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What is a Personal Injury Lawsuit? If you have been injured due to another's actions or inactions, you could be able to recover compensation. To learn more about your rights under the law get in touch with a seasoned personal injury lawyer. A personal injury lawsuit is a civil dispute where the plaintiff seeks compensation for their loss. This includes medical bills or lost wages, as well as property damage. The process can take anywhere from several months to several years. Damages A personal injury lawsuit is a legal action that is used to force another individual or entity, to pay you for the damages that result from an accident. The party who suffered the injury is known as the plaintiff while the parties accountable are known as defendants. Personal injury cases can also include wrongful death claims when someone dies because of the negligence or wrongdoing of others. Damages are usually classified into two categories: compensatory and punitive. Compensation damages are designed to make the victim whole for good, including out-of-pocket costs such as medical bills and compensation for pain and suffering. Punitive damages are uncommon and are designed to punish the perpetrator for their extreme behavior. The first type of damages is often called “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, doctor's fees and physical therapy costs. Some claims may also include additional costs, like travel costs to and from appointments, or modifications to your home to accommodate a disability that is permanent. Non-economic damage can also be called “pain and suffer” damages. They are more difficult to quantify and involve the mental and emotional stress, suffering and anguish that an accident can cause. Based on the severity of your injuries, your lawyer will assist you to determine the value of the damages. This could be based on your capacity to enjoy activities you previously enjoyed or the loss of your relationship with family members. Statute of Limitations In a legal rule known as the statute of limitations, any person who is injured in an accident must bring a lawsuit within a certain time frame or else their claim will be dismissed by the courts. This is done to prevent evidence from being forgotten or lost, and also to stop people from dragging incident-related litigation out for an indefinite period. The exact length of time for filing a claim varies between states, however personal injury claims generally have a two- to four-year time limit. However there are exceptions that may prolong the time a victim has to make a claim, and they should seek legal advice when determining whether or not their case falls within one of the exceptions. The statute of limitations applies only to lawsuits that are filed in court. Many cases of injury are resolved through the insurance claim process 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 which cannot be resolved through insurance. Certain circumstances can stop the clock on the statute of limitations, however they are extremely rare and have to be considered on a case by case basis. The statute of limitations might 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 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 this breach caused harm and losses for the plaintiff. The defendant is then held responsible for these damages. The complaint is the initial document that you file in a personal injury case. It contains detailed allegations regarding the incident that caused your injuries and the damages you want. The complaint also contains an “prayer of relief” that outlines what you want the court to do. The summons and complaint should be delivered to the defendant. The defendant must respond to the complaint within certain deadlines and either admit or deny all allegations contained in the complaint. The defendant can also bring a counterclaim against plaintiff or introduce another defendant as third-party defendant. A successful personal injury lawsuit is based on solid evidence such as medical documents and testimony from witnesses. We collaborate closely with our clients to ensure that all relevant information is gathered and included in the case. The evidence will also assist us negotiate with the attorney for the defendant 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 that you were injured in the accident and that these injuries are worth the amount of financial compensation. It can be a lengthy procedure, but it's at the trial that you will finally know if you will get the compensation you are entitled to. In the case of a trial before jurors, your lawyer will argue the defendant's responsibility and they will argue that they have to pay for your losses. The defendant will provide evidence that their actions are not related to the accident, which will prevent them from having to pay you for your losses. Before proceeding to trial you must attend a preliminaries conference. This is the first time that your case is subject to deadlines set by a judge. This is also the time when your attorney will discuss the issue with the defense. Preliminary conferences are typically conducted by a judicial registrar or a member of the court's staff. All parties must attend the preliminary conference in person unless the case is handled by 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 attend via phone or via the internet. If your case is 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: complicated or expedited standard. Bill of Particulars After the summons and complaint have been filed, defendants named in the lawsuit will have twenty to thirty days (although this timeframe can be extended by the court). After the Answer is filed, the matter moves into what is called the discovery phase. In this phase the parties exchange information via written discovery demands and depositions. Following the conclusion of discovery The attorney for the plaintiff prepares what is known as a Bill of Particulars. The document details the legal claims being made and the relief requested – 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 they can effectively prepare for trial. Before a Bill of Particulars can be accepted, it must be reviewed by the court. In general, a court will only be able to abide by the Bill of Particulars if it isn't vague or overly broad. A Bill of Particulars should be limited to the specific acts of negligence being claimed and should not add 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 had not been negligent. 1994) The court ruled in favor of the motion to strike all references to willful and intentional actions from a medical malpractice claim. The court will not permit a new theory to be introduced at an stage in the litigation that is unreasonably late. In Decatur injury attorney to avoid resultant prejudice, a belated amendment to the Bill of Particulars should only be permitted if supported by an affidavit offering an acceptable explanation for the delay in the amendment. Physical Exam If a defense attorney or insurance company demands that you take part in an Independent Medical Examination (IME), your natural first instinct might be to ask why a doctor who does not know you or your medical history and the specifics of your injury is asked to conduct an exam. However, this kind of examination is actually a requirement under Washington law, and it can be helpful to your case. IMEs are usually conducted by doctors employed by the defendant’s insurance company. They are there to offer a different view of your injuries. These physicians, who are often referred to as “independent”, have their own agendas and financial stakes in reducing the amount of compensation which is paid to victims. If you decide to undergo an IME the Orange County personal injury lawyer will make sure that you are aware of what to expect. They will provide copies of all relevant medical records to the doctor to examine. Your lawyer will also be present at the IME and can ensure that you are examined with respect and courtesy by ensuring that questions of the doctor do not diverge from the ones in your medical records. Do not underplay or exaggerate the severity of your injury to these doctors. They are trained to detect fraud, and may utilize this information in court.