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What is a Personal Injury Lawsuit? If you have been injured through the actions or inactions, you could be able to recover compensation. To learn more about your legal rights, contact an experienced personal injury lawyer. A personal injury lawsuit is a civil litigation where the plaintiff seeks compensation for their losses. This includes medical bills as well as lost wages and property damage. The process can take several months to several years. Damages A personal injury lawsuit is a legal action that is used to force another individual or entity to compensate you for the damages that result from an accident. click the following webpage who is injured is referred to as the plaintiff, while the responsible parties are called defendants. If someone dies as a result of negligence or wrongdoing by others, wrongful death cases are often included in personal injury lawsuits. Damages are typically classified into two categories: compensatory and punitive. Compensatory damages are meant to make the victim whole again, including out-of-pocket expenses such as medical bills and compensation for pain and suffering. Punitive damages, which are very rare, are meant to punish the wrongdoer for committing extreme crimes. The first type of damages is often referred to as “economic damages.” This covers all out-of-pocket expenses associated with the accident or injury. These might include doctor's bills as well as hospital expenses and physical therapy costs. Some claims could also cover additional costs, like transportation costs to and from appointments or the need to modify your home to accommodate a permanent disability. Non-economic damages can also be described as “pain and suffer” damages. These are more difficult to quantify and are a result of the mental and emotional stress, anguish and suffering that accidents can cause. Depending on the severity of your injuries, your lawyer can help you determine the value of these damages. This could be based on your capacity to enjoy activities you previously enjoyed or your loss of connection with family members. Statute of Limitations A legal rule known as the statute of limitations stipulates that anyone injured in an accident must 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 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 limit. There are certain exceptions to the to file claims. If you require assistance determining if your case is one of these exceptions, then it is best to seek legal advice. One of the main facets of the statute of limitations is that it is only applicable to the filing of a lawsuit in court. Insurance claims are usually used to resolve injury cases and do not require formal lawsuits. But, it's crucial to give yourself enough time to take legal action just in case insurance negotiations do not go as planned or an issue arises that can't be addressed by the insurance system. Some circumstances can pause the clock on the statute of limitations, but they are rare and need to be assessed on a case by case basis. For example the statute of limitations might not start running until a victim has discovered or reasonably should have discovered that their injury was caused by someone else's negligent actions, and in certain states, such as New York, the statute of limitations is different for claims against municipalities. Complaint A personal injury lawsuit is brought by the victim against the person who caused the injury. The plaintiff claims that the defendant violated their duty of care and that this breach caused harm and losses for the plaintiff. The defendant is held responsible for these damages. The first document filed with a personal injury lawsuit is known as the complaint, and it contains specific details about the incident that caused your injuries. It also lists the damages you're seeking. It also includes an “prayer for relief” that outlines what you want the court to do. The complaint and summons must be handed over to the defendant. After the complaint is filed, the defendant is required to file an answer to the complaint within a specific time frame, and must either accept or deny the allegations made in the complaint. The defendant can also file a counterclaim or add another defendant to the case by naming a 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 gather all relevant information and include it in the case. The evidence we have will also help us to negotiate with the defense attorneys or insurance companies to obtain the best settlement offer. 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 those injuries warrant financial compensation. It can be a lengthy process, but the trial is when you'll be able to decide if you'll be awarded the damages you're entitled to. In the trial before a jury the lawyer will argue the defendant's responsibility and the need to pay for your losses. The defendant will provide evidence to prove that their actions were unrelated to the accident. This will stop them from settling your losses. You must attend a pre-trial meeting before proceeding with the trial. This is often the first time your case will be subject to deadlines established by the Court itself. This is also the time when your lawyer will discuss the case with the defense. A judicial registrar, or an individual of the court staff typically conducts preliminary conferences. Unless the case is handled in accordance with the New York's Differentiated Case Management Rule, or if it is exempted from the Rules, all participants are required to attend in person. 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 part of the Differentiated Case Management Program, the initial meeting provides an opportunity to determine if your case falls within one of three categories: advanced standard or complex. Bill of Particulars After the summons and complaint are filed, the defendants named in the lawsuit will have twenty to thirty days (although this deadline is able to be extended by the court). After the Answer has been filed, the matter moves into what is called the discovery phase. In this period, both sides exchange information in the form of written demand for discovery and depositions. The plaintiff's lawyer prepares the Bill of Particulars at the end of the discovery. This document provides the legal claims being made as well as the relief requested – typically an award of money damages. The Bill of Particulars is intended to inform the defendant notice of the specific legal claims being made, so that they is able to effectively prepare for trial. Before a Bill of Particulars can be followed, it has to be reviewed by the court. In general, a court will only accept the Bill of Particulars if it is not vague or broad. A Bill of Particulars should be limited to the specific acts of negligence claimed and should not add new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ) for instance, was a case where the court ruled that the plaintiff had not been negligent. 1994), the court sustained the motion to strike references to willful and intentional acts from a medical malpractice claim. In the same way, the court will not allow introduction of a new theory of recovery at an unreasonable late point in the action. To avoid causing prejudice, a late amendment to a Bill of Particulars must be supported by an affidavit that gives a reasonable explanation of the tardiness of the amendment. Physical Exam You may question why a doctor who doesn't know you, or your medical history and isn't familiar with the details of your accident, would be asked to conduct a medical examination. This type of exam is required by Washington law, can be beneficial to your case. Typically, IMEs are conducted by doctors medical who are hired by the insurance company of the defendant and their aim is to offer a different perspective on your injuries. While they are sometimes called “independent,” these physicians – just like the insurance companies have their own agendas and financial stake in reducing the amount of compensation that could be given to a victim of injury. Your Orange County personal injury attorney will ensure that you understand what you can expect from an IME and will give a copy to the doctor of all relevant medical records. Your lawyer will also be present at the IME and will make sure that you are being examined with respect and courtesy by ensuring that questions of the doctor do not diverge from those 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 spot dishonesty and may make use of this information against you at trial.