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What is a Personal Injury Lawsuit? You could be eligible for compensation if you have been injured due to the actions or inactions of another person. To learn more about your legal rights to pursue compensation, consult a knowledgeable personal injury lawyer. A personal injury lawsuit is a civil litigant where the plaintiff seeks compensation for their losses. This can include medical bills as well as lost wages and property damage. The process can last between a few months and several years. Miami Beach injury attorney is a process to compel a person or entity to pay you money for damages related to an accident. The plaintiff is the victim and the defendants are responsible. Personal injury cases can include the wrongful death of a person who dies due to the inattention or negligence of others. The damages of a victim are typically divided into two categories that are punitive and compensatory. Compensatory damages are intended to make the victim whole for good, including out-of-pocket costs such as medical expenses as well as compensation for pain and suffering. Punitive damages, which are very rare and are designed to punish the wrongdoer if they have committed extreme crimes. This category covers all expenses incurred as a result of the accident or injury. These might include doctor's bills or hospital costs, as well as physical therapy expenses. Certain claims could also include additional costs, like the cost of travel to and from appointments, or home modifications to accommodate a permanent disability. Non-economic damages can also be described as “pain and suffer” damages. These damages are harder to quantify, and include the emotional stress and mental stress that an accident can cause. Depending on the severity of your injuries, your lawyer will assist you to estimate the value of these damages. This might be based on your capacity to continue enjoying the activities you used to do or your loss of connection with family members. Statute of limitations Under a legal rule called the statute of limitations, anyone who suffers injury as a result of an accident must file a lawsuit within a specified time or the claim will be rejected by the courts. This is to prevent evidence from being lost or forgotten, and to stop people from carrying out litigation relating to incidents 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 time limit. There are some exceptions to the time period for filing a claim. If you require assistance determining if your case falls within one of these exceptions, it is recommended that you seek legal advice. A key aspect of the statute of limitations is that it is only applicable to the filing of an action in court. Many injury cases are resolved through the process of filing an insurance claim and do not require formal lawsuit filing. It is nevertheless essential to allow yourself sufficient time to file a lawsuit in the event that insurance negotiations do not go as planned or if there is a problem which cannot be resolved through insurance. Certain circumstances may stop the clock on the statute of limitations, however they are rare and need to be assessed on a case-by case basis. The statute of limitations may 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 that are made against municipalities. Complaint A personal injury lawsuit is brought by the victim against the person who caused the injury. It claims 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 complaint is the first document that is filed in a personal injury case. It includes specific allegations about the incident that led to your injuries and the damages you want. It also includes the “prayer for relief” that outlines what you want the court to do. The complaint must be served to the defendant with a summons that is a notice that they are being sued. The defendant must respond to the complaint within certain time frames and either accept or deny all allegations contained in the complaint. The defendant may also bring a counterclaim against plaintiff or bring in a different defendant as a third-party defendant. A successful personal injury lawsuit relies on solid evidence such as medical records and testimony from witnesses. We work closely together with our clients to collect the relevant information and incorporate it in the case. The evidence we have will also assist us in negotiate with the defendants' attorneys or insurance companies to obtain the best settlement offer. Preliminary Conference In a personal injury lawsuit the attorney for you must prove that the defendant's negligence caused your accident. You must also prove that you suffered injuries as a result of your accident, and that those injuries warrant financial compensation. It can be a lengthy process, but the trial is when you will be able to determine if you'll get the damages you're entitled to. In a jury trial your lawyer will argue that the defendant is liable and has to pay for your losses. The defendant will provide evidence to prove that their actions are not connected to the accident. This will prevent the defendant from paying for your losses. You must attend a pre-trial conference before you can proceed with the trial. This is the first time that your case will be subject to deadlines imposed by a court. It is also the time when your lawyer will discuss the case with the defense. A judicial registrar, or an individual of the court's staff, typically holds preliminary conferences. Unless the case is being handled by New York's Differentiated Case Management Rule, or is otherwise exempt from the Rules All parties are required to be present in person. However, if a party is unable to attend in person, they are able to take part via phone or online with the permission of the convenor. If your case will be part of the Differentiated Case Management Program, a preliminary meeting is also an opportunity to determine if your case falls within one of three categories namely advanced standard or complex. Bill of Particulars After the summons and complaint are filed, the defendants named in the lawsuit will have twenty to thirty days (although this time frame may be extended by the court). When the Answer is filed, the case enters what is known as the discovery phase. During this phase both parties exchange information through written demands for discovery and depositions. After the discovery process is concluded The attorney for the plaintiff prepares what is known as a Bill of Particulars. This document provides the legal claims being made as well as the relief sought, usually the award of damages in cash. The Bill of Particulars is meant to inform the defendant of the specific legal claims made, so that they can prepare for trial. Before a Bill of Particulars can be accepted, it must be scrutinized by the court. In general, a court will only abide by a 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 include any 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. 1994), the court sustained the motion to strike all references to willful and intentional actions from a medical malpractice claim. The court will also not allow a new doctrine to be added at a point in the action that is unreasonable late. To avoid causing prejudice any late amendment to the Bill of Particulars must be supported by an affidavit which gives a reasonable explanation of the lateness of this amendment. Physical Exam When a defense attorney or insurance company requests that you attend an Independent Medical Examination (IME), your natural first instinct might be to ask why a doctor who does not know you and your medical history and the particulars of your injury is required to conduct an examination. This type of exam, which is required by Washington law, could be beneficial to your case. IMEs are usually performed by doctors who are employed by the defendant’s insurance company. Their goal is to offer a different perspective on your injuries. These doctors, who are sometimes called “independent”, have their own agendas and financial interests in reducing the amount of compensation that can be given to victims of injuries. Your Orange County personal injury attorney will make sure you know what you can expect from an IME and will provide an IME doctor with a copy of all pertinent medical records. Your lawyer will also be present at the IME and will make sure that you are being examined fairly by ensuring that the doctors ' questions aren't divergent from the ones you have in your medical records. It is crucial to not play around with the severity of your injuries to these doctors, as they are trained to recognize fraud and could make use of this information against you at trial.