theorypants05

What is a Personal Injury Lawsuit? If you've been hurt by another person's actions or inactions, you may be eligible for compensation. Contact a seasoned personal injury lawyer to find out more about your rights. A personal injury lawsuit is civil litigant in which the plaintiff seeks compensation for their losses. This includes medical bills as well as lost wages and property damage. The process can last from several months to several years. Damages A personal injury lawsuit is an action 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 responsible parties are called defendants. Personal injury cases can also include cases of wrongful death when someone dies due to negligence or wrongful actions of others. The damages a victim suffers are usually divided into two categories that are punitive and compensatory. Compensatory damages include medical bills, pain and suffering compensation, and other out-of-pocket expenses. Punitive damages, which are rare and are intended to punish the wrongdoer when they have committed a number of extreme acts. This category covers all costs incurred as a result of the injury or accident. These might include doctor's bills or hospital costs, as well as physical therapy costs. Certain claims could also include additional expenses, such as the cost of travel to and from appointments, or modifications to your home to accommodate a permanent disability. Non-economic damages can also be referred to by the term “pain and suffer” damages. These damages are difficult to quantify and comprise the emotional distress and mental stress that accidents can cause. Your lawyer can help you value these damages based on the extent of your injury. This may be based on your ability to carry out the activities you used to or your loss in consortium with family. Statute of limitations In a legal rule known as the statute of limitations, any person who suffers an injury in an accident must make a claim within a specific time period or their claim will be dismissed by the courts. This is to protect evidence from being lost or lost in the shuffle and to stop people from carrying out incident-related litigation indefinitely. The exact length of time for filing a claim is different from state to state, however, personal injury claims typically have a two- to four-year time limit. There are certain exceptions to the time period for filing an injury claim. If you need help determining if your case falls under one of these exceptions, then it is recommended that you seek legal advice. A key aspect of the statute of limitations is that it only applies to the filing of an action in a court. Many injury cases are resolved through the process of filing an insurance claim and do not require a formal lawsuit filing. It is still important to give yourself enough time to bring a lawsuit in the event that negotiations with insurance don't go as planned, or if a problem occurs that is not resolved by insurance. Certain circumstances may stop the clock on the statute of limitations, but they are rare and need to be evaluated on a case by case basis. The statute of limitation may not begin until the victim is aware or should have known that the injury was caused by another's negligence. In some states, like New York, it is different for claims made against municipalities. Complaint A personal injury lawsuit is filed by a victim against the person who caused the injury. It claims that the defendant breached their duty of care and that the breach caused harm and losses for the plaintiff. The defendant is then held accountable for the losses. The first document filed in a personal injury lawsuit is known as the complaint, and it contains detailed allegations about the incident that caused your injuries. It also lists the damages you are seeking. It also contains a “prayer for relief” which outlines what you would like the court to do. The complaint must be served to the defendant with a summons, which is a notice that they are being sued. The defendant must respond to the complaint within certain time frames and either accept or deny all the allegations made in the complaint. The defendant may also make a counterclaim against the plaintiff or introduce another defendant as a third-party defendant. A successful personal injury lawsuit is built on solid evidence, which includes medical documents and witness testimony. We work closely with our clients to ensure that all relevant information is gathered and included in the case. The evidence we gather will also help us to negotiate with defendants' 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 in your accident and that these injuries are worth financial compensation. It's not an easy process, but it is at the trial that you will finally know if you will receive the damages you deserve. In a jury trial your lawyer will argue that the defendant is liable and is required to compensate you for the losses you suffered. The defendant will present evidence to prove that their actions were not related to the accident. This will stop them from settling your losses. Before you can proceed to trial you must attend a preliminary conference. This is the first time your case is subject to deadlines set by a court. It is also the time that your attorney will discuss the case with the defense. A judicial registrar, also known as a member from the court staff, typically conducts preliminary conferences. Unless the case is handled under 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 party is unable to attend in person, the convenor may allow them to participate by phone or via the internet. If your case is to be part of the Differentiated Case Management program, the preliminary conference will be a chance to determine whether your case falls into one of the three classifications that are expedited, standard, or complex. Bill of Particulars When a summons and complaint are filed, the defendants who are named in the lawsuit have the option of having twenty or thirty days to file an Answer (although this deadline may be extended with the court's permission). Once the Answer is filed, the case moves into what is called the discovery phase. In this phase, both sides exchange information in the form of written demand for discovery and depositions. After the discovery process is concluded, the plaintiff's attorney prepares what is known as a Bill of Particulars. The document details the legal claims that are being made 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, so that they can prepare for trial. Before a Bill of Particulars can be followed, it must be reviewed by the court. In general, the court will only abide by the Bill of Particulars if it is not vague or broad. 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. In 1994, the court upheld a motion to strike references to intentional or willful acts in a medical malpractice case. Similarly, the court will not allow addition of a new theory of recovery at an unreasonably late stage in the case. To avoid prejudice, a late amendment to the Bill of Particulars must be supported by an affidavit that provides a reasonable explanation for the lateness of this amendment. Physical Exam If a defense attorney, or an insurance company demands that you take part in an Independent Medical Examination (IME) the first reaction may be to question the reason why a doctor who does not know you, your medical history, and the specifics of your injury is asked to conduct an exam. This type of examination 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 aim to offer an alternative perspective on your injuries. These physicians, who are sometimes referred to as “independent” and have their own agendas and financial stakes in reducing the amount of compensation which can be given to victims of injuries. If you decide to go through an IME the Orange County personal injury lawyer will ensure that you are fully informed about what to expect. They will provide a copy of all relevant medical records for the doctor to review. Pontiac injury attorneys will be present during the IME to ensure that the questions asked by the doctor are in line with your medical records. You should not downplay or exaggerate the severity of your injury to the doctors. They are trained to detect fraudulent behavior, and can utilize this information in court.