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What is a Personal Injury Lawsuit? You could be entitled to compensation if have suffered injuries due to the actions or inactions of someone else. Contact a knowledgeable personal injury lawyer to learn more about your rights. A personal injury lawsuit is a civil dispute in which the plaintiff seeks compensation for their losses. This includes medical expenses, lost wages and property damage. The process can take several months to a few years. Damages A personal injury lawsuit is a legal process that is taken to compel another person, or entity to compensate you compensation for damages caused by an accident. The plaintiff is the victim, and the defendants are the ones responsible. Personal injury cases may include wrongful death claims when someone dies because of the negligence or wrongful actions of others. Damages are usually classified into two categories: compensatory and punitive. Compensatory damages are meant to make the victim whole again, including out-of-pocket expenses such as medical bills as well as compensation for suffering and pain. Punitive damages, which are rare and are intended to punish the wrongdoer for committing extreme acts. The first type of damages is typically called “economic damages.” This is the term used to describe any out-of-pocket costs resulting from the accident or injury. This could include hospital bills as well as doctor's fees and therapy costs. Some claims could also cover additional costs, like transportation costs to and from appointments, or the need to modify your home to accommodate a permanent disability. Non-economic damages are commonly described as “pain and suffering” damages. These are more difficult to quantify and involve the emotional distress, mental anxiety and suffering that an accident can cause. Depending on the severity of your injuries your lawyer can help you determine the value of these damages. This could be based on the ability to carry out the things you did before or your loss in consortium with your family. Statute of Limitations A legal requirement known as the statute of limitation requires that anyone who is injured in an accident file a lawsuit before a certain date or the claim will be dismissed. This is to safeguard evidence from being lost or forgotten, and to stop people from drag out litigation related to an incident for a long time. The exact time limit varies from one state to another, but the majority of personal injury claims have a limit of two to four years. There are some exceptions to the time period for filing an injury claim. If you require assistance to determine if your claim is one of these exceptions, it is best to seek legal advice. The statute of limitations is only applicable to lawsuits that are filed in court. Insurance claims are typically used to resolve injury cases and do not require formal lawsuits. Even so, it is important to leave yourself plenty of time to file a lawsuit just in case insurance negotiations don't take place as planned or if there is a problem that cannot be addressed by the insurance system. Certain circumstances can stop the clock on the statute of limitations, but they are extremely rare and have to be assessed on a case-by case basis. The statute of limitation may not be established until the victim discovers or should have known that the injury was caused by someone else's negligence. In some states, like New York, it 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 alleges that the defendant breached the duty of care, and that this breach caused harm and losses to the plaintiff and that the defendant is liable for those damages. The complaint is the primary document filed in a personal injury case. It contains detailed allegations regarding the incident that caused your injuries and the damages you seek. 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 notification that they are being sued. After the complaint is filed, the defendant has to respond to the complaint within a specified timeframe, and must either accept or deny the allegations in the complaint. The defendant can also bring a counterclaim against plaintiff or bring in another defendant as third-party defendant. A successful personal injury lawsuit relies on solid evidence, including 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 we collect can also assist us to negotiate with defendants' attorneys or insurance agents to negotiate the most favorable settlement offer. Preliminary Conference In a personal injury case your lawyer must demonstrate that the negligence of the defendant led to your accident. You must also prove you suffered injuries in your accident and that your injuries are worth an amount of money. It's a long process, but it's at the trial that you will be able to determine if you get the compensation you are entitled to. In a jury trial, your lawyer will argue that the defendant is responsible and has to pay for your losses. click through the next web site will provide evidence to prove that their actions were not related to the accident. This will prevent the defendant from paying for your losses. You must attend a pre-trial discussion prior to proceeding with the trial. This is often the first time your case will have deadlines established by the Court itself. It is also the time when your lawyer will discuss the case with the defense. Preliminary conferences are usually conducted by a judicial registrar or a member of the court's staff. If the case is handled by the New York's Differentiated Case Management Rule, or otherwise exempted from the Rules the parties are required to be present in person. If a party is not able to attend in person, the convenor is able to permit them to participate via phone or online. If your case is part of the Differentiated Case Management Program, the initial meeting provides an opportunity to determine if your case falls under one of three categories: expedited standard or complex. Bill of Particulars After a summons or complaint are filed, the defendant parties identified in the lawsuit are given the option of having twenty or thirty days to submit an Answer (although this deadline can be extended if the court gives approval). Once the Answer has been filed, the matter moves into what is called the discovery phase. During this stage both parties exchange information through written demands for discovery and depositions. The lawyer for the plaintiff prepares the Bill of Particulars at the conclusion of the discovery. The document details the legal claims that are being made and the relief sought, usually the award of damages in cash. The Bill of Particulars is meant to inform the defendant of the specific legal claims made, so that they can prepare for trial. Before a Bill of Particulars can be followed, it has to be scrutinized by the court. In general, courts will only comply with a Bill of Particulars that is not vague or overly broad. A Bill of Particulars should be limited to the specific negligence that is being claimed and should not add new claims. For instance in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. In 1994, the court affirmed a motion to strike references to intentional or willful acts in a medical negligence case. The court will not allow the addition of a new theory of recovery at an unreasonable late point in the action. To avoid causing prejudice, any late amendment to the Bill of Particulars must be supported by an affidavit, which gives a reasonable explanation of the tardiness of the amendment. Physical Exam When a defense attorney or insurance company demands that you attend 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 details of your accident is being requested to conduct an exam. However, this type of exam is actually required under Washington law, and could be beneficial in your case. Typically, IMEs are conducted by medical doctors who are employed by the insurance company representing the defendant and their aim is to offer an alternative view of your injuries. These doctors, sometimes called “independent”, have their own goals and financial interests in reducing the amount of compensation which 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 ensure that you are fully informed about what to expect and provide the complete set of medical records to the doctor to look over. Your lawyer will also be present at the IME and can ensure that you are being treated in a fair manner by ensuring that the questions of the doctor do not diverge from the ones in your medical records. It is not advisable to downplay or exaggerate the severity of your injury to the doctors. They are trained to spot fraud, and may use this information at trial.