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What is Fort Wayne injury lawsuits ? If you have been injured through the actions or inactions, you may be entitled to compensation. Contact an experienced personal injury lawyer to find out more about your rights. A personal injury lawsuit is a civil dispute in which the plaintiff seeks money to cover their losses, such as medical bills, lost wages damages to property and other expenses. The process can take anywhere from several months to a few years. Damages A personal injury lawsuit is a process to compel a person or entity to pay compensation for the damage caused by an accident. The plaintiff is the one who was injured and the defendants are the parties responsible. Personal injury cases can include cases of wrongful death when someone dies because of the negligence or wrongful actions of others. The damages a victim suffers are usually divided into two categories which are: punitive and compensatory. Compensation damages are based on medical bills as well as pain and suffering compensation, and other out-of-pocket expenses. Punitive damages, which are not common, are meant to punish the wrongdoer if they have committed extreme crimes. The first category of damages is often referred to as “economic damages.” This includes any out-of-pocket costs resulting from the accident and injuries. These may include hospital expenses medical expenses, doctor's charges and physical therapy costs. In some cases, additional expenses like the cost of travelling to and from appointments, or modifications to your home for permanent disabilities may be included in the claim. Non-economic damage can also be called “pain and suffer” damages. They are more difficult to quantify and include the emotional distress, mental anguish and suffering that accidents can cause. Your lawyer can help you value these damages based on the severity of your injuries. This may be based on your ability to carry out the things you were previously able to do or your loss of consortium with family. Statute of limitations A legal requirement, known as the statute of limitations, any person who suffers injury as a result of an accident must file a lawsuit within a certain time frame or else their claim will be rejected by the courts. 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 duration of the time limit varies from one state to another, but the majority of personal injury claims have a limit of between two and four years. There are certain exceptions to the to file an injury claim. If you need assistance in determining whether your case falls within one of these exceptions, then it is recommended to seek legal advice. One of the main facets of the statute of limitations is that it only applies to the filing of a lawsuit in court. Insurance claims are often used to resolve injuries and do not require formal lawsuits. It is still important to give yourself enough time to bring a lawsuit in the event that insurance negotiations aren't as smooth as you had hoped, or if there is a problem that is not resolved by insurance. Certain circumstances may stop the clock on the statute of limitations, however they are rare and need to be considered on a case-by case basis. For example, the statute of limitations may not begin to run until a victim has discovered or reasonably should have discovered that their injury was caused by someone else's negligent actions. In certain states, like New York, the statute of limitations is different for claims against municipalities. Complaint A personal injury lawsuit is a civil suit initiated by a victim against the person or entity who caused the injury. It claims that the defendant violated a duty of care, that this breach caused harm and loss to the plaintiff, and that the defendant should be held accountable for the losses. The complaint is the primary document that you file in a personal injury case. It includes specific allegations concerning the incident that caused your injuries, and the damages you are seeking. The complaint also contains an “prayer of relief” which outlines what you want the court to do. The summons and complaint should be delivered to the defendant. After the complaint is filed, the defendant must respond to the complaint within a certain timeframe, and may either deny or admit the allegations made 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 depends on solid evidence including medical documents and testimony from witnesses. We work closely with our clients to ensure that all relevant information is gathered and included in the case. The evidence will also help us negotiate with the defendant's attorneys or insurance agents to obtain the best settlement possible. Preliminary Conference In a personal-injury lawsuit the lawyer for you must prove that negligence on the part of the defendant caused your accident. You must also prove you suffered injuries in your accident and that the injuries are worthy of financial compensation. This can be a long process however, the trial is when you can finally determine whether you'll be awarded the damages you deserve. In a trial before a jury, your lawyer will argue the defendant's liability and that they must compensate you for your losses. The defendant will present evidence that their actions do not contribute to the accident, which prevents them from having to reimburse you for your losses. You must attend a pre-trial conference prior to proceeding with the trial. This is often the first time your case will have deadlines that are set by the Court itself. It is also the time when your attorney will discuss the case with the defense. A judicial registrar, also known as an individual of the court's staff, usually conducts preliminary conferences. All parties must attend the preliminary conference in person unless the case has been handled by the New York's Differentiated Case Management Rule or the Rules are otherwise exempted. If a party is unable to attend in person, the convenor can permit them to participate via phone or online. 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: expedited standard or complex. Bill of Particulars After a complaint and summons are filed, the defendants named in the lawsuit have twenty or thirty days to respond (although this deadline can be extended if the court gives consent). After the Answer is filed, the case enters what is called the discovery phase. In this phase the parties exchange information through written discovery demands and depositions. At the conclusion of discovery, the plaintiff's attorney prepares what is called a Bill of Particulars. This document outlines legal claims and the relief sought, usually an award of money damages. The Bill of Particulars is intended to inform the defendant notice of the specific legal claims being made, so that he or she can effectively prepare for trial. Before a Bill of Particulars can be accepted, it must be examined by the court. In general, courts will only accept a Bill of Particulars that is not vague or broad. A Bill of Particulars must only include the specific acts of neglect that are being alleged, and not add any new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ) for instance was a case in which the court found that the plaintiff was not negligent. 1994) The court ruled in favor of a 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 introduced at a stage in the litigation that is unreasonable late. To avoid adverse consequences, a late amendment to a Bill of Particulars should only be allowed when supported by an affidavit stating an acceptable explanation for the lateness of the amendment. Physical Exam When a defense attorney or insurance company asks you to attend an Independent Medical Examination (IME) Your first reaction may be to question why a doctor who does not know you or your medical history and the particulars of your injury is required to conduct an examination. But, this type of examination is actually required under Washington law, and it could be beneficial to your case. IMEs are usually conducted by doctors employed by the insurer of the defendant. They are there to provide an alternative view of your injuries. These physicians, who are sometimes referred to as “independent” and have their own agendas and financial stakes in reducing the amount of compensation which can be given to victims of injuries. If you choose to undergo an IME, your Orange County personal injury lawyer will make sure that you are fully informed about what to expect and 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 asked by the doctor are consistent with your medical records. It is not advisable to downplay or exaggerate the severity of your injury to these doctors. They are trained to spot fraudulent behavior, and can make use of this information in a trial.