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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 a seasoned personal injury lawyer to find out more about your rights. A personal injury lawsuit is a civil litigation 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 process that is used to force another person or entity to pay you for damages resulting from an accident. The plaintiff is the victim and the defendants are the parties responsible. When someone dies as a result of carelessness or infractions committed by others In wrongful deaths, the case can be included in personal injury lawsuits. Damages are typically classified into two categories: punitive and compensatory. Compensation damages can include medical bills as well as pain and loss compensation, and other out of pocket expenses. Punitive damages, which are not common and are intended to punish the perpetrator when they have committed a number of extreme actions. The first category of damages is usually referred to as “economic damages.” This is the term used to describe any out-of-pocket costs resulting from the accident or injury. These might include doctor's bills as well as hospital expenses and physical therapy costs. Some claims could also cover additional costs, like the cost of travel to and from appointments or modifications to your home to accommodate a disability that is permanent. Non-economic losses are often described as “pain and suffering” damages. Hillsboro injury lawyers are harder to quantify, and include the emotional distress and mental stress that an accident can cause. Your lawyer can help you evaluate these damages based upon the severity of your injury. It could be based on your capacity to enjoy activities you were previously able to enjoy or your loss of consortium with family members. Statute of limitations A legal rule known as the statute of limitation obliges anyone injured in an accident file an action within a specified date or else their claim will be dismissed. This is done to prevent evidence from being lost or lost and to stop individuals from dragging litigation relating to incidents out for an indefinite period. The exact duration of the time limit is different from one state to another, but the majority of personal injury lawsuits have a time frame of between two and four years. There are certain exceptions to the time to file an injury claim. If you require assistance to determine if your claim falls under one of these exceptions, then it is recommended to seek legal advice. One of the most important aspects of the statute of limitations is that it only applies to the filing of an action in a court. Many cases of injury are resolved through the process of filing an insurance claim and do not require formal lawsuit filing. However, it is crucial to give yourself enough time to pursue legal action just in case insurance negotiations fail to take place as planned or if an issue arises that can't be addressed by the insurance system. Certain circumstances can stop the clock of the statute of limitations however these cases are extremely rare and need to be considered on an individual case-by-case basis. For instance, the statute of limitations may not start to run until the victim discovers or ought to have realized that their injury was caused by another person's negligence, and in certain states, like New York, the statute of limitations differs for claims against municipalities. Complaint A personal injury lawsuit is filed by the victim against the person who caused the injury. The plaintiff claims that the defendant violated a duty of care, and that the breach caused harm and loss to the plaintiff and that the defendant is accountable for the damages. The first document you file with a personal injury lawsuit is referred to as the complaint. It includes specific allegations regarding the incident that caused your injuries. It also outlines the damages you seek. It also contains a “prayer for relief” that describes what you would like the court to do. The complaint and summons must be delivered to the defendant. The defendant must respond to the complaint within a set of time frames and either accept or deny all the allegations in the complaint. The defendant may also file a counterclaim or add another defendant to the case by naming third party defendant. A successful personal injury lawsuit is built on solid evidence, which includes medical records and witness testimony. We work closely with our clients to gather all relevant information and include it in the case. The evidence can also help us negotiate with the defendant's attorneys or insurance agents to obtain the best settlement possible. Preliminary Conference In a personal injury case the attorney for you must prove that the negligence of the defendant led to your accident. You must be able to prove that you sustained injuries from your accident, and that the injuries you sustained are worthy of financial compensation. It can be a lengthy process, but it is at the trial that you will finally know if you will receive the damages you deserve. In a trial before a jury, your lawyer will argue that the defendant is accountable and has to pay for the losses you suffered. The defendant will present evidence to prove that their actions were unrelated to the accident. This will stop them from settling your losses. You must attend a pre-trial meeting before you can proceed with the trial. This is the first time that your case is subject to deadlines set by a judge. It is also the time that your attorney will discuss the case with the defense. Preliminary conferences are usually conducted by a judicial registrar, or someone on the court's staff. If the case is handled by New York's Differentiated Case Management Rule, or if it is exempted from the Rules the parties are required to be present in person. If a party is unable to attend in person, the convenor may permit them to participate via phone or via the internet. If your case will be part of the Differentiated Case Management Program, the initial meeting provides an opportunity to determine if your case falls into one of three categories – advanced standard or complex. Bill of Particulars After the complaint and summons are filed, the defendants named in the lawsuit will be given between twenty and thirty days (although this timeframe may be extended by the court). Once the Answer is filed, the case is moved to what is known as the discovery phase. In this phase both sides exchange information in the form of written demands for discovery and depositions. After the discovery process is concluded the attorney representing the plaintiff drafts what is called a Bill of Particulars. This document outlines the legal claims being made as well as the relief requested – 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 they is able to effectively prepare for trial. Before a Bill of Particulars can be followed, it must be examined by the court. In general, the court will only abide by the Bill of Particulars if it is not vague or broad. A Bill of Particulars must only include the specific acts of neglect that are being alleged, and not add any new claims. For example, in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. In 1994, the court affirmed the motion to strike all references to intentional or willful actions in a medical malpractice case. The court will also not allow a new theory to be introduced at a point in the case that is unreasonably late. To avoid negative consequences, an amendment made late to the Bill of Particulars should only be allowed if accompanied by an affidavit that provides an adequate explanation for the delay in the amendment. Physical Examination You might be wondering the reason why a doctor, who isn't familiar with you or your medical history, and isn't familiar with the specifics of your incident, would be asked to conduct a medical examination. However, this kind of exam is actually required under Washington law and could be beneficial to your case. IMEs are typically conducted by doctors hired by the insurance company of the defendant. They are there to offer a different perspective on your injuries. While they are sometimes called “independent,” these physicians as well as insurance companies – have their own agenda and financial interest in cutting down on the amount of compensation that can be given to a victim of injury. If you decide to undergo an IME, your Orange County personal injury lawyer will ensure that you are aware of what to expect. They will provide copies of all relevant medical records to the doctor to examine. Your lawyer will also be present at the IME and will make sure that you are being examined with respect and courtesy by ensuring that doctors questions do not deviate from those in your medical records. Do not underplay or exaggerate the severity of your injuries to the doctors. They are trained to spot fraudulent behavior, and can make use of this information in a trial.