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What is a Personal Injury Lawsuit?

You may be entitled to compensation if were injured as a result of the actions or inactions of a third party. To learn more about your legal rights, contact an experienced personal injury lawyer.

A personal Injury Lawyers Alabama lawsuit is civil litigation where the plaintiff seeks compensation for their losses. This can include medical bills or lost wages, as well as property damage. The process can take anywhere from a few months to several years.

Damages

A personal injury lawsuit is a legal action that is used to compel another person, or entity to compensate you for the damages that result from an accident. The plaintiff is the injured party, and the defendants are the ones responsible. Personal injury cases can include cases of wrongful death when someone dies because of the negligence or wrongdoing of others.

A victim's damages are typically divided into two categories that are punitive and compensatory. Compensation damages are designed to help the victim get back on track for good, including out-of-pocket costs such as medical expenses and compensation for suffering and pain. Punitive damages, which are not common and are intended to punish the wrongdoer if they have committed extreme crimes.

This category covers all costs that result from the accident or injury. This could include doctor's fees or hospital costs, as well as physical therapy expenses. Some claims may also include additional costs, like the cost of travel to and from appointments, Injury Lawyers Alabama or modifications to your home to accommodate a disability that is permanent.

Non-economic damages are also described as "pain and suffer" damages. They are more difficult to quantify and include the mental and emotional stress, anxiety and suffering that an accident can cause. Based on the severity of your injuries, your lawyer can help you determine the value of the damages. This could be based on the ability to carry out the things you did before or your loss in consortium with family.

Statute of Limitations

In a legal rule known as the statute of limitations, anyone who is injured in an accident must bring a lawsuit within a specific time period or else their claim will be rejected by the courts. This is to safeguard evidence from being lost or forgotten and to prevent people from dragging out litigation related to an incident for a long time.

The exact length of time for filing a claim is different between states, however personal injury claims generally have a two- to four-year time limit. However, there are exceptions that could extend the time that a victim must file their claim and they should seek legal advice for assistance in to determine if your case falls under one of these exceptions.

The statute of limitations is only applicable to lawsuits filed in the court. A majority of injuries cases are resolved through the process of filing an insurance claim and do not require a formal lawsuit filing. It is important to allow yourself enough time to start a lawsuit in the event that insurance negotiations aren't as smooth as you had hoped, or if a problem arises that cannot be resolved with insurance.

Certain circumstances may stop the clock on the statute of limitations, but they are not common and have to be evaluated 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 was caused by another's negligence. In certain states, such as New York, it is different for claims against municipalities.

Complaint

A personal injury lawsuit is brought by the victim against the person who caused the injury. The plaintiff claims that the defendant violated their duty of care and that this breach resulted in damage and losses for the plaintiff. The defendant is then accountable for the damages.

The complaint is the primary document that you file in a personal injury lawsuit. It includes specific allegations concerning the incident that led to your injuries, and the damages you are seeking. The complaint also contains an "prayer of relief" that outlines what you want the court to do. The complaint must be served on the defendant, along with a summons which is a notification that they are being sued.

After the complaint is filed, the defendant must submit an answer to the complaint within a specified time frame, and may either deny or admit the allegations in the complaint. The defendant can also file 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 of the defendant or insurance representatives to get the most favorable settlement offer.

Preliminary Conference

In a personal-injury case the lawyer for you must prove that negligence on the part of the defendant caused your accident. You must also prove that you suffered injuries in your accident and that your injuries are worthy of financial compensation.

This can be a long process, but the trial is where you will be able to determine if you'll be awarded the damages you deserve. In a jury trial your lawyer will argue that the defendant is accountable and is required to compensate you for the losses you suffered. The defendant will present evidence that their actions are not related to the accident, which will prevent them from having to compensate you for your losses.

You must attend a pre-trial discussion before proceeding with the trial. This is the first time your case has deadlines set by a court. This is also the time when your attorney will discuss the case with the defense.

A judicial registrar, also known as a member from the court 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 the participants are required to attend in person. If, however, a person is unable to attend in person, they may take part via phone or online with the permission of the convenor. If your case is part of the Differentiated Case Management Program, an initial meeting also provides an opportunity to determine if your case falls under one of three categories - expedited standard or complex.

Bill of Particulars

After the summons and complaint are filed, the defendants named in the lawsuit will be given twenty to thirty days (although this deadline can be extended by the court). After the Answer has been filed, the matter moves into what is called the discovery phase. In this period both sides exchange information in the form of written demands for discovery and depositions.

After the discovery process is concluded, the plaintiff's attorney prepares what is called a Bill of Particulars. This document provides the legal claims that are being made and the relief requested - typically an award of money damages. The Bill of Particulars is meant to inform the defendant of the specific legal claims made, to help them prepare for trial.

Before a Bill of Particulars can be accepted, it must be examined by the court. Generally, the court will only comply with a Bill of Particulars that is not overbroad or vague. A Bill of Particulars must only include the specific acts of neglect that are being claimed, and not add any new claims. For example in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. 1994) The court ruled in favor of the motion to strike references to intentional and willful acts from a medical negligence claim.

The court will also not allow a new theory to be added at any point in the case that is unreasonable late. To avoid prejudice, a belated amendment to a Bill of Particulars should only be allowed if accompanied by an affidavit that provides an adequate explanation for the lateness of the amendment.

Physical Exam

When a defense attorney or insurance company asks you to take part in an Independent Medical Examination (IME) Your first reaction may be to question why a doctor who does not know you and your medical history and the particulars of your accident is being requested to conduct an exam. However, this kind of examination is actually a requirement under Washington law, and it can be helpful in your case.

Typically, IMEs are conducted by medical doctors who are employed by the insurance company representing the defendant and aim to offer a different view of your injuries. These physicians, who are sometimes called "independent" are able to have their own agendas and financial interests in reducing the amount of compensation that is awarded to injured victims.

Your Orange County personal injury attorney will ensure that you are aware of what you can expect from an IME and will give a copy to the doctor of all relevant medical records. Your lawyer will be present during the IME to make sure that the questions asked by the doctor are consistent with your medical records. It is crucial to avoid playing around with the extent of your injuries with these doctors, as they are trained to spot dishonesty and may utilize this information against you in trial.