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What is a Personal Injury Lawsuit? You could be entitled to compensation if were injured as a result of the actions or inactions of another person. To learn more about your legal rights, contact an experienced personal injury lawyer. A personal injury lawsuit is a civil litigant in which the plaintiff seeks compensation for their loss. This can include medical bills, lost wages and property damage. The process can take several months to a few years. Damages A personal injury lawsuit is a legal proceeding that is used to compel another person, or entity to pay you for the damages that result from an accident. The injured party is known as the plaintiff and the responsible parties are called defendants. Personal injury cases can include the wrongful death of a person who dies due to the inattention or negligence of others. Damages are usually divided into two categories: compensatory and punitive. Compensation damages are based on medical bills as well as pain and loss compensation, and other out of pocket expenses. Punitive damages, which are rare and are intended to punish the wrongdoer when they have committed a number of extreme acts. The first category of damages is often called “economic damages.” This is the term used to describe any out-of-pocket costs resulting from the accident or injury. These could include hospital bills as well as doctor's fees and therapy costs. St. Charles injury lawsuit could also cover additional costs, like the cost of travel to and from appointments, or modifications to your home to accommodate a permanent disability. Non-economic losses are often called “pain and suffering” damages. They are more difficult to quantify and are a result of the mental and emotional stress, suffering and anguish that an accident can cause. Depending on the severity of your injuries, your lawyer can help you place a value on these damages. This may be based on your ability to do activities you used to or your loss of a relationship with your family. Statute of Limitations A legal requirement known as the statute of limitation requires that anyone who is injured in an accident must file a lawsuit before a certain date or else the claim will be dismissed. This is to stop evidence from being lost or lost, and also to stop people from dragging incident-related litigation out for a long time. The exact duration of the time limit differs from one state another, but most personal injury lawsuits have a time frame of between two and four years. However there are exceptions that could extend the amount of time that a victim must make a claim, and they should seek legal advice when to determine if your case falls under one of the exceptions. One of the main facets of the statute of limitations is that it applies only to the filing of an action in court. Insurance claims are typically used to settle injury cases and do not require formal lawsuits. However, it is important to leave yourself enough time to pursue legal action in the event that insurance negotiations don't go as planned or an issue arises that cannot be addressed by the insurance system. A few circumstances can pause the clock of the statute of limitations, but these instances are rare and generally need to be analyzed on a case-by-case basis. The statute of limitations might not be established until the victim realizes or should have realized that the injury resulted from someone else's negligence. In some states, such as 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 asserts that the defendant breached their duty of care, and that this breach resulted in harm and losses for the plaintiff. The defendant is held responsible for these damages. The first document filed in a personal injury lawsuit is referred to as the complaint, and it contains detailed allegations about the incident that led to your injuries and outlines the damages you seek. The complaint also includes a “prayer of relief” which describes what you would like the court to do. The complaint must be served to the defendant with a summons, which is a notice that they are being sued. After the complaint is filed, the defendant has to respond to the complaint within a specific time frame, and may either deny or admit the allegations in the complaint. The defendant may also make a counterclaim against the plaintiff or introduce another defendant as a third-party defendant. A successful personal injury lawsuit is based on solid evidence, such as medical records and witness testimony. We collaborate closely with our clients to ensure that all relevant information is gathered and included in the case. The evidence will also help us negotiate with the defendant's attorneys or insurance agents to obtain the most favorable settlement offer. Preliminary Conference In a personal-injury lawsuit your lawyer must show that negligence on the part of the defendant caused your accident. You must also prove that you suffered injuries as a result of your accident, and that your injuries are a valid reason for financial compensation. It can be a lengthy process however, the trial is when you'll be able to decide if you'll be awarded the damages you deserve. In the trial before a jury the lawyer will argue the defendant's responsibility and the need to pay for your losses. The defendant will present evidence that their actions do not contribute to the accident, which prevents them from having to pay you for your losses. You must attend a pre-trial meeting before proceeding with the trial. This is typically the first time your case will have deadlines that are set by the Court itself. This is also the time that your lawyer will discuss the case with the defense. A judicial registrar, or an official from the court staff, typically conducts preliminary conferences. All participants must attend the preliminary conference in person unless the case has been handled in accordance with the New York's Differentiated Case Management Rule or the Rules are otherwise exempted. 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 is going to be a part of the Differentiated Case Management program, an initial conference can provide an opportunity to determine whether your case falls into one of the three categories that are expedited, standard, or complex. Bill of Particulars After the summons and complaint are filed, the defendants named in the lawsuit will have between twenty and thirty days (although this deadline can be extended by the court). After the Answer is filed, the case enters what is known as the discovery phase. During this phase, both parties exchange information via written demands for discovery and depositions. The plaintiff's lawyer prepares the Bill of Particulars at the end of discovery. The document is a legal declaration of claims and the relief sought – typically an award of money damages. 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 prepare effectively for trial. The court must look over the Bill of Particulars before it can be complied with. Generally, the court will only accept a Bill of Particulars that is not overbroad or vague. A Bill of Particulars should be limited to the specific negligence that is being claimed and should not add new claims. For instance, in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. 1994), the court sustained the motion to strike all references to intentional and willful acts from a medical malpractice claim. The court will not allow a new doctrine to be introduced at an point in the action that is unreasonablely late. To avoid negative consequences, an amendment made late to the Bill of Particulars should only be permitted if supported by an affidavit offering an acceptable explanation for the lateness of the amendment. Physical Examination If a defense attorney, or an insurance company demands that you take part in an Independent Medical Examination (IME) Your first reaction may be to question the reason why a doctor who does not know you, your medical history, and the specifics of your incident is requested to conduct an exam. This type of exam is required under Washington law, could be beneficial to your case. IMEs are typically performed by doctors who are employed by the defendant’s insurance company. Their aim is to provide an alternative perspective on your injuries. These physicians, who are sometimes referred to as “independent” and have their own goals and financial interests in reducing the amount of compensation which is given to victims of injuries. Your Orange County personal injury attorney will ensure that you understand what you can expect from an IME and will give the doctor with a copy of all pertinent medical records. Your lawyer will be present during the IME to ensure that the questions asked by the doctor are in accordance with your medical records. You should not downplay or exaggerate the severity of your injuries to these doctors. They are trained to spot dishonesty, and could use this information at trial.