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What is a Personal Injury Lawsuit? You may be entitled to compensation if you have been injured due to the actions or inactions of someone else. Contact a knowledgeable personal injury lawyer to find out more about your rights. A personal injury lawsuit is civil dispute in which the plaintiff seeks compensation for their losses. This includes medical expenses or lost wages, as well as property damage. The process can last from a few months to a few years. Damages A personal injury lawsuit is a legal proceeding which is filed to force another person or entity, to pay you for damages resulting from an accident. The party who suffered the injury is known as the plaintiff, while the responsible parties are called defendants. If someone dies as the result of negligence or wrongdoing by others In wrongful deaths, the case may be part of personal injury lawsuits. Damages are typically classified into two categories: 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. Punitive damages are not common and are intended to penalize the perpetrator for their extreme behavior. The first type of damages is usually known as “economic damages.” This is the term used to describe any out-of-pocket costs resulting from the accident and injuries. These could include hospital bills, doctor's fees and physical therapy costs. In certain cases additional expenses, such as the cost of traveling to and from appointments or changes to your home to accommodate permanent disabilities could be included in the claim. Non-economic losses are often described as “pain and suffering” damages. These damages are difficult to quantify and include the emotional distress and mental stress caused by accidents. Depending on the severity of your injuries, your lawyer will assist you to place a value on these damages. This may be based on your ability to do activities you used to or your loss of a relationship with family. 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 specified time or the claim will be rejected by the courts. This is to stop evidence from being lost or lost and to stop individuals from dragging litigation relating to incidents out for a long time. The exact time frame differs from state to state, however, personal injury claims typically have a two- to four-year time limit. There are certain exceptions to the to file a claim. If you require assistance in determining whether your case falls under one of these exceptions, then it is recommended to seek legal advice. The statute of limitations only applies to lawsuits that are filed in court. Insurance claims are usually used to resolve injuries and do not require formal lawsuits. However, it is crucial to give yourself enough time to file a lawsuit 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. A few circumstances can pause the clock of the statute of limitations however, these situations are very rare and have to be evaluated on an individual case-by-case basis. For instance, the statute of limitations might not begin to run until a victim has discovered or should have reasonably discovered that their injuries were caused by someone else's negligence, and in certain states, like New York, the statute of limitations is different for claims against municipalities. Complaint A personal injury lawsuit is a civil case brought by an injured person against the person or entity who caused the injury. It claims that the defendant violated a duty of care, that this breach caused harm and losses to the plaintiff and that the defendant should be held liable for those damages. The complaint is the primary document filed in a personal injury case. It provides detailed details about the incident that caused your injuries, and the damages you are seeking. The complaint also contains an “prayer of relief” which describes what you would like the court to do. The complaint and summons must be delivered to the defendant. The defendant must respond to the complaint within a set of time frames and either accept or deny all the allegations contained in the complaint. The defendant may also bring a counterclaim against plaintiff or bring in another defendant as third-party defendant. A successful personal injury lawsuit is based on solid evidence, which includes medical documents and witness testimony. We work closely with our clients to collect all relevant information and then include it in the case. The evidence we collect will also assist us in negotiate with defendants' attorneys or insurance companies to get the best possible settlement offer. Preliminary Conference In a personal-injury lawsuit, your lawyer must prove that negligence on the part of the defendant led to 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. This can be a long process, but the trial is when you'll be able to decide if you'll be awarded the damages you deserve. In the trial before a jury the lawyer will argue for the defendant's responsibility and the need to compensate you for your losses. The defendant will present evidence to prove that their actions are not connected to the accident. This will prevent them from settling your losses. You must attend a pre-trial conference before you can proceed with the trial. This is often the first time your case will be subject to deadlines set by the Court itself. This is also the time when your lawyer will discuss the case with the defense. Preliminary meetings are usually held by a judicial registrar, or someone on the court's staff. If the case is handled under the New York's Differentiated Case Management Rule, or otherwise exempted from the Rules, all parties are required to attend in person. If a party is unable to attend in person, they can take part via phone or online with the approval of the convenor. If your case will be 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 – advanced standard or complex. Bill of Particulars After the summons and complaint have been filed, the defendants named in the lawsuit will be given between twenty and thirty days (although this time frame can be extended by the court). When the Answer is filed, the case enters what is known as the discovery phase. During this phase, both parties exchange information via written discovery demands and depositions. The lawyer for the plaintiff prepares a Bill of Particulars at the conclusion of the discovery. 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 intended to inform the defendant notice of the specific legal claims being made, so that he or she is able to effectively prepare for trial. The court must examine the Bill of Particulars before it can be complied with. In general, the court will only accept a Bill of Particulars if it is not vague or broad. A Bill of Particulars should be limited to the specific negligence that is being asserted and should not include new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ), for example was a case in which the court ruled that the plaintiff had not been negligent. In 1994, the court affirmed the motion to strike all references to intentional or willful acts in a medical negligence case. Similarly, Dallas injury lawsuits will not permit the introduction of a new theory of recovery at a disproportionately late stage in the litigation. To avoid adverse consequences, a late amendment to the Bill of Particulars should only be permitted if supported by an affidavit stating an adequate explanation for the lateness of the amendment. Physical Exam You might be wondering why a doctor who doesn't know you, or your medical history and is unfamiliar with the specifics of your accident, should be required to conduct a medical examination. This type of examination is required by Washington law, can be beneficial to your case. IMEs are usually conducted by doctors hired by the defendant’s insurance company. Their aim is to provide an alternative view of your injuries. Although they are sometimes called “independent,” these physicians – just like the insurance companies have their own agendas and financial motives in decreasing the amount of compensation that could be awarded to an injured victim. If you decide to undergo an IME If you decide to undergo an IME, your Orange County personal injury lawyer will make sure that you are fully informed about what to expect and will provide copies of all relevant medical records for the doctor to review. Your lawyer will be present during the IME to make sure that the questions asked by the doctor are in accordance with your medical records. It is important to not play with the extent of your injuries with the doctors, since they are trained to spot fraud and could use this information against you in trial.