What is a Personal Injury Lawsuit? You could be entitled to compensation if you have suffered injuries due to the actions or inactions of another person. Contact an experienced personal injury attorney to learn more about your rights. A personal injury lawsuit is civil litigation where the plaintiff seeks compensation for their loss. This includes medical expenses, lost wages and property damage. The process can take anywhere between a few months and several years. Damages A personal injury lawsuit is an action to compel a person or entity to pay you compensation for the damages resulting from an accident. The injured party is known as the plaintiff and the parties accountable are known as defendants. Personal injury cases can include wrongful death claims when someone dies because of the negligence or wrongful actions of others. Damages are usually divided into two categories: compensatory and punitive. Compensation damages are designed to make the victim whole again, including out-of-pocket expenses such as medical expenses and compensation for pain and suffering. Punitive damages are rare and are intended to penalize the wrongdoer for extreme conduct. This category includes 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 certain cases, additional expenses like the cost of traveling to and from appointments or changes to your home due to permanent disabilities could also be included in a claim. Non-economic losses are often described as pain and suffering damages. These are more difficult to quantify and involve the mental and emotional stress, anguish and suffering that an accident can cause. Your lawyer can help you evaluate these damages based upon the severity of your injury. This could be based on the ability to do things you were previously able to do or your loss in consortium with your 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 certain time frame or 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 relating to incidents for an indefinite period. The exact time frame varies from state to state, but personal injury claims typically have a two- to four-year limitation. However there are exceptions that can extend the amount of time required for a victim to file their claim and they should seek legal advice for help determining whether or not their case falls into one of the exceptions. One of the most important aspects of the statute of limitations is that it only applies to the filing of a lawsuit in a court. Insurance claims are often used to resolve injuries and do not require formal lawsuits. Even so, it is important to allow yourself plenty of time to file a lawsuit in the event that insurance negotiations fail to go as planned or an issue arises that cannot be easily addressed through the insurance system. Certain circumstances may stop the clock on the statute of limitations, but they are extremely rare and have to be considered on a case-by-case basis. For example the statute of limitations might not start to run until the victim discovers or ought to have realized that their injury was caused by another person's negligent actions, and in certain states, like New York, the statute of limitations differs for claims against municipalities. Complaint A personal injury lawsuit is a civil case brought by an injured person against the person or entity that caused the injury. The plaintiff claims that the defendant violated a duty of care, that the breach caused harm and losses to the plaintiff and that the defendant is accountable for the losses. The complaint is the initial document filed in a personal injury lawsuit. It contains detailed allegations regarding the incident that led to your injuries, as well as the damages you seek. The complaint also contains a prayer of relief that outlines what you want the court to do. Boulder injury attorney must be served on the defendant, along with a summons that is a notice that they are being sued. After the complaint is filed, the defendant must submit an answer to the complaint within a specified time period, and they must either accept or deny the allegations made in the complaint. The defendant can also file a counterclaim, or add a third party defendant to the case 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 the relevant information and incorporate it in the case. The evidence we have can also assist us to negotiate with defense lawyers or insurance agents to obtain the best settlement offer. Preliminary Conference In a personal injury lawsuit the attorney for you must prove that the defendant's negligence caused your accident. You must be able to prove that you sustained injuries due to your accident and that those injuries warrant financial compensation. It can be a lengthy process, but it's at the trial that you will be able to determine if you get the compensation you are entitled to. In the trial before a jury the lawyer will argue the defendant's responsibility and the need to be held accountable for your losses. The defendant will present evidence to show 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 meeting prior to proceeding 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 where your attorney will discuss the case with the defense. A judicial registrar, also known as a member of the court staff typically holds preliminary conferences. All parties must attend the initial conference in person unless the case is handled by New York's Differentiated Case Management Rule or the Rules are exempted in other ways. However, if a party cannot attend in person, they are able to take part via phone or online with the permission of the convenor. If your case is scheduled to be part of the Differentiated Case Management program, an initial conference can be a chance to determine whether your case falls under one of the three classifications - expedited, standard or complex. Bill of Particulars After the complaint and summons have been filed, defendants named in the lawsuit will have between twenty and thirty days (although this time frame may be extended by the court). Once the Answer is filed, the case moves into what is known as the discovery phase. During this phase the parties exchange information via written demands for discovery and depositions. The lawyer of the plaintiff drafts the Bill of Particulars at the end of the discovery. This document provides the legal claims being made as well as the relief sought - usually the award of damages in cash. The Bill of Particulars is intended to put the defendant on notice of the specific legal claims being made, so that he or she can effectively prepare for trial. Before a Bill of Particulars can be followed, it must be scrutinized by the court. In general, the court will only be able to abide by the Bill of Particulars if it is not vague or overbroad. A Bill of Particulars must only include the specific acts of neglect that are being asserted and not include any new claims. For instance, in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. In 1994, the court upheld the motion to strike out the reference to willful or deliberate actions in a medical malpractice case. In the same way, the court will not permit the addition of a new theory of recovery at a disproportionately late stage in the litigation. To avoid causing prejudice, a late amendment to a Bill of Particulars must be supported by an affidavit that gives a reasonable explanation for the delay of this amendment. Physical Exam If a defense attorney, or an insurance company requests that you take part in an Independent Medical Examination (IME) the first reaction might be to ask why a doctor who does not know you and your medical history and the details of your injury is requested to conduct an exam. However, this type of exam is actually a requirement under Washington law, and could be beneficial to your case. Typically, IMEs are conducted by doctors medical who are hired by the insurance company representing the defendant and their aim is to provide a different perspective to your injuries. Although they are often called independent, these physicians, just like insurance companies - have their own agenda and financial interest in decreasing the amount of compensation that can be awarded to an injured victim. Your Orange County personal injury attorney will ensure that you understand what to expect from an IME and will give a copy to the doctor of all relevant medical records. Your lawyer will also be present at the IME and will ensure that you are examined with respect and courtesy by ensuring that doctors ' questions aren't divergent from the ones you have in your medical records. You should not downplay or exaggerate the severity of your injury to the doctors. They are trained to spot dishonesty, and could make use of this information in a trial.
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