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What is a Personal Injury Lawsuit?
If you've been injured through the actions or inactions, you may be eligible for compensation. Contact a knowledgeable personal injury lawyer to find out more about your rights.
A personal injury lawsuit is a civil litigant where the plaintiff seeks compensation for their loss. This includes medical expenses or lost wages, as well as property damage. The process can take anywhere from a few months to several years.
Damages
A personal injury lawsuit is a legal proceeding that is used to compel another person, or entity to pay you for damages resulting from an accident. The plaintiff is the victim, and the defendants are the parties accountable. Personal injury attorney cases may include cases of wrongful death when someone dies due to inattention or negligence of others.
A victim's damages are typically broken down into two groups which are: punitive and compensatory. Compensatory damages include medical bills, pain and suffering compensation and other out-of pocket expenses. Punitive damages are uncommon and are designed to punish the wrongdoer for extreme conduct.
The first category of damages is typically referred to as "economic damages." This covers the cost of out-of-pocket expenses incurred due to the accident or injury. These could include doctor's bills as well as hospital expenses and physical therapy expenses. Certain claims could also include additional expenses, such as the cost of travel to and from appointments or home modifications to accommodate a permanent disability.
Non-economic damage can also be called "pain and suffer" damages. These are more difficult to quantify and involve the mental and emotional stress, anxiety and suffering that accidents can cause. Based on the extent of your injuries, your lawyer can help you estimate the value of these damages. This could be based on your capacity to continue enjoying the activities you were previously able to enjoy or the loss of your relationship with family members.
Statute of Limitations
A legal rule known as the statute of limitations stipulates that anyone injured in an accident should file an action before a specific date or the claim will be dismissed. This is to safeguard evidence from being lost or forgotten, and to stop people from drag out incident-related litigation indefinitely.
The time frame for filing a claim is different from one state to another, but most personal injury claims have a time limit of between two and four years. However, there are exceptions that may extend the amount of time that a victim must make a claim, and they should seek legal advice when to determine if your case falls under one of these exceptions.
A key aspect of the statute of limitations is that it applies only to the filing of a lawsuit in a court. A majority of injuries cases are resolved through the process of filing an insurance claim and do not require formal lawsuit filing. It is nevertheless essential to allow yourself sufficient time to bring a lawsuit in the event that insurance negotiations do not go as planned or if a problem arises which cannot be resolved through insurance.
Certain circumstances can stop the clock on the statute of limitations however, these situations are extremely rare and need to be analyzed on an individual basis. For instance, the statute of limitations may not begin to run until a victim discovered or reasonably should have discovered that their injury was caused by a negligent actions. In some states, such as New York, the statute of limitations differs for claims against municipalities.
Complaint
A personal injury lawsuit is brought by the victim against the person who caused the injury. It claims that the defendant violated the duty of care, and that this breach caused harm and losses to the plaintiff, and that the defendant should be held accountable for the losses.
The complaint is the first document that you file in a personal injury case. It provides detailed details about the incident that caused your injuries, and the damages you want. It also contains a "prayer for relief" that outlines what you would like the court to do. The complaint must be served on the defendant, along with a summons that is a notice that they are being sued.
The defendant must respond to the complaint within a set of time frames and either accept or deny all the allegations in the complaint. The defendant can also bring a counterclaim against plaintiff or introduce another defendant as a third-party defendant.
A successful personal injury lawsuit depends on solid evidence such as 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 will also assist us negotiate with the attorney of the defendant or insurance representatives to get the most favorable settlement offer.
Preliminary Conference
In a personal-injury case your lawyer must show that negligence on the part of the defendant caused your accident. You must be able to prove that you sustained injuries as a result of your accident, and that those injuries warrant financial compensation.
It's not an easy process, but it's at the trial that you'll be able to determine if you get the compensation you are entitled to. In a trial before a jury the lawyer injury will argue for the defendant's responsibility and the need to be held accountable for your losses. The defendant will present evidence that their actions are unrelated to the accident, which will prevent them from having to reimburse you for your losses.
You must attend a pre-trial conference before you can proceed with the trial. This is usually the first time that your case will be subject to deadlines set by the Court itself. It is also the time that your injurys attorney near me will discuss the case with the defense.
Preliminary conferences are typically conducted by a judicial register or someone on the court's staff. All participants must attend the preliminary conference in person unless the case has been handled in accordance with New York's Differentiated Case Management Rule or the Rules are exempted in other ways. If a person is unable to attend in person, the convenor is able to permit them to attend via phone or online. If your case is to be a part of the Differentiated Case Management program, a preliminary conference will also be an opportunity to identify whether your case falls into one of the three categories - expedited, standard or complex.
