was a case where the court found that the plaintiff had not been negligent. 1994) The court ruled in favor of a motion to strike all references to intentional and willful acts from a medical negligence claim. Similarly, the court will not allow the addition of a new theory of recovery at a disproportionately late stage in the case. To avoid prejudice, an amendment made late to the Bill of Particulars must be supported by an affidavit that gives a reasonable explanation for the lateness of this amendment. Physical Exam If a defense attorney, or an insurance company asks you to attend 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 specifics of your injury is asked to conduct an exam. However, this type of exam is actually required under Washington law and can be helpful to your case. Typically, IMEs are conducted by doctors medical who are hired by the defendant's insurance company and aim to offer a different perspective to your injuries. While they are sometimes referred to as independent, these physicians, just like insurance companies - have their own agenda and financial stake in cutting down on the amount of compensation that may be awarded to an injured victim. If you decide to go through an IME, your Orange County personal injury lawyer will make sure that you are aware of what to expect. They will provide the complete set of medical records for the doctor to look over. Your lawyer will also be present at the IME and will ensure that you are being treated with respect and courtesy by ensuring that doctors questions do not deviate from those in your medical records. You should not downplay or exaggerate the severity of your injuries to the doctors. They are trained to detect fraudulent behavior, and can use this information at trial.
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