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What is a Personal Injury Lawsuit? If you've been injured through the actions or inactions, you may be eligible for compensation. To find out more about your legal rights get in touch with a seasoned personal injury lawyer. A personal injury lawsuit is civil litigant 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 several months to a few years. Damages A personal injury lawsuit is a legal proceeding to force another person or entity to pay money for damages related to an accident. The injured party is known as the plaintiff while the parties accountable are known as defendants. If someone dies as the result of the inattention or negligence of others, wrongful death cases may be part of personal injury lawsuits. Damages are usually classified into two categories: compensatory and punitive. Compensatory damages are intended to ensure that the victim is completely for good, including out-of-pocket costs such as medical expenses as well as compensation for pain and suffering. Punitive damages, which are rare, are meant to punish the perpetrator if they have committed extreme crimes. The first type of damages is often known as “economic damages.” This covers any out-of-pocket costs resulting from the accident or injury. These could include hospital bills, doctor's fees and physical therapy costs. In certain cases additional expenses, such as the cost of travelling to and from appointments or modifications to your home for permanent disabilities can also be included in a claim. Non-economic damages are also referred to by the term “pain and suffer” damages. These damages are more difficult to quantify and include the emotional distress and mental stress that accidents can cause. Based 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 do things you were previously able to do or your loss of consortium with your family. Statute of Limitations A legal requirement known as the statute of limitation obliges anyone injured in an accident file a lawsuit before a certain date or else the claim will be dismissed. This is to stop evidence from being forgotten or lost, and also to stop people from dragging incident-related litigation out for a long time. The exact length of time for filing a claim differs from state to state, however personal injury claims generally have a two-to four-year time limit. There are certain exceptions to the time period for filing an injury claim. If you require assistance determining if your case falls under one of these exceptions, then it is recommended that you seek legal advice. One of the most important aspects of the statute of limitations is that it only applies to the filing of an action in a court. Insurance claims are typically used to resolve injuries and do not require formal lawsuits. It is essential to allow yourself sufficient time to start a lawsuit in the event that negotiations with insurance don't go as planned, or if there is a problem which cannot be resolved through insurance. A few circumstances can pause the clock of the statute of limitations however, these situations are rare and generally need to be considered on an individual basis. The statute of limitations may not start until the person is aware 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 made against municipalities. Complaint A personal injury lawsuit is a civil suit filed by an injured party against the person or entity who caused the injury. It alleges that the defendant breached the duty of care, that this breach caused harm and loss to the plaintiff, and that the defendant should be held liable for those damages. The first document filed in a personal injury lawsuit is called the complaint. It contains detailed allegations about the incident that caused your injuries and outlines the damages you're seeking. The complaint also includes a “prayer of relief” that outlines what you want the court to do. The summons and complaint must be handed over to the defendant. After the complaint is filed, the defendant is required to respond to the complaint within a certain time period, and they may either deny or admit the allegations made 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 is based on solid evidence, which includes medical documents and witness testimony. We work closely together with our clients to collect all relevant information and include it in the case. The evidence will also assist us negotiate with the attorney for the defendant or insurance representatives to get the best settlement possible. Preliminary Conference In a personal-injury case your lawyer must show that negligence on the part of the defendant caused your accident. You must also prove that you were injured in your accident and that the injuries are worth an amount of money. It's not an easy procedure, but it's at the trial that you will be able to determine if you get the compensation you deserve. In the case of a trial before a jury your lawyer will argue the defendant's responsibility and the need to compensate you for your losses. The defendant will provide evidence to show that their actions were unrelated to the accident. This will stop the defendant from paying for your losses. You must attend a pre-trial meeting before proceeding with the trial. This is the first time your case is subject to deadlines set by a court. This is also the time when your attorney will be discussing the case with the defense. A judicial registrar, also known as an individual from the court staff, typically holds preliminary conferences. If the case is handled in accordance with the New York's Differentiated Case Management Rule, or otherwise exempted from the Rules All participants are required to attend in person. If a person is unable to attend in person, the convenor can permit them to attend via phone or online. If your case is going to be a part of the Differentiated Case Management program, a preliminary conference will also be an opportunity to identify whether your case falls into one of the three categories – expedited, standard or complex. Bill of Particulars After the summons and complaint have been filed, the defendants named in the lawsuit will be given twenty to thirty days (although this time frame may be extended by the court). After the Answer is filed, the case moves into the discovery phase. During this stage both parties exchange information via written demands for discovery and depositions. At the conclusion of discovery, the plaintiff's attorney prepares what is called a Bill of Particulars. The document details legal claims and the relief sought – usually an award of money damages. The Bill of Particulars is meant to inform the defendant of the specific legal claims that are made to help them prepare for trial. The court must look over a Bill of Particulars before it is able to be followed. Generally, the court will only accept a Bill of Particulars that is not overbroad or vague. A Bill of Particulars should be limited to the specific acts of negligence claimed and should not contain new claims. For instance, in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. 1994), the court sustained the motion to strike all references to willful and intentional actions from a medical malpractice claim. In the same way, the court will not permit the introduction of a new theory of recovery at a disproportionately late stage in the case. In order to avoid resultant prejudice, a belated amendment to a Bill of Particulars should only be allowed if accompanied by an affidavit stating an acceptable explanation for the lateness of the amendment. Physical Exam If a defense attorney, or an insurance company requests that you attend an Independent Medical Examination (IME), your natural first instinct might be to ask the reason why a doctor who does not know you and your medical history and the details of your accident is being required to conduct an examination. Cranston injury lawyer of exam, which is required by Washington law, can be beneficial to your case. Typically, IMEs are conducted by doctors medical who are hired by the insurance company representing the defendant and their aim is to offer an alternative view of your injuries. These physicians, who are often referred to as “independent” and have their own agendas and financial stakes in reducing the amount of compensation that is given to victims of injuries. If you decide to go through an IME the Orange County personal injury lawyer will make sure that you are aware of what to expect and provide a copy of all relevant medical records to the doctor to review. Your lawyer will also be present at the IME and will make sure that you are being examined in a fair manner by ensuring that the doctors questions do not deviate from the ones you have in your medical records. It is essential to not play with the extent of your injuries with the doctors, since they are trained to spot dishonesty and may use this information against you in trial.