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What is a Personal Injury Lawsuit? If you have been injured due to another's actions or inactions, you could be eligible for compensation. To find out more about your rights under the law, contact an experienced personal injury lawyer. A personal injury lawsuit is a civil dispute where the plaintiff seeks compensation for their loss. This can include medical bills, lost wages and property damage. The process can last from several months to several years. Damages A personal injury lawsuit is a legal action that is taken to compel another person, or entity, to pay you compensation for damages caused by an accident. The plaintiff is the injured party and the defendants are the ones responsible. When someone dies as a result of the negligence or wrongdoing by others, wrongful death cases are often included in personal injury claims. Damages are usually divided into two categories: compensatory and punitive. Compensation damages are based on medical bills as well as pain and loss compensation, and other out-of-pocket expenses. Punitive damages are not common and are designed to punish the wrongdoer for extreme conduct. The first category of damages is typically called “economic damages.” This is the term used to describe the cost of out-of-pocket expenses incurred due to the accident and injuries. This could include doctor's fees 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 the need to modify your home to accommodate a permanent disability. Non-economic damages are also called “pain and suffer” damages. They are more difficult to quantify and involve the emotional distress, mental anguish and suffering that accidents can cause. Based on the severity of your injuries, your lawyer will assist you to estimate the value of the damages. This might be based on your capacity to continue enjoying the activities you used to do or the loss of your relationship with family members. Statute of Limitations In a legal rule known as the statute of limitations, anyone who suffers injury as a result of an accident must file a lawsuit within a certain time frame or else their claim will be rejected by the courts. This is to safeguard evidence from being lost or forgotten and to stop people from drag out litigation related to an incident for a long time. The time frame for filing a claim differs from one state another, but the majority of personal injury lawsuits have a time limit of between two and four years. There are some exceptions to the time period for filing an injury claim. If you need assistance in determining whether your case falls within one of these exceptions, then it is recommended to seek legal advice. The statute of limitations is only applicable to lawsuits filed in court. A majority of injuries cases are resolved through the process of filing an insurance claim and do not require formal lawsuit filing. However, it is crucial to give yourself enough time to pursue legal action in the event that negotiations do not take place as planned or if 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 not common and have to be considered on a case-by-case basis. The statute of limitations might not be established until the victim is aware or should have known that the injury resulted from someone else's negligence. In certain states, such as New York, it is different for claims made against municipalities. Complaint A personal injury lawsuit is brought by the victim against the party who caused the injury. It alleges that the defendant violated the duty of care, and that this breach caused harm and loss to the plaintiff and that the defendant should be held liable for those damages. The complaint is the initial document that you file in a personal injury lawsuit. It provides detailed details about the incident that led to your injuries, and the damages you are seeking. The complaint also includes an “prayer of relief” that outlines what you would like the court to do. The complaint must be served to the defendant with a summons that is a notice that they are being sued. The defendant must respond to the complaint within certain time frames and either accept or deny the allegations in the complaint. The defendant may also file a counterclaim or add a third party defendant to the case by naming a third party defendant. A successful personal injury lawsuit relies on solid evidence including medical records and testimony from witnesses. We collaborate closely with our clients to ensure that all relevant information is gathered and included in the case. The evidence we have will also assist us in negotiate with the defendants' attorneys or insurance agents to get the best possible settlement offer. Preliminary Conference In a personal-injury case, your lawyer must prove that negligence on the part of the defendant led to your accident. You must also prove you were injured in the accident and that these injuries are worth an amount of money. It can be a lengthy process, but the trial is where you will be able to determine if you'll be awarded 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 present evidence to prove that their actions were not related to the accident. This will stop them from paying you for your losses. You must attend a pre-trial discussion prior to proceeding with the trial. This is often the first time your case will have deadlines that are set by the Court itself. It is also the time where your lawyer will discuss the case with the defense. A judicial registrar, or an individual of the court staff typically holds preliminary conferences. All parties must attend the initial conference in person, unless the case is handled by the New York's Differentiated Case Management Rule or the Rules are exempted in other ways. If a party is unable to attend in person, the convenor can allow them to participate by telephone or online. If your case is part of the Differentiated Case Management Program, an initial meeting also provides an opportunity to determine if your case falls within one of three categories – expedited standard or complex. Bill of Particulars After a summons or complaint are filed, the defendant parties named in the lawsuit have the option of having twenty or thirty days to file an Answer (although this deadline can be extended if the court gives permission). After the Answer has been filed, the matter moves into the discovery phase. In this phase both sides 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. The document is a legal declaration of 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 that are made so that they can prepare for trial. The court must look over a Bill of Particulars before it is able to be followed. In general, a court will only accept the Bill of Particulars if it isn't vague or overly broad. Bellflower injury lawsuit youtube.com of Particulars must only include the specific acts of neglect that are being claimed and not include any new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ) for instance was a case where the court ruled that the plaintiff was not negligent. 1994), the court sustained the motion to strike all references to willful and intentional acts from a medical malpractice claim. In the same way, the court will not allow the addition of a new theory of recovery at a disproportionately late point in the action. To avoid causing prejudice, a late amendment to a Bill of Particulars must be supported by an affidavit, which provides a reasonable explanation for the lateness of this amendment. Physical Examination When a defense attorney or insurance company requests that you attend an Independent Medical Examination (IME) the first reaction may be to question the reason a doctor who may not know you and your medical history and the particulars of your injury is asked to conduct an exam. This type of exam, which is required by Washington law, can be beneficial to your case. Typically, IMEs are conducted by medical doctors who are employed by the insurance company representing the defendant and their goal is to provide a different perspective to your injuries. These physicians, who are often referred to as “independent” are able to have their own goals and financial interests in reducing the amount of compensation which is paid to victims. Your Orange County personal injury attorney will make sure you know what to expect from an IME and will give an IME doctor with a copy of all relevant medical records. Your lawyer will also be present at the IME and will make sure that you are being treated in a fair manner by ensuring that the doctors questions do not deviate from those in your medical records. Do not underplay or exaggerate the severity of your injury to the doctors. They are trained to detect dishonesty, and could utilize this information in court.