kevindryer65

What is a Personal Injury Lawsuit? If you've been hurt through the actions or inactions, you could be entitled to compensation. To learn more about your legal rights get in touch with a seasoned personal injury lawyer. A personal injury lawsuit is civil litigation where the plaintiff seeks compensation for their losses. This includes medical expenses, lost wages and property damage. The process can last from a few months to several years. Damages A personal injury lawsuit is an action to compel a person or entity to pay you compensation for the damage caused by an accident. The plaintiff is the injured party, and the defendants are responsible. If someone dies as the result of the carelessness or infractions committed by others In wrongful deaths, the case may be part of personal injury lawsuits. Damages are typically classified into two categories: compensatory and punitive. Compensation damages are based on medical bills as well as pain and suffering compensation, and other out of pocket expenses. Punitive damages, which are not common and are intended to punish the wrongdoer if they have committed extreme actions. The first category of damages is often referred to as “economic damages.” This includes any out-of-pocket costs resulting from the accident or injury. These may include hospital expenses, doctor's fees and physical therapy costs. In some cases, additional expenses like the cost of travel to and from appointments, or modifications to your home due to permanent disabilities may also be included in a claim. Non-economic damages are commonly referred to as “pain and suffering” damages. They are more difficult to quantify and are a result of the mental and emotional stress, anxiety and suffering that an accident can cause. Depending on the extent of your injuries, your lawyer can help you determine the value of these damages. This may be based on your ability to carry out the things you did before or your loss of consortium with family. Statute of Limitations A legal rule known as the statute of limitations obliges anyone injured in an accident must file an action within a specified date or the claim will be dismissed. This is to stop evidence from being forgotten or lost, and to prevent those who delay bringing litigation related to an incident out for an indefinite period. The exact time limit varies from one state to another, but most personal injury claims have a time frame of between two and four years. There are certain exceptions to the time limit for filing claims. If you require assistance to determine if your claim falls within one of these exceptions, it is best to seek legal advice. A key aspect 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 settle injury cases and do not require formal lawsuits. Even so, it is important to leave yourself enough time to file a lawsuit in the event that negotiations fail to go as planned or there is a problem that cannot be resolved through the insurance system. Some circumstances can pause the clock on the statute of limitations, however they are extremely rare and have to be evaluated on a case by case basis. The statute of limitations may not start until the person is aware or should have known that the injury was caused by another's negligence. In some states, like 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 a duty of care, that this breach caused harm and loss to the plaintiff, and that the defendant is liable for those damages. The first document filed in a personal injury lawsuit is known as the complaint, and it includes specific allegations regarding the incident that led to your injuries. It also lists the damages you are seeking. The complaint also contains the “prayer of relief” that outlines what you want the court to do. The complaint must be served on the defendant, along with a summons, which is a notice that they are being sued. After the complaint is filed, the defendant must respond to the complaint within a specified time period, and they may either deny or admit the allegations in the complaint. The defendant can also file a counterclaim against the plaintiff or bring in another defendant as third-party defendant. A successful personal injury lawsuit is built on solid evidence, such as medical documents and witness testimony. We collaborate closely with our clients to ensure that all relevant information is collected and included in the case. The evidence we have will also help us to negotiate with defense lawyers or insurance agents to negotiate the most favorable settlement offer. Preliminary Conference In a personal injury case your lawyer must demonstrate that the defendant's negligence caused your accident. You must also prove you were injured in the accident and that the injuries are worthy of financial compensation. Compton injury attorneys can be a lengthy process, but it's at the trial that you'll find out if you be awarded the compensation you deserve. In the case of a trial before jurors, your lawyer will argue the defendant's responsibility and the need to pay for your losses. The defendant will argue that their actions do not contribute to the accident, which will prevent them from having to reimburse you for your losses. You must attend a pre-trial conference prior to proceeding with the trial. This is the first time your case will be subject to deadlines imposed by a court. This is also when your lawyer will discuss the issue with the defense. A judicial registrar, or a member from the court staff, usually conducts preliminary conferences. If the case is handled by New York's Differentiated Case Management Rule, or otherwise exempted from the Rules the participants are required to attend in person. However, if a party is unable to attend in person they are able to participate via telephone or on the internet, with the consent 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 into one of three categories: complicated or expedited standard. Bill of Particulars After the complaint and summons have been filed, defendants named in the lawsuit will have twenty to thirty days (although this deadline is able to be extended by the court). After the Answer is filed, the case enters what is known as the discovery phase. In this period both sides exchange information in the form of written demand for discovery and depositions. After the discovery process is concluded The attorney for the plaintiff prepares what is called a Bill of Particulars. The document details the legal claims that are being made and the relief sought, usually an award of money damages. The Bill of Particulars is intended to inform the defendant notice of the specific legal claims being made so that they can effectively prepare for trial. Before a Bill of Particulars can be followed, it has to be reviewed by the court. In general, courts will only accept a Bill of Particulars that is not vague or broad. A Bill of Particulars should be limited to the specific acts of negligence being asserted and should not include new claims. For instance in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. In 1994, the court upheld the motion to strike all the reference to willful or deliberate acts in a medical negligence case. The court will not allow the addition of a new theory of recovery at a disproportionately late stage in the litigation. To avoid causing prejudice, any late amendment to a Bill of Particulars must be supported by an affidavit which provides a reasonable explanation for the tardiness of the amendment. Physical Examination When a defense attorney or insurance company demands that you take part in an Independent Medical Examination (IME) the first reaction could be to wonder the reason a doctor who may not know you and your medical history and the details of your accident is being asked to conduct an exam. But, this type of exam is actually an obligation under Washington law and could be beneficial in your case. IMEs are usually performed by doctors who are employed by the insurance company of the defendant. They are there to offer a different perspective on your injuries. These doctors, sometimes referred to as “independent” are able to have their own agendas and financial stakes in reducing the compensation that is awarded to injured victims. If you decide to undergo an IME, your Orange County personal injury lawyer will ensure that you are aware of what to expect and will provide the complete set of medical records for the doctor to examine. Your lawyer will be present during the IME to make sure that the questions asked by the doctor are consistent with your medical records. You should not downplay or exaggerate the severity of your injuries to these doctors. They are trained to detect fraud, and may make use of this information in a trial.