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What is a Personal Injury Lawsuit? You could be entitled to compensation if were injured as a result of the actions or inactions of another person. To find out more about your rights under the law, contact an experienced personal injury lawyer. A personal injury lawsuit is a civil action in which the plaintiff seeks compensation for their losses, including medical bills, lost wages property damage, and other costs. The process can take anywhere between a few months and several years. Damages A personal injury lawsuit is a legal proceeding to compel a person or entity to pay compensation for the damages resulting from an accident. The plaintiff is the one who was injured, and the defendants are the ones accountable. Personal injury cases may include the wrongful death of a person who dies due to inattention or negligence of others. Damages are typically classified into two categories: punitive and compensatory. Compensation damages can include medical bills as well as pain and suffering compensation and other out-of pocket expenses. Punitive damages, which are very rare, are meant to punish the perpetrator if they have committed extreme actions. This category covers all expenses incurred as a result of the accident or injury. This could include hospital bills as well as doctor's fees and therapy costs. In some instances additional expenses, such as the cost of traveling to and from appointments, or modifications made to your home due to permanent disabilities may also be included in an insurance claim. Non-economic damages are also referred to by the term “pain and suffer” damages. These damages are harder to quantify, and they comprise the emotional distress and mental stress caused by accidents. Your lawyer can help you evaluate these damages based upon the extent of your injury. This might be based on the ability to continue enjoying the activities you previously enjoyed or the loss of your relationship with family members. Statute of limitations Under a legal rule called the statute of limitations, any person who is injured in an accident must bring a lawsuit within a certain time frame or the claim will be rejected by the courts. This is to prevent evidence from being lost or forgotten and to stop people from drag out incident-related litigation indefinitely. The time frame for filing a claim varies from one state to another, but the majority of personal injury lawsuits have a limit of between two and four years. There are some exceptions to the time period for filing an injury claim. If you require assistance in determining whether your case falls within one of these exceptions, it is recommended to seek legal advice. One of the main facets of the statute of limitations is that it applies only to the filing of an action in court. Insurance claims are typically used to resolve injuries and do not require formal lawsuits. However, it is crucial to give yourself plenty of time to take legal action in the event that negotiations do not take place as planned or if there is a problem that cannot be easily addressed through the insurance system. Certain circumstances may stop the clock on the statute of limitations, but they are not common and have to be assessed on a case by case basis. The statute of limitations may not be established until the victim discovers or should have known that the injury was caused by another's negligence. In certain states, such as New York, it is different for claims against municipalities. Complaint A personal injury lawsuit is a civil case initiated by a victim against the person or entity that 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 is liable for those damages. The complaint is the first document filed in a personal injury lawsuit. It provides detailed details about the incident that led to your injuries, as well as the damages you are seeking. The complaint also contains an “prayer of relief” which describes what you want the court to do. The summons and complaint should be given to the defendant. After the complaint is filed, the defendant has to respond to the complaint within a specific timeframe, and must either accept or deny the allegations made in the complaint. The defendant may also file a counterclaim, or add a third party defendant to the case as a third party defendant. A successful personal injury lawsuit is based on solid evidence such as medical documents and testimony from witnesses. We work closely with our clients to collect all relevant information and include it in the case. The evidence we gather can also assist us to negotiate with the defendants' lawyers or insurance agents to negotiate the most favorable settlement offer. Preliminary Conference In a personal-injury lawsuit the lawyer for you must prove that negligence on the part of the defendant led to your accident. You must also prove that you were injured in your accident and that the injuries are worth the amount of financial compensation. It can be a lengthy process, but the trial is when you'll be able to decide if you'll get the damages you're entitled to. In the case of a trial before jurors the lawyer will argue for the defendant's liability and that they must compensate you for your losses. The defendant will provide evidence to show that their actions are not connected to the accident. This will stop them from settling your losses. Before proceeding to trial you must attend a preliminaries conference. This is usually the first time your case will have deadlines that are set by the Court itself. This is also the time when your lawyer will discuss the case with the defense. A judicial registrar, also known as an official of the court's staff, typically holds preliminary conferences. Unless the case is being 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. If, however, a person is unable to attend in person they can take part via phone or online with the approval of the convenor. If your case is going to be part of the Differentiated Case Management program, an initial conference can provide an opportunity to determine whether your case falls under one of the three classifications which are expedited, standard or complex. Bill of Particulars After a summons or complaint are filed, the defendant parties identified in the lawsuit are given twenty or thirty days to respond (although this deadline can be extended if the court gives permission). When the Answer is filed, the case is moved to what is known as the discovery phase. In this stage, both parties exchange information through written discovery demands and depositions. The lawyer of the plaintiff drafts the Bill of Particulars at the end of discovery. This document outlines 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 made, to help them prepare for trial. Before a Bill of Particulars can be accepted, it must be scrutinized by the court. In general, a court will only abide by a Bill of Particulars if it is not vague or broad. A Bill of Particulars should be limited to the specific acts of negligence asserted and should not include new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ) for instance, was a case where the court ruled that the plaintiff had not been negligent. 1994) The court ruled in favor of a motion to strike all references to intentional and willful actions from a medical malpractice claim. The court will also not permit a new theory to be introduced at any point in the case that is unreasonable late. To avoid prejudice, an amendment made late to a Bill of Particulars must be supported by an affidavit that 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 is unfamiliar with the specifics of your accident, should be asked to conduct a medical exam. However, this type of exam is actually required under Washington law, and it could be beneficial in your case. Typically, IMEs are conducted by medical doctors who are employed by the insurance company of the defendant and their goal is to provide a different perspective on your injuries. These doctors, often referred to as “independent” are able to have their own goals and financial interests in reducing the compensation that can be paid to victims. Your Orange County personal injury attorney will ensure that you understand what you can expect from an IME and will give the doctor with a copy of all relevant medical records. Livonia injury lawyer will be present during the IME to ensure that the questions posed by the doctor are consistent with your medical records. It is crucial to not play up or down the severity of your injuries with the doctors, since they are trained to spot fraud and could make use of this information against you in trial.