Bill of Particulars
After the complaint and summons have been filed, the defendants named in the lawsuit will be given twenty to thirty days (although this timeframe can be extended by the court). After the Answer is filed, the case moves into what is known as 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 a Bill of Particulars at the end of the discovery. This document outlines the legal claims being made as well as the relief requested - typically the award of damages in cash. The Bill of Particulars is intended to put the defendant on notice of the specific legal claims being filed so that he or she is able to effectively prepare for trial.
The court must look over a Bill of Particulars before it is able to be followed. Generally, the court will only abide by a Bill of Particulars that is not overbroad or vague. A Bill of Particulars should be limited to the specific negligence that is being claimed and should not add new claims. For instance in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. 1994) The court ruled in favor of a motion to strike all references to intentional and willful acts from a medical malpractice claim.
Similarly, the court will not allow addition of a new theory of recovery at an unreasonably late stage in the case. In order to avoid resultant negative consequences, an amendment made late to a Bill of Particulars should only be permitted if supported by an affidavit offering an acceptable explanation for the lateness of the amendment.
Physical Examination
When a defense attorney or insurance company demands that you attend an Independent Medical Examination (IME), attorneys Injurys your natural first instinct might be to ask the reason why a doctor who does not know you or your medical history and the details of your accident is being requested to conduct an exam. However, this type of exam is actually required under Washington law, and can be helpful in your case.
Typically, IMEs are conducted by doctors medical who are hired by the insurance company representing the defendant and their aim is to offer a different perspective on your injuries. These doctors, who are sometimes called "independent", have their own agendas and financial stakes in reducing the amount of compensation that is awarded to injured victims.
If you decide to undergo an IME the Orange County personal injury lawyer will ensure that you are well-informed about what to expect and will provide the complete set of medical records to the doctor to look over. Your lawyer will also be present at the IME and will make sure that you are being treated with respect and courtesy by ensuring that doctors questions do not deviate from the ones you have in your medical records. Do not underplay or exaggerate the severity of your injuries to the doctors. They are trained to detect dishonesty, and could make use of this information in a trial.
If you've been injured through the actions or inactions, you may be eligible for compensation. Contact a knowledgeable personal injury lawyer to find out more about your rights.
A personal injury lawsuit is a civil litigant where the plaintiff seeks compensation for their loss. This includes medical expenses or lost wages, as well as property damage. The process can take anywhere from a few months to several years.
Damages
A personal injury lawsuit is a legal proceeding that is used to compel another person, or entity to pay you for damages resulting from an accident. The plaintiff is the victim, and the defendants are the parties accountable. Personal injury attorney cases may include cases of wrongful death when someone dies due to inattention or negligence of others.
A victim's damages are typically broken down into two groups which are: punitive and compensatory. Compensatory damages include medical bills, pain and suffering compensation and other out-of pocket expenses. Punitive damages are uncommon and are designed to punish the wrongdoer for extreme conduct.
The first category of damages is typically referred to as "economic damages." This covers the cost of out-of-pocket expenses incurred due to the accident or injury. These could include doctor's bills as well as hospital expenses and physical therapy expenses. Certain claims could also include additional expenses, such as the cost of travel to and from appointments or home modifications to accommodate a permanent disability.
Non-economic damage can also be called "pain and suffer" damages. These are more difficult to quantify and involve the mental and emotional stress, anxiety and suffering that accidents can cause. Based on the extent of your injuries, your lawyer can help you estimate the value of these damages. This could be based on your capacity to continue enjoying the activities you were previously able to enjoy or the loss of your relationship with family members.
Statute of Limitations
A legal rule known as the statute of limitations stipulates that anyone injured in an accident should file an action before a specific date or the claim will be dismissed. This is to safeguard evidence from being lost or forgotten, and to stop people from drag out incident-related litigation indefinitely.
The time frame for filing a claim is different from one state to another, but most personal injury claims have a time limit of between two and four years. However, there are exceptions that may extend the amount of time that a victim must make a claim, and they should seek legal advice when to determine if your case falls under one of these exceptions.
A key aspect of the statute of limitations is that it applies only to the filing of a lawsuit in a court. A majority of injuries cases are resolved through the process of filing an insurance claim and do not require formal lawsuit filing. It is nevertheless essential to allow yourself sufficient time to bring a lawsuit in the event that insurance negotiations do not go as planned or if a problem arises which cannot be resolved through insurance.
