The Sage Advice On Injury Lawsuit From The Age Of Five

What is a Personal Injury Lawsuit?
If you've been hurt due to another's actions or inactions, you may be entitled to compensation. Contact an experienced personal injury lawyer to learn more about your rights.
A personal injury lawsuit is civil litigant in which the plaintiff seeks compensation for their losses. This includes medical expenses as well as lost wages and property damage. The process can run between a few months and several years.
Damages
A personal injury lawsuit is a legal proceeding to force another person or entity to pay money for damages related to an accident. The injured party is known as the plaintiff and the parties responsible are referred to as defendants. When someone dies as a result of the inattention or negligence of others the wrongful death case are often included in personal injury claims.
The damages a victim suffers are usually divided into two categories which are: punitive and compensatory. Compensation damages are based on medical bills as well as pain and loss compensation, and other out of pocket expenses. Punitive damages are uncommon and are designed to punish the perpetrator for their extreme behavior.
The first category of damages is typically known as "economic damages." This includes all out-of-pocket expenses associated with the accident or injury. These could include doctor's bills, hospital costs and physical therapy costs. In some instances, additional expenses like the cost of traveling to and from appointments or changes to your home for permanent disabilities could be included in an insurance claim.
Non-economic damages are often described as "pain and suffering" damages. These damages are difficult to quantify, and comprise the emotional distress and mental stress that an accident can cause. Based on the severity of your injuries, your lawyer can help you determine the value of these damages. This could be based on your capacity to enjoy activities you previously enjoyed or your loss of connection with family members.
Statute of Limitations
A legal requirement, known as the statute of limitations, anyone who suffers an injury in an accident must make a claim within a specific time period or their claim will be dismissed by the courts. This is done to prevent evidence from being forgotten or lost and to stop people from dragging incident-related litigation out for an indefinite period.
The exact length of time for filing a claim varies from state to state, however, personal injury claims typically have a two-to four-year limit. There are certain exceptions to the time period for filing claims. If you need assistance determining if your case falls within one of these exceptions, it is best to seek legal advice.
The statute of limitations applies only to lawsuits that are filed in court. Insurance claims are typically used to settle injury cases and do not require formal lawsuits. It is still important to allow yourself enough 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.
Some circumstances can pause the clock on the statute of limitations, however they are extremely rare and have to be assessed on a case-by-case basis. The statute of limitation may not begin until the victim realizes or should have realized that the injury was caused by another's negligence. In some states, such as New York, it is different for claims against municipalities.
Complaint
A personal injury lawsuit is a civil action 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 loss to the plaintiff and that the defendant is liable for those damages.
The complaint is the initial document that is filed in a personal injury case. It provides detailed details regarding the incident that led to your injuries, and the damages you are seeking. It also includes an "prayer for relief" which outlines what you want the court to do. The complaint must be served on the defendant along with a summons which is a notification that they are being sued.
After the complaint is filed, the defendant has to respond 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 against the plaintiff or bring in a different defendant as third-party defendant.
A successful personal injury lawsuit is based on solid evidence including medical records and testimony from witnesses. We collaborate closely with our clients to ensure that all relevant information is collected and included in the case. The evidence will also help us negotiate with the defendant's attorneys or insurance representatives to get the best settlement possible.
Preliminary Conference
In a personal injury lawsuit your lawyer must demonstrate that the negligence 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 your injuries are a valid reason for financial compensation.
This could be a long process, but the trial is when you'll be able to decide if you'll get the damages you deserve. In great post to read will argue that the defendant is accountable and must pay you for your losses. The defendant will provide evidence that their actions are unrelated to the accident, which prevents them from having to compensate you for your losses.
Before you can proceed to trial you must attend a preliminary conference. This is the first time that your case has deadlines set by a judge. This is also the time where your attorney will discuss the case with the defense.
Preliminary meetings are usually held by a judicial registrar, or someone on the court's staff. Unless the case is being handled by the New York's Differentiated Case Management Rule, or is otherwise exempt from the Rules, all parties are required to attend in person. However, if a party is unable to attend in person, they can participate via telephone or on the internet, with the consent of the convenor. If your case is part of the Differentiated Case Management Program, the initial meeting provides an opportunity to determine whether your case falls within one of three categories namely advanced standard or complex.
Bill of Particulars
After a complaint and summons are filed, the defendant parties identified in the lawsuit are given the option of having twenty or thirty days to file an Answer (although this time frame can be extended with the court's consent). After the Answer is filed, the case is moved into the discovery phase. In this phase the parties exchange information through written discovery demands and depositions.
After the discovery process is concluded the attorney representing the plaintiff drafts what is called a Bill of Particulars. The document is a legal declaration of claims 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 made, so that he or she can effectively prepare for trial.
Before a Bill of Particulars can be followed, it has to be reviewed by the court. Generally speaking, the court will only abide by 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 example, in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. 1994) the court granted a motion to strike all references to willful and intentional acts from a medical negligence claim.
The court will not permit a new theory to be introduced at any point in the action that is unreasonably late. In order to avoid resultant negative consequences, an amendment made late 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
You may question the reason why a doctor, who doesn't know you, or your medical history and isn't familiar with the details of your incident, would be required to conduct a medical examination. But, this type of examination is actually an obligation under Washington law, and could be beneficial 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 view of your injuries. These doctors, sometimes referred to as "independent", have their own goals and financial interests in reducing the compensation that is awarded to injured victims.
If you decide to undergo an IME, your Orange County personal injury lawyer will make sure that you are well-informed about what to expect and will provide a copy of all relevant medical records to the doctor to review. Your lawyer will also be present at the IME and will ensure that you are examined fairly by ensuring that the doctors ' questions aren't divergent from those in your medical records. It is crucial to not play with the extent of your injuries with the doctors, since they are trained to spot the deceit and may utilize this information against you at trial.