plotleo47

What is a Personal Injury Lawsuit? You could be eligible for compensation if you were injured as a result of the actions or inactions of someone else. Contact an experienced personal injury lawyer to find out more about your rights. A personal injury lawsuit is a civil dispute in which the plaintiff seeks money to compensate for their losses, such as medical bills, lost wages property damage, and other costs. The process can last from a few months to several years. Damages A personal injury lawsuit is a process to compel a person or entity to pay compensation for the damage caused by an accident. The party who suffered the injury is known as the plaintiff while the responsible parties are called defendants. Personal injury cases can also include the wrongful death of a person who dies due to negligence or wrongdoing of others. The damages a victim suffers are usually broken down into two groups that are punitive and compensatory. Compensation damages are designed to ensure that the victim is completely and regain their financial security, which includes out-of-pocket expenses such as medical expenses and compensation for pain and suffering. Providence injury lawsuits , which are very rare and are designed to punish the perpetrator when they have committed a number of extreme actions. This category covers all expenses incurred as a result of the accident or injury. This could include doctor's fees or hospital costs, as well as physical therapy expenses. In some instances, additional expenses like the cost of travelling to and from appointments or modifications to your home due to permanent disabilities may also be included in an insurance claim. Non-economic damages can also be described as “pain and suffer” damages. These damages are difficult to quantify and include the emotional stress and mental stress that an accident can cause. Your lawyer can help you value these damages based on the extent of your injury. This could be based on the ability to carry out the things you did before or your loss in consortium with family. Statute of limitations In a legal rule known as the statute of limitations, any person who suffers injury as a result of an accident must bring a lawsuit within a specific time period or their claim will be dismissed by the courts. This is done to prevent evidence from being forgotten or lost, and also to stop people from dragging incident-related litigation out for an indefinite period. The exact time frame differs from state to state, however personal injury claims generally have a two-to four-year time limit. There are certain exceptions to the time to file an injury claim. If you need help to determine if your claim falls within one of these exceptions, then it is recommended to seek legal advice. The statute of limitations applies only to lawsuits that are filed in court. Many injury cases are resolved through the process of claiming insurance and do not require a formal lawsuit filing. But, it's important to leave yourself plenty of time to take legal action in the event that negotiations fail to take place as planned or if an issue arises that can't be resolved through the insurance system. Certain circumstances can stop the clock on the statute of limitations, but they are not common and have to be evaluated on a case-by case basis. For instance, the statute of limitations might not start to run until a victim discovered or reasonably should have discovered that their injury was caused by someone else's negligence, and in some states, such as New York, the statute of limitations is different for claims against municipalities. Complaint A personal injury lawsuit is filed by the victim against the person who caused the injury. The plaintiff claims that the defendant breached their duty of care and the breach caused loss and harm to the plaintiff. The defendant is then held accountable for the losses. The first document filed in a personal injury lawsuit is called the complaint. It contains detailed allegations about the incident that caused your injuries. It also lists the damages you're seeking. The complaint also contains a “prayer of relief” that outlines what you want the court to do. The summons and complaint must be delivered to the defendant. The defendant must respond to the complaint within certain deadlines and either admit or deny 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 based on solid evidence, including medical records and testimony from witnesses. 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 defendant's attorneys or insurance representatives to get the best settlement offer possible. Preliminary Conference In a personal injury case your lawyer must show that negligence on the part of the defendant caused your accident. You must also prove you were injured in the accident and that the injuries are worthy of an amount of money. This could be a long process, but the trial is where you'll be able to decide if you'll get the damages you're entitled to. In a jury trial, your lawyer will argue that the defendant is responsible and is required to compensate you for the losses you suffered. The defendant will provide evidence that their actions are unrelated to the accident, which will prevent them from having to pay you for your losses. Before proceeding to trial you must attend a preliminary conference. This is the first time that your case will be subject to deadlines imposed by a judge. It is also the time where your attorney will discuss the case with the defense. A judicial registrar, or a member from the court staff, usually conducts preliminary conferences. All parties must attend the initial conference in person unless the case has been handled by New York's Differentiated Case Management Rule or the Rules are otherwise exempted. If a party is not able to attend in person, the convenor is able to permit them to participate via phone or via the internet. If your case is scheduled to be part of the Differentiated Case Management program, the preliminary conference will provide an opportunity to determine whether your case falls into one of the three categories – expedited, standard or complex. Bill of Particulars After the complaint and summons are filed, the defendants named in the lawsuit will be given twenty to thirty days (although this timeframe may be extended by the court). When the Answer is filed, the case moves into what is called the discovery phase. During this phase the parties exchange information via written demands for discovery and depositions. After the discovery process is concluded, the plaintiff's attorney prepares what is called a Bill of Particulars. 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 reviewed by the court. In general, a court will only abide by a Bill of Particulars if it isn't vague or overly 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 in which the court ruled that the plaintiff was not negligent. 1994) The court ruled in favor of the motion to strike all references to willful and intentional actions from a medical malpractice claim. The court will also not permit a new theory to be added at any stage in the litigation that is unreasonable late. In order to avoid resultant prejudice, a belated amendment to the Bill of Particulars should only be allowed if accompanied by an affidavit that provides an adequate explanation for the delay in the amendment. Physical Exam If a defense attorney, or an insurance company asks you to take part in an Independent Medical Examination (IME) the first reaction might be to ask the reason why a doctor who does not know you, your medical history, and the particulars of your injury is required to conduct an examination. But, this type of exam is actually a requirement under Washington law, and it can be helpful in your case. Typically, IMEs are conducted by doctors medical who are hired by the insurance company of the defendant and their goal is to offer an alternative perspective on your injuries. These physicians, who are sometimes referred to as “independent” are able to have their own agendas and financial stakes in reducing the compensation that can be given to victims of injuries. Your Orange County personal injury attorney will ensure that you are aware of what to expect from an IME and will give an IME doctor with a copy of all pertinent medical records. Your lawyer will be present during the IME to ensure that the questions asked by the doctor are consistent with your medical records. It is essential to not play with the severity of your injuries with these doctors, as they are trained to spot fraud and could make use of this information against you in trial.