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What is a Personal Injury Lawsuit? You could be entitled to compensation if you have suffered injuries due to the actions or inactions of someone else. To learn more about your legal rights to pursue compensation, consult a knowledgeable personal injury lawyer. A personal injury lawsuit is civil litigant where the plaintiff seeks compensation for their losses. This can include medical bills as well as lost wages and property damage. The process can take anywhere from a few months to several years. Damages A personal injury lawsuit is a process to compel another person or entity to pay money for damages related to an accident. The plaintiff is the one who was injured and the defendants are responsible. If someone dies as the result of the negligence or wrongdoing by others, wrongful death cases are often included in personal injury lawsuits. Damages are usually divided into two categories: compensatory and punitive. Compensatory damages are intended to help the victim get back on track for good, including out-of-pocket costs like medical bills as well as compensation for suffering and pain. Punitive damages are uncommon and are designed to punish the wrongdoer for extreme conduct. The first category of damages is usually referred to as “economic damages.” This is the term used to describe all out-of-pocket expenses associated with the accident or injury. This could include doctor's fees or hospital costs, as well as physical therapy expenses. Some claims could also cover additional expenses, such as the cost of travel to and from appointments, or modifications to your home to accommodate a disability that is permanent. Non-economic damages can also be described as “pain and suffer” damages. These are more difficult to quantify and involve the emotional distress, mental suffering and anguish that accidents can cause. Depending on the extent of your injuries, your lawyer will assist you to determine the value of the damages. It could be based on your capacity to participate in activities that you previously enjoyed or your loss of connection with family members. Statute of Limitations A legal requirement, known as the statute of limitations, anyone who suffers injury as a result of an accident must make a claim within a specified time or their claim will be rejected by the courts. This is done to prevent evidence from being lost or lost, and to prevent those who delay bringing litigation related to an incident out indefinitely. The exact duration of the time limit varies from one state to another, but most personal injury claims have a limit of between two and four years. However, there are exceptions that could extend the amount of time a victim has to submit their claim. They should seek legal advice for assistance in to determine whether or not your case falls under one of the exceptions. The statute of limitations only applies to lawsuits that are filed in court. A majority of injuries cases are resolved through the process of filing an insurance claim and do not require a formal lawsuit filing. It is important to give yourself enough time to file a lawsuit in the event that insurance negotiations aren't as smooth as you had hoped, or if there is a problem that cannot be resolved with insurance. Certain circumstances can stop the statute of limitations clock, but these instances are extremely rare and need to be analyzed on an individual basis. For example the statute of limitations might not start running until a victim discovered or should have reasonably discovered that their injuries were caused by another person's negligent actions, and in certain states, such as New York, the statute of limitations differs for claims against municipalities. Complaint A personal injury lawsuit is brought by a victim against the person who caused the injury. It asserts that the defendant violated their duty of care, and that this breach caused loss and harm to the plaintiff. The defendant is held responsible for these damages. The complaint is the first document that is filed in a personal injury lawsuit. It contains detailed allegations regarding the incident that caused your injuries, and the damages you seek. 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 is required to file an answer to the complaint within a specified time period, and they must either accept or deny the allegations made in the complaint. The defendant may also make a counterclaim against the plaintiff or bring in another defendant as a third-party defendant. A successful personal injury lawsuit relies on solid evidence, including medical records and testimony from witnesses. We work closely with our clients to collect the relevant information and incorporate it in the case. The evidence we collect can also assist us to negotiate with the defense attorneys or insurance companies to obtain the best settlement offer. Preliminary Conference In a personal injury lawsuit the attorney for you must prove that the defendant's negligence caused your accident. You must be able to prove that you sustained injuries due to your accident and that those injuries warrant financial compensation. It's not an easy process, but it's at the trial that you will find out if you get the compensation you are entitled to. In a trial before the jury the lawyer will argue the defendant's responsibility and they will argue that they have to compensate you for your losses. The defendant will argue that their actions are not related to the accident, which prevents them from having to compensate you for your losses. Before you can proceed to trial you must attend a preliminaries conference. This is the first time your case is subject to deadlines set by a judge. hop over to this web-site is also the time that your lawyer will discuss the case with the defense. A judicial registrar, also known as a member 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 if it is exempted from the Rules the parties are required to attend in person. If a party is not able to attend in person, the convenor can permit them to attend via phone or via the internet. If your case is going to be part of the Differentiated Case Management program, the preliminary conference will be a chance to determine whether your case falls within one of the three categories – expedited, standard or complex. Bill of Particulars After the summons and complaint are filed, the defendants named in the lawsuit will have twenty to thirty days (although this timeframe may be extended by the court). Once the Answer has been filed, the case is moved into 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 called a Bill of Particulars. The document details the legal claims being made as well as 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. Before a Bill of Particulars can be followed, it has to be examined by the court. In general, the court will only accept the Bill of Particulars if it isn't vague or overly broad. A Bill of Particulars must only include the specific acts of neglect that are being asserted, and not add any new claims. For example in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. 1994) the court granted 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 a stage in the litigation that is unreasonablely late. To avoid adverse consequences, a late amendment to a Bill of Particulars should only be allowed when supported by an affidavit stating an adequate explanation for the lateness of the amendment. Physical Examination You may question why a doctor who doesn't know you or your medical history and isn't familiar with the specifics of your incident, would be asked to conduct a medical examination. However, this type of examination is actually required under Washington law, and can be helpful to your case. IMEs are usually performed by doctors who are employed by the insurance company of the defendant. They are there to provide an alternative view of your injuries. While they are sometimes called “independent,” these physicians as well as insurance companies – have their own agenda and financial stake in reducing the amount of compensation that may be awarded to an injured victim. Your Orange County personal injury attorney will ensure that you are aware of what you can expect from an IME and will give the doctor with a copy of all pertinent medical records. Your lawyer will be present during the IME to ensure that the questions asked by the doctor are in accordance with your medical records. It is crucial to not play around with the severity of your injuries with these doctors, as they are trained to spot fraud and could use this information against you at trial.