laceturret40

What is a Personal Injury Lawsuit? If you've been injured due to another's actions or inactions, you could be able to recover compensation. Contact a seasoned personal injury lawyer to learn more about your rights. A personal injury lawsuit is a civil action where the plaintiff is seeking compensation for their losses, such as medical expenses, lost wages, property damage and other expenses. The process can take anywhere from several months to several years. Damages A personal injury lawsuit is a legal proceeding which is filed to compel another person, or entity to compensate you for damages resulting from an accident. The plaintiff is the injured party, and the defendants are accountable. When someone dies as a result of the inattention or negligence of others, wrongful death cases can be included in personal injury lawsuits. A victim's damages are typically broken down into two groups which are: punitive and compensatory. Compensatory damages are intended to help the victim get back on track and regain their financial security, which includes out-of-pocket expenses like medical bills as well as compensation for pain and suffering. Punitive damages, which are not common and are intended to punish the wrongdoer if they have committed extreme crimes. The first category of damages is usually referred to as “economic damages.” This includes all out-of-pocket expenses associated with the accident and injuries. These might include doctor's bills as well as hospital expenses and physical therapy costs. Certain claims could also include additional expenses, such as the cost of travel to and from appointments or the need to modify your home to accommodate a disability that is permanent. Non-economic damages are commonly called “pain and suffering” damages. These are more difficult to quantify and involve the mental and emotional stress, anxiety and suffering that accidents can cause. Depending on the severity of your injuries, your lawyer can help you estimate the value of the damages. This might be based on your ability to continue enjoying the activities you previously enjoyed or your loss of consortium with family members. Statute of Limitations A legal requirement, known as the statute of limitations, any person who is injured in an accident must bring a lawsuit within a specified time or the claim will be dismissed by the courts. This is done to prevent evidence from being forgotten or lost and to stop individuals from dragging litigation relating to incidents out for a long time. The exact time limit varies from one state to another, but most personal injury lawsuits have a time frame of two to four years. However there are exceptions that could extend the amount of time required for a victim to file their claim and they should seek legal advice when determining whether or not your case falls under one of the exceptions. One of the main facets of the statute of limitations is that it only applies to the filing of a lawsuit in a court. Insurance claims are typically used to resolve injuries and do not require formal lawsuits. But, it's important to allow yourself plenty of time to take legal action in the event that insurance negotiations don't go as planned or an issue arises that can't be resolved through the insurance system. Certain circumstances may stop the clock on the statute of limitations, but they are rare and need to be evaluated on a case by case basis. The statute of limitation may not start until the person realizes or should have realized that the injury resulted from someone else's negligence. In some states, like New York, it is different for claims against municipalities. Complaint A personal injury lawsuit is filed by the victim against the person who caused the injury. It alleges that the defendant violated a duty of care, and that the breach caused harm and loss to the plaintiff and that the defendant should be held liable for those damages. The complaint is the initial document filed in a personal injury case. It includes specific allegations regarding the incident that caused your injuries, as well as the damages you are seeking. The complaint also includes a “prayer of relief” that outlines what you would like the court to do. The summons and complaint must be given 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 bring a counterclaim against plaintiff or bring in another defendant as a third-party defendant. A successful personal injury lawsuit depends on solid evidence including medical records and testimony from witnesses. We collaborate closely with our clients to ensure that all relevant information is gathered and included in the case. The evidence we collect will also assist us in negotiate with the defendants' attorneys or insurance agents to negotiate the most favorable settlement offer. Preliminary Conference In a personal-injury lawsuit, your lawyer must prove that negligence on the part of the defendant caused your accident. You must also prove that you suffered injuries from your accident, and that your injuries are a valid reason for financial compensation. It can be a lengthy procedure, but it's at the trial that you will be able to determine if you get the compensation you are entitled to. In a trial before jurors your lawyer will argue for the defendant's responsibility and the need to compensate you for your losses. The defendant will provide evidence to prove that their actions are not connected to the accident. This will stop the defendant from paying for your losses. You must attend a pre-trial meeting before proceeding with the trial. This is the first time that your case has deadlines set by a court. It is also the time where your lawyer will discuss the case with the defense. Preliminary conferences are typically conducted by a judicial registrar, or a member of the court's staff. If the case is handled by New York's Differentiated Case Management Rule, or is otherwise exempt from the Rules the participants are required to attend in person. If a party is unable to attend in person, the convenor may permit them to attend via telephone or online. If your case is part of the Differentiated Case Management Program, an initial meeting also provides an opportunity to determine whether your case falls into one of three categories – expedited standard or complex. Bill of Particulars After a summons or complaint are filed, the defendant parties named in the lawsuit have the option of having twenty or thirty days to submit an Answer (although this deadline may be extended if the court gives permission). Once the Answer is filed, the case enters what is called the discovery phase. During this stage both parties exchange information via written demands for discovery and depositions. Garden Grove injury lawsuits prepares a Bill of Particulars at the end of discovery. This document outlines legal 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 they can prepare effectively for trial. The court must examine the Bill of Particulars before it is allowed to be enforced. Generally speaking, the court will only comply with a Bill of Particulars that is not vague or overly broad. A Bill of Particulars should be limited to the specific acts of negligence being claimed and should not add new claims. For instance, in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. In 1994, the court affirmed a motion to strike any references to willful or intentional acts in a medical malpractice case. The court will not allow a new theory to be introduced at an point in the case that is unreasonably late. To avoid causing prejudice, an amendment made late to a Bill of Particulars must be supported by an affidavit which provides a reasonable explanation for the tardiness of the amendment. Physical Exam If a defense attorney or insurance company requests that you attend an Independent Medical Examination (IME), your natural first instinct might be to ask the reason why a doctor who does not know you and your medical history and the details of your accident is being required to conduct an examination. However, this kind of examination is actually an obligation under Washington law and could be beneficial in your case. IMEs are typically conducted by doctors hired by the insurer of the defendant. Their goal is to offer a different view of your injuries. These doctors, often referred to as “independent”, have their own agendas and financial stakes in reducing the amount of compensation that can be awarded to injured victims. If you choose 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 to the doctor to examine. Your lawyer will be present during the IME to ensure that the questions posed by the doctor are consistent with your medical records. It is essential to avoid playing around with the severity of your injuries to the doctors, since they are trained to recognize the deceit and may use this information against you at trial.