niecesphere8

What is a Personal Injury Lawsuit? If you have been injured by another person's actions or inactions, you may be eligible for compensation. To learn more about your rights under the law get in touch with a seasoned personal injury lawyer. A personal injury lawsuit is a civil dispute where the plaintiff is seeking compensation for their losses, including medical expenses, lost wages, property damage, and other costs. The process can last from a few months to several years. Damages A personal injury lawsuit is an action to compel a person or entity to pay compensation for the damages resulting from an accident. The party who suffered the injury is known as the plaintiff, while the parties responsible are referred to as defendants. Personal injury cases can also include wrongful death claims when someone dies due to the negligence or wrongdoing of others. The damages of a victim are typically divided into two categories: compensatory and punitive. Compensatory damages are intended to ensure that the victim is completely for good, including out-of-pocket costs like medical bills as well as compensation for suffering and pain. Punitive damages are not common and are intended to penalize the offender for extreme behavior. The first type of damages is usually called “economic damages.” This covers any out-of-pocket costs resulting from the accident and injuries. These may include hospital expenses medical expenses, doctor's charges and physical therapy costs. In some instances, additional expenses like the cost of travel to and from appointments or changes to your home to accommodate permanent disabilities may be included in the claim. Non-economic damages are also referred to by the term “pain and suffer” damages. These damages are difficult to quantify and comprise the emotional distress and mental anguish that accidents can cause. Based on the extent of your injuries, your lawyer will assist you to estimate the value of these damages. This could be based on your ability to enjoy activities you used to do or your loss of connection with family members. Statute of limitations A legal requirement known as the statute of limitations obliges anyone injured in an accident should file an action within a specified date or else their claim will be dismissed. This is to protect evidence from being lost or forgotten, and to prevent people from dragging out incident-related litigation indefinitely. The exact duration of the time limit differs from one state another, but the majority of personal injury claims have a time limit of two to four years. There are some exceptions to the time period for filing an injury claim. If you need help to determine if your claim falls within one of these exceptions, it is best to seek legal advice. The statute of limitations applies only to lawsuits filed in the court. Insurance claims are often used to resolve injuries and do not require formal lawsuits. It is nevertheless important to allow yourself enough time to file a lawsuit in the event that negotiations with insurance do not go as planned or if a problem occurs that cannot be resolved with insurance. A few circumstances can pause the clock of the statute of limitations however, these situations are very rare and have to be considered on a case-by-case basis. For example the statute of limitations may not start running until the victim discovers or should have reasonably discovered that their injury was caused by another person's negligent actions. In some states, such as New York, the statute of limitations differs for claims against municipalities. Complaint A personal injury lawsuit is filed by the victim against the party who caused the injury. It alleges that the defendant breached the duty of care, and that this breach caused harm and loss to the plaintiff, and that the defendant should be held accountable for the damages. The complaint is the initial document that you file in a personal injury case. It includes specific allegations concerning the incident that caused your injuries and the damages you seek. The complaint also contains the “prayer for relief” that describes what you want the court to do. The summons and complaint should be handed over to the defendant. After the complaint is filed, the defendant must respond to the complaint within a certain time frame, and will either admit or deny the allegations in the complaint. The defendant can also bring a counterclaim against plaintiff or bring in another defendant as third-party defendant. A successful personal injury lawsuit is built on solid evidence, including medical records and witness testimony. We work closely with our clients to ensure that all relevant information is gathered and included in the case. The evidence will also assist us negotiate with the attorney of the defendant or insurance agents to obtain the best settlement offer possible. Preliminary Conference In a personal injury lawsuit your lawyer must demonstrate that the defendant's negligence caused your accident. You must be able to prove that you sustained injuries from your accident, and that those injuries warrant financial compensation. It can be a lengthy process however, the trial is when you can finally determine whether you'll be awarded the damages you deserve. In a jury trial, your lawyer will argue that the defendant is liable and has to pay for your losses. The defendant will provide evidence to show that their actions are not connected to the accident. This will prevent them from settling your losses. Before proceeding to trial you must attend a preliminaries conference. This is the first time that your case has deadlines set by a judge. This is also when your lawyer will discuss the issue with the defense. Preliminary conferences are usually conducted by a judicial register or someone on the court's staff. If the case is handled under the New York's Differentiated Case Management Rule, or if it is exempted from the Rules the parties are required to attend in person. If a party is unable to attend in person they are able to participate via telephone or on the internet with the permission of the convenor. If your case will be part of the Differentiated Case Management Program, an initial meeting also provides an opportunity to determine whether your case falls under one of three categories namely advanced standard or complex. Bill of Particulars After the complaint and summons are filed, the defendants named in the lawsuit will be given between twenty and thirty days (although this deadline is able to be extended by the court). After the Answer has been filed, the case moves into what is called the discovery phase. During this time the parties exchange information in the form of written demands for discovery and depositions. The lawyer of the plaintiff drafts a Bill of Particulars at the end of the discovery. The document is a legal declaration of 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 being made, so that they can prepare for trial. Before a Bill of Particulars can be followed, it must be examined by the court. In general, a court will only accept a Bill of Particulars if it is not vague or overbroad. A Bill of Particulars should be limited to the specific acts of negligence being asserted and should not include new claims. For instance in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. In Erie injury lawyer You Tube , the court affirmed a motion to strike the reference to willful or deliberate actions in a medical malpractice case. The court will not permit a new theory to be introduced at a point in the action that is unreasonably late. To avoid causing prejudice a late amendment to a Bill of Particulars must be supported by an affidavit which gives a reasonable explanation for the delay of this amendment. Physical Examination It is possible to ask why a doctor who isn't familiar with you or your medical history, and isn't familiar with the specifics of your accident, should be asked to conduct a medical exam. This type of exam is required by Washington law, could be beneficial to your case. IMEs are typically conducted by doctors employed by the defendant’s insurance company. Their aim is to offer a different view of your injuries. These doctors, sometimes called “independent” are able to have their own goals and financial interests in reducing the amount of compensation which is given to victims of injuries. Your Orange County personal injury attorney will ensure that you understand what to expect from an IME and will give a copy to the doctor of all relevant medical records. Your lawyer will be present during the IME to ensure that the questions asked by the doctor are in line with your medical records. It is important to avoid playing with the severity of your injuries to these doctors, as they are trained to spot dishonesty and may utilize this information against you at trial.