clubpush4

What is a Personal Injury Lawsuit? If you've been hurt due to another's actions or inactions, you could be able to recover compensation. To find out more about your rights under the law, contact an experienced personal injury lawyer. A personal injury lawsuit is civil litigation where the plaintiff seeks compensation for their losses. This can include medical bills, lost wages and property damage. The process can last from a few months to a few years. Damages A personal injury lawsuit is a legal process that is taken to force another person or entity to compensate you compensation for damages caused by an accident. The plaintiff is the injured party and the defendants are accountable. Personal injury cases can include wrongful death claims when someone dies due to the inattention or negligence of others. The damages a victim suffers are usually divided into two categories which are: punitive and compensatory. Rock Hill injury lawsuits include medical bills as well as pain and loss compensation, and other out of pocket expenses. Punitive damages, which are very rare and are intended to punish the perpetrator when they have committed a number of extreme acts. This category covers all costs incurred as a result of the accident or injury. These could include doctor's bills as well as hospital expenses and physical therapy expenses. Some claims may also include additional expenses, such as travel costs to and from appointments or home modifications to accommodate a permanent disability. Non-economic damages are often called “pain and suffering” damages. These are more difficult to quantify and involve the mental and emotional stress, anguish and suffering that accidents can cause. Your lawyer will assist you to evaluate these damages based upon the severity of your injuries. This may be based on your ability to do activities you used to or your loss of a relationship with family. Statute of limitations Under a legal rule called the statute of limitations, any person who suffers injury as a result of an accident must make a claim within a specified time or else their claim will be dismissed by the courts. This is to stop evidence from being forgotten or lost and to stop those who delay bringing litigation related to an incident out for an indefinite period. The exact duration of time is different from state to state but personal injury claims typically have a two-to four-year limit. There are certain exceptions to the to file a claim. If you require assistance determining if your case falls under one of these exceptions, it is best to seek legal advice. The statute of limitations only applies to lawsuits filed in court. Many injury cases are resolved through the insurance claim process and do not require a formal lawsuit filing. It is still important to give yourself enough time to file a lawsuit in the event that negotiations with insurance don't go as planned, or if a problem arises that is not resolved by insurance. Certain circumstances may stop the clock on the statute of limitations however, these situations are rare and generally need to be considered on an individual case-by-case basis. The statute of limitation may not begin until the victim is aware or should have known that the injury resulted from someone else's negligence. In certain states, such as New York, it is different for claims that are made against municipalities. Complaint A personal injury lawsuit is a civil action filed by an injured party against the person or entity that caused the injury. The plaintiff claims that the defendant breached their duty of care and this breach resulted in damage and losses for the plaintiff. The defendant is then held responsible for these damages. The complaint is the primary document that is filed in a personal injury lawsuit. It includes specific allegations regarding the incident that caused your injuries, as well as the damages you want. The complaint also contains the “prayer for relief” that outlines what you want the court to do. The complaint must be served to the defendant with a summons which is a notification that they are being sued. The defendant must respond to the complaint within a set of time limits and either admit or deny the allegations in the complaint. The defendant can also make a counterclaim against the plaintiff or introduce another defendant as third-party defendant. A successful personal injury lawsuit is based on solid evidence, including medical records and witness testimony. We work closely together with our clients to collect all relevant information and then include it in the case. The evidence will also assist us negotiate with the attorney of the defendant or insurance companies to negotiate the most favorable settlement offer. Preliminary Conference In a personal injury lawsuit, your attorney must prove that the negligence of the defendant caused your accident. You must also prove that you suffered injuries in your accident and that your injuries are worth an amount of money. It can be a lengthy process, but the trial is where you'll be able to decide if you'll receive the compensation you're entitled to. In the case of a trial before jurors your lawyer will argue the defendant's responsibility and they will argue that they have to be held accountable for your losses. The defendant will present evidence to prove that their actions were not related to the accident. This will prevent the defendant from paying 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 court. This is also when your lawyer will discuss the matter with the defense. A judicial registrar, also known as an official from the court staff, usually conducts preliminary conferences. All parties must attend the initial conference in person unless the case is handled under New York's Differentiated Case Management Rule or the Rules are otherwise exempted. If a party cannot attend in person, they are able to participate via telephone or on the internet with the approval of the convenor. If your case is to be a part of the Differentiated Case Management program, the preliminary conference will be an opportunity to identify whether your case falls within one of the three classifications that are expedited, standard, or complex. Bill of Particulars After a complaint and summons are filed, the defendant parties named in the lawsuit have the option of having twenty or thirty days to respond (although this deadline can be extended with the court's approval). After the Answer has been filed, the case is moved into the discovery phase. During this phase, both parties exchange information through written discovery demands and depositions. The lawyer for the plaintiff prepares a Bill of Particulars at the end of discovery. This document provides the legal claims being made 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 a Bill of Particulars before it is able to be followed. In general, a court will only abide by the Bill of Particulars if it isn't vague or overly broad. A Bill of Particulars should be limited to the specific negligence that is being asserted and should not include new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ) for instance, was a case where the court found that the plaintiff was not negligent. In 1994, the court upheld the motion to strike all any references to willful or intentional acts in a medical malpractice case. The court will not permit a new theory to be added at any stage in the litigation that is unreasonably late. To avoid causing prejudice a late amendment to a Bill of Particulars must be supported by an affidavit which gives a reasonable explanation of the delay of this amendment. Physical Exam You might be wondering the reason why a doctor, who doesn't know you or your medical history, and isn't familiar with the specifics of your accident, would be asked to conduct a medical exam. However, this type of exam is actually an obligation under Washington law, and it can be helpful in your case. IMEs are usually performed by doctors who are employed by the defendant’s insurance company. Their aim is to provide an alternative view of your injuries. Although they are sometimes called “independent,” these physicians, just like insurance companies – have their own agenda and financial motives in decreasing the amount of compensation that can be awarded to an injured victim. If you decide to undergo an IME the Orange County personal injury lawyer will ensure that you are aware of what to expect and provide copies of all relevant medical records for the doctor to look over. Your lawyer will also be present at the IME and will ensure that you are being treated with respect and courtesy by ensuring that doctors questions do not deviate from the ones you have in your medical records. You should not downplay or exaggerate the severity of your injury to the doctors. They are trained to detect fraudulent behavior, and can make use of this information in a trial.