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What is a Personal Injury Lawsuit?

If you've been hurt by another person's actions or inactions, you may be entitled to compensation. To find out more about your rights under the law to pursue compensation, consult a knowledgeable personal injury lawyer.

A personal injury lawsuit is a civil action where the plaintiff is seeking compensation for their losses, such as medical bills, lost wages, damages to property and other expenses. The process can last from a few months to a few years.

Damages

A personal injury lawsuit is a legal action that is taken to compel another person, or entity to compensate you for damages resulting from an accident. The plaintiff is the victim, and the defendants are the parties responsible. Personal injury cases may include wrongful death claims when someone dies due to negligence or wrongdoing of others.

The damages of a victim are typically divided into two categories which are: punitive and compensatory. Compensation damages can include medical bills as well as 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 usually called "economic damages." This is the term used to describe any out-of-pocket costs resulting from the accident and injuries. These could include doctor's bills or hospital costs, as well as physical therapy costs. In certain cases, additional expenses like the cost of traveling to and from appointments or modifications to your home for permanent disabilities may also be included in an insurance claim.

Non-economic damages can also be referred to by the term "pain and suffer" damages. These damages are more difficult to quantify and include the emotional distress and mental stress that accidents can cause. Your lawyer will assist you to evaluate these damages based upon the severity of your injuries. It could be based on your ability to continue enjoying the activities you were previously able to enjoy or your loss of consortium with family members.

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 specific time period or else their claim will be dismissed by the courts. This is to prevent evidence from being lost or forgotten, and to stop people from drag out incident-related litigation indefinitely.

The exact time frame differs from state to state however, personal injury claims typically have a two-to four-year limitation. However there are exceptions that can prolong the time a victim has to make a claim, and they should seek legal advice for help to determine if your case falls under one of these exceptions.

A key aspect of the statute of limitations is that it only applies to the filing of a lawsuit in court. Many injury cases are resolved through the insurance claim process and do not require a formal lawsuit filing. It is nevertheless essential to allow yourself sufficient time to bring a lawsuit in the event that negotiations with insurance do not go as planned or if a problem occurs that is not resolved by insurance.

Certain circumstances may stop the clock on the statute of limitations however, these situations are rare and generally need to be considered on an individual case-by-case basis. The statute of limitations may not begin 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 filed by a victim against the person who caused the injury. The plaintiff claims that the defendant breached their duty of care and the breach caused harm and losses for the plaintiff. The defendant is then accountable for the damages.

Redondo Beach injury lawyer YouTube  is the initial document filed in a personal injury case. It includes specific allegations concerning the incident that led to your injuries as well as the damages you seek. The complaint also includes an "prayer of relief" which describes what you would like the court to do. The summons and complaint must be handed over to the defendant.

The defendant must respond to the complaint within certain time limits and either admit or deny all allegations contained in the complaint. The defendant may also file 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 documents and testimony from witnesses. We work closely with our clients to ensure that all relevant information is gathered and included in the case. The evidence can also help us negotiate with the defendant's attorneys or insurance companies to negotiate the best settlement offer possible.

Preliminary Conference

In a personal-injury lawsuit 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 from your accident, and that those injuries warrant financial compensation.

It can be a lengthy process, but it's at the trial that you'll find out if you get the compensation you deserve. In the trial before the jury, your lawyer will argue that the defendant is at liability and that they must be held accountable for your losses. The defendant will provide evidence that their actions are unrelated to the accident, which prevents them from having to pay you for your losses.

You must attend a pre-trial discussion prior to proceeding with the trial. This is the first time that your case has deadlines set by a judge. This is also the time when your attorney will be discussing the matter with the defense.

A judicial registrar, or a member of the court's staff, typically conducts preliminary conferences. Unless the case is handled in accordance with New York's Differentiated Case Management Rule, or is otherwise exempt from the Rules All parties are required to attend in person. If a party is not able to attend in person, the convenor is able to permit them to attend via telephone or online. If your case is going to be a part of the Differentiated Case Management program, the preliminary conference will be an opportunity to identify whether your case falls under one of the three classifications which are expedited, standard or complex.

Bill of Particulars

After the complaint and summons have been filed, the defendants named in the lawsuit will have between twenty and thirty days (although this time frame may be extended by the court). When the Answer is filed, the case moves into what is called the discovery phase. In this stage both parties exchange information via written discovery demands and depositions.

The plaintiff's lawyer prepares the Bill of Particulars at the conclusion of the discovery. This document outlines 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 put the defendant on notice of the specific legal claims being filed so that he or she can prepare effectively for trial.

The court must review a Bill of Particulars before it is allowed to be enforced. Generally, the court will only accept a Bill of Particulars that is not vague or broad. A Bill of Particulars must only include the specific acts of neglect that are being asserted and not include any 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 upheld a motion to strike any references to willful or intentional actions in a medical malpractice case.

The court will not permit a new theory to be added at an point in the case that is unreasonablely late. In order to avoid resultant prejudice, a belated amendment to the Bill of Particulars should only be allowed if accompanied by an affidavit stating an adequate explanation for the lateness of the amendment.

Physical Exam

When a defense attorney or 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 particulars of your injury is requested to conduct an exam. However, this type of examination is actually a requirement under Washington law, and it can be helpful in your case.

Typically, IMEs are conducted by medical doctors who are employed by the defendant's insurance company and their aim is to offer an alternative perspective on your injuries. These doctors, sometimes called "independent", have their own agendas and financial stakes in reducing the compensation that 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 the relevant medical records. 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. You should not downplay or exaggerate the severity of your injury to the doctors. They are trained to spot dishonesty, and could utilize this information in court.