Certain circumstances can stop the clock on the statute of limitations however, these situations are extremely rare and need to be analyzed on an individual basis. For instance, the statute of limitations may not begin to run until a victim discovered or reasonably should have discovered that their injury was caused by a negligent actions. In some states, such as New York, the statute of limitations differs for claims against municipalities.
Complaint
A personal injury lawsuit is brought by the victim against the person who caused the injury. It claims that the defendant violated the duty of care, and that this breach caused harm and losses to the plaintiff, and that the defendant should be held accountable for the losses.
The complaint is the first document that you file in a personal injury case. It provides detailed details about the incident that caused your injuries, and the damages you want. It also contains a "prayer for relief" that outlines what you would like the court to do. The complaint must be served on the defendant, along with a summons that is a notice that they are being sued.
The defendant must respond to the complaint within a set of time frames and either accept or deny all the allegations in the complaint. The defendant can also bring a counterclaim against plaintiff or introduce another defendant as a third-party defendant.
A successful personal injury lawsuit depends on solid evidence such as 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 will also assist us negotiate with the attorney of the defendant or insurance representatives to get the most favorable settlement offer.
Preliminary Conference
In a personal-injury case your lawyer must show that negligence on the part of the defendant caused your accident. You must be able to prove that you sustained injuries as a result of your accident, and that those injuries warrant financial compensation.
It's not an easy process, but it's at the trial that you'll be able to determine if you get the compensation you are entitled to. In a trial before a jury the lawyer injury will argue for the defendant's responsibility and the need to be held accountable for your losses. The defendant will present evidence that their actions are unrelated to the accident, which will prevent them from having to reimburse you for your losses.
You must attend a pre-trial conference before you can proceed with the trial. This is usually the first time that your case will be subject to deadlines set by the Court itself. It is also the time that your injurys attorney near me will discuss the case with the defense.
Preliminary conferences are typically conducted by a judicial register or someone on the court's staff. All participants must attend the preliminary conference in person unless the case has been handled in accordance with New York's Differentiated Case Management Rule or the Rules are exempted in other ways. If a person is unable to attend in person, the convenor is able to permit them to attend via phone or online. If your case is to be a part of the Differentiated Case Management program, a preliminary conference will also be an opportunity to identify whether your case falls into one of the three categories - expedited, standard or complex.
Bill of Particulars
After the complaint and summons have been filed, the defendants named in the lawsuit will be given twenty to thirty days (although this timeframe can be extended by the court). After the Answer is filed, the case moves into what is known as 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 a Bill of Particulars at the end of the discovery. This document outlines the legal claims being made as well as the relief requested - typically the award of damages in cash. The Bill of Particulars is intended to put the defendant on notice of the specific legal claims being filed so that he or she is able to effectively prepare for trial.
The court must look over a Bill of Particulars before it is able to be followed. Generally, the court will only abide by a Bill of Particulars that is not overbroad or vague. A Bill of Particulars should be limited to the specific negligence that is being claimed and should not add new claims. For instance in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. 1994) The court ruled in favor of a motion to strike all references to intentional and willful acts from a medical malpractice claim.
Similarly, the court will not allow addition of a new theory of recovery at an unreasonably late stage in the case. In order to avoid resultant negative consequences, an amendment made late to a Bill of Particulars should only be permitted if supported by an affidavit offering an acceptable explanation for the lateness of the amendment.
Physical Examination
When a defense attorney or insurance company demands that you attend an Independent Medical Examination (IME), attorneys Injurys your natural first instinct might be to ask the reason why a doctor who does not know you or your medical history and the details of your accident is being requested to conduct an exam. However, this type of exam is actually required under Washington law, and can be helpful in your case.
Typically, IMEs are conducted by doctors medical who are hired by the insurance company representing the defendant and their aim is to offer a different perspective on your injuries. These doctors, who are sometimes called "independent", have their own agendas and financial stakes in reducing the amount of compensation that is awarded to injured victims.
If you decide to undergo an IME the Orange County personal injury lawyer will ensure that you are well-informed about what to expect and will provide the complete set of medical records to the doctor to look over. Your lawyer will also be present at the IME and will make sure that you are being treated with respect and courtesy by ensuring that doctors questions do not deviate from the ones you have in your medical records. Do not underplay or exaggerate the severity of your injuries to the doctors. They are trained to detect dishonesty, and could make use of this information in a trial.
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