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What is Charlotte injury lawsuit ? If you have been injured due to another's actions or inactions, you may be able to recover compensation. To learn more about your legal rights to pursue compensation, consult a knowledgeable personal injury lawyer. A personal injury lawsuit is civil dispute in which the plaintiff seeks compensation for their loss. This can include medical bills as well as lost wages and property damage. The process can take several months to several years. Damages A personal injury lawsuit is a process to force another person or entity to pay you money for damages related to an accident. The person who is injured is referred to as the plaintiff, while the parties responsible are referred to as defendants. Personal injury cases may 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: compensatory and punitive. Compensation damages can include medical bills, pain and suffering compensation and other out-of pocket expenses. Punitive damages are not common and designed to punish the offender for extreme behavior. The first category of damages is typically referred to as “economic damages.” This includes all out-of-pocket expenses associated with the accident and injuries. These might include doctor's bills as well as hospital expenses and physical therapy expenses. In some cases additional expenses, such as the cost of travel to and from appointments or changes to your home due to permanent disabilities can be included in an insurance claim. Non-economic losses are often described as “pain and suffering” damages. These are more difficult to quantify and involve the emotional distress, mental anxiety and suffering that accidents can cause. Depending on the severity of your injuries your lawyer can help you determine the value of the damages. This could be based on your capacity to continue enjoying the activities you were previously able to enjoy or your loss of connection with family members. Statute of limitations In a legal rule known as the statute of limitations, any person who suffers an injury in an accident must bring a lawsuit within a specified time 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 from state to state however, personal injury claims typically have a two-to four-year time limit. There are some exceptions to the time to file an injury claim. If you require assistance determining if your case falls within one of these exceptions, it is best to seek legal advice. The statute of limitations applies only to lawsuits filed in court. A majority of injuries cases are resolved through the insurance claim process and do not require a formal lawsuit filing. Even so, it is crucial to give yourself enough time to file a lawsuit in the event that negotiations don't follow the plan or there is a problem that cannot be addressed by the insurance system. Certain circumstances can stop the clock of the statute of limitations however, these situations are extremely rare and need to be analyzed on an individual case-by-case basis. For instance the statute of limitations might not start running until a victim has discovered or should have reasonably discovered that their injuries were caused by a negligent actions, 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 party who caused the injury. The plaintiff claims that the defendant breached their duty of care and that the breach caused harm and losses for the plaintiff. The defendant is held accountable for the losses. The complaint is the primary document that is filed in a personal injury lawsuit. It provides detailed details concerning the incident that led to your injuries, and the damages you want. The complaint also contains the “prayer of relief” which describes what you would like the court to do. The complaint must be served on the defendant, along with a summons, which is a notice that they are being sued. After the complaint is filed, the defendant must submit an answer to the complaint within a specified timeframe, and may either deny or admit the allegations made in the complaint. The defendant can also file a counterclaim, or add a third party defendant to the case by naming a third party defendant. A successful personal injury lawsuit is built on solid evidence, such as medical records and witness testimony. We work closely with our clients to ensure that all relevant information is gathered and included in the case. The evidence we gather will also assist us in negotiate with defendants' lawyers or insurance agents to get the best possible settlement offer. Preliminary Conference In a personal-injury lawsuit your lawyer must show that negligence on the part of the defendant caused your accident. You must also prove you were injured in the accident and that these injuries are worth the amount of financial compensation. It's not an easy procedure, but it's at the trial that you will find out if you get the compensation you are entitled to. In the case of a trial before jurors, your lawyer will argue the defendant's liability and that they must pay for your losses. The defendant will present evidence to prove that their actions were not related to the accident. This will prevent 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 has deadlines set by a judge. It is also the time where your attorney will discuss the case with the defense. A judicial registrar, or an official of the court staff typically holds preliminary conferences. If the case is handled under New York's Differentiated Case Management Rule, or if it is exempted from the Rules, all participants are required to attend in person. However, if a party cannot attend in person, they may participate via phone or internet 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 within one of three categories – advanced standard or complex. Bill of Particulars After the complaint and summons have been filed, the defendants named in the lawsuit will be given between twenty and thirty days (although this timeframe can be extended by the court). When the Answer is filed, the case moves into what is called the discovery phase. During this phase the parties exchange information through written discovery demands and depositions. At the conclusion of discovery The attorney for the plaintiff prepares what is known as a Bill of Particulars. The document details legal claims and the relief sought – typically 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 he or she is able to effectively prepare for trial. Before a Bill of Particulars can be followed, it must be reviewed by the court. In general, courts will only accept a Bill of Particulars that is not vague or overly broad. A Bill of Particulars must only include the specific acts of negligence that are being claimed and must not include 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 the reference to willful or deliberate acts in a medical negligence case. In the same way, the court will not allow addition of a new theory of recovery at an unreasonable late point in the action. To avoid causing prejudice an amendment made late to the Bill of Particulars must be supported by an affidavit which gives a reasonable explanation for the lateness of this amendment. Physical Exam You might be wondering why a doctor who doesn't know you or your medical history and isn't familiar with the details of your incident, would be asked to conduct a medical exam. But, this type of examination is actually required under Washington law, and it could be beneficial in your case. IMEs are typically conducted by doctors employed by the insurer of the defendant. Their goal is to provide an alternative perspective on your injuries. While they are sometimes called “independent,” these physicians – just like the insurance companies have their own agendas and financial interest in decreasing the amount of compensation that may be given to a victim of injury. If you decide to go through an IME the Orange County personal injury lawyer will ensure that you are aware of what to expect and provide a copy of all relevant medical records for the doctor to review. Your lawyer will also be present at the IME and will ensure 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 these doctors. They are trained to spot fraudulent behavior, and can make use of this information in a trial.