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What is a Personal Injury Lawsuit?
You could be eligible for compensation if you have suffered injuries due to the actions or inactions of someone else. Contact an experienced personal injury lawyer to learn more about your rights.
Vancouver injury attorney is a civil dispute in which the plaintiff seeks money to compensate for their losses, such as medical bills, lost wages property damage and other expenses. The process can last from a few months to a few years.
Damages
A personal injury lawsuit is a process to compel another person or entity to pay money for damages related to an accident. The party who suffered the injury is known as the plaintiff while the parties accountable are known as defendants. If someone dies as a result of negligence or wrongdoing by others, wrongful death cases can be included in personal injury lawsuits.
Damages are usually classified into two categories: compensatory and punitive. Compensation damages are based on medical bills, pain and suffering compensation, and other out-of-pocket expenses. Punitive damages are rare and are designed to punish the offender for extreme behavior.
The first category of damages is usually referred to as "economic damages." This is the term used to describe the cost of out-of-pocket expenses incurred due to the accident or injury. These may include hospital expenses medical expenses, doctor's charges and physical therapy costs. Some claims could also cover additional costs, like the cost of travel to and from appointments or home modifications to accommodate a disability that is permanent.
Non-economic damage can also be described as "pain and suffer" damages. These damages are difficult to quantify, and they include the emotional distress and mental stress that an accident can cause. Depending on the severity of your injuries, your lawyer can help you estimate the value of the damages. This may be based on your ability to do activities you used to or your loss in consortium with your family.
Statute of limitations
A legal principle known as the statute of limitations requires that anyone who is injured in an accident file a lawsuit before a certain date or else their claim will be dismissed. This is to protect evidence from being lost or lost in the shuffle and to stop people from carrying out litigation relating to incidents for an indefinite period.
The exact time limit varies from one state to another, but the majority of personal injury lawsuits have a time frame of two to four years. There are certain exceptions to the to file a claim. If you require assistance to determine if your claim falls under one of these exceptions, then it is best to seek legal advice.
The statute of limitations is only applicable to lawsuits filed in court. Insurance claims are typically used to resolve injuries and do not require formal lawsuits. It is still essential to allow yourself sufficient time to bring a lawsuit in the event that negotiations with insurance do not go as planned or if a problem arises which cannot be resolved through insurance.
Certain circumstances may stop the clock on the statute of limitations however, these situations are very rare and have to be analyzed on an individual case-by-case basis. The statute of limitations may not be established until the victim discovers or should have known that the injury was caused by another's negligence. In certain states, like New York, it is different for claims made against municipalities.
Complaint
A personal injury lawsuit is brought by the victim against the party who caused the injury. The plaintiff claims that the defendant violated their duty of care, and that this breach resulted in harm and losses for the plaintiff. The defendant is accountable for the damages.
The first document filed with a personal injury lawsuit is known as the complaint, and it includes specific allegations regarding the incident that caused your injuries. It also outlines the damages you are seeking. The complaint also includes the "prayer of relief" which outlines what you would like the court to do. The summons and complaint must be given to the defendant.
After the complaint is filed, the defendant has to submit an answer to the complaint within a specified timeframe, 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 third-party defendant.
A successful personal injury lawsuit depends on solid evidence such as medical documents and testimony from witnesses. We work closely with our clients to ensure that all relevant information is collected and included in the case. The evidence can also help us negotiate with the attorney for the defendant or insurance representatives to get the most favorable settlement offer.
Preliminary Conference
In a personal injury case your lawyer must show that negligence on the part of the defendant led to your accident. You must also prove you were injured in your accident and that your injuries are worthy of financial compensation.
It can be a lengthy procedure, but it's at the trial that you will be able to determine if you be awarded the compensation you deserve. In a trial before a jury, your lawyer will argue that the defendant is accountable and must pay you for your losses. The defendant will argue that their actions do not contribute to the accident, which will keep them from having to compensate you for your losses.
You must attend a pre-trial conference before you can proceed with the trial. This is typically the first time that your case will be subject to deadlines established by the Court itself. This is also the time when your attorney will discuss the matter with the defense.
Preliminary meetings are usually held by a judicial register or an individual from the court's staff. All participants must attend the preliminary conference in person, unless the case is handled under the New York's Differentiated Case Management Rule or the Rules are otherwise exempted. If a party is not able to attend in person, the convenor is able to permit them to participate via phone or via the internet. If your case is scheduled to be a part of the Differentiated Case Management program, the preliminary conference will provide an opportunity to determine whether your case falls within one of the three categories that are expedited, standard, or complex.
Bill of Particulars
After a complaint and summons are filed, the defendant parties who are named in the lawsuit have either twenty or thirty days in which to respond (although this time frame can be extended if the court gives approval). After the Answer is filed, the case is moved into the discovery phase. During this phase the parties exchange information via written discovery demands and depositions.
After the discovery process is concluded The attorney for the plaintiff prepares what is known as a Bill of Particulars. This document outlines the legal claims being made and the relief sought, usually the award of damages in cash. The Bill of Particulars is intended to inform the defendant notice of the specific legal claims being filed so that he or she can effectively prepare for trial.
Before a Bill of Particulars can be accepted, it must be scrutinized by the court. In general, the court will only be able to abide by a 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 claimed and should not contain new claims. For instance, 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 acts in a medical negligence case.
The court will also not permit a new theory to be added at a point in the action that is unreasonablely late. To avoid prejudice, an amendment made late to the Bill of Particulars must be supported by an affidavit which gives a reasonable explanation for the delay of this amendment.
Physical Examination
If a defense attorney or insurance company requests that you attend an Independent Medical Examination (IME) the first reaction may be to question the reason why a doctor who does not know you or your medical history and the specifics of your incident is required to conduct an examination. This type of examination is required by Washington law, can be beneficial to your case.
IMEs are typically conducted by doctors hired by the defendant’s insurance company. Their goal is to provide an alternative perspective on your injuries. These doctors, often referred to as "independent" and have their own agendas and financial interests in reducing the amount of compensation that is 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. They will provide the complete set of medical records for the doctor to look over. Your lawyer will be present during the IME to ensure that the questions posed by the doctor are in line with your medical records. You should not downplay or exaggerate the severity of your injuries to the doctors. They are trained to spot dishonesty, and could utilize this information in court.