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What is a Personal Injury Lawsuit? If you have been injured by another person's actions or inactions, you may be able to recover compensation. Contact an experienced personal injury lawyer to find out more about your rights. A personal injury lawsuit is a civil action where the plaintiff is seeking compensation for their losses, which include medical expenses, lost wages, property damage and other expenses. The process can take anywhere between a few months and several years. Damages A personal injury lawsuit is a legal process which is filed to force another person or entity, to pay you for damages resulting from 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 the wrongful death case may be part of personal injury claims. Damages are typically classified into two categories: punitive and compensatory. Compensatory damages are meant to help the victim get back on track and regain their financial security, which includes out-of-pocket expenses such as medical bills as well as compensation for suffering and pain. Punitive damages, which are rare and are designed to punish the perpetrator for committing extreme actions. The first category of damages is usually called “economic damages.” This covers the cost of out-of-pocket expenses incurred due to the accident or injury. These could include hospital bills as well as doctor's fees and therapy costs. Some claims may also include additional costs, like transportation costs to and from appointments, or home modifications to accommodate a disability that is permanent. Non-economic damages are often described as “pain and suffering” damages. These are more difficult to quantify and include the mental and emotional stress, suffering and anguish that accidents can cause. Depending on the severity of your injuries, your lawyer will assist you to place a value on the damages. This could be based on your capacity to participate in activities that you used to do or the loss of your relationship with family members. Statute of Limitations A legal requirement known as the statute of limitations obliges anyone injured in an accident should file an action before a specific date or their claim will be dismissed. This is to protect evidence from being lost or lost in the shuffle and to prevent people from dragging out litigation relating to incidents for an indefinite period. The exact duration of the time limit is different from one state to another, but the majority of personal injury lawsuits have a time limit of two to four years. There are certain exceptions to the time limit for filing claims. If you need assistance determining if your case falls under one of these exceptions, then it is best to seek legal advice. One of the main facets of the statute of limitations is that it is only applicable to the filing of an action in a court. Insurance claims are usually used to settle injury cases and do not require formal lawsuits. Even so, it is important to allow yourself enough time to take legal action just in case insurance negotiations don't follow the plan or an issue arises that cannot be resolved 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 realizes or should have realized 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 suit filed by an injured party against the person or entity who caused the injury. It claims that the defendant breached the duty of care, and that this breach caused harm and loss to the plaintiff, and that the defendant is liable for those damages. The first document you file with a personal injury lawsuit is known as the complaint, and it contains specific details about the incident that caused your injuries. It also lists the damages you are seeking. The complaint also contains a “prayer of relief” which describes what you want the court to do. The summons and complaint should be handed over to the defendant. The defendant must respond to the complaint within a set of time frames and either accept or deny all the allegations contained in the complaint. The defendant can also file a counterclaim or add a third party defendant to the case by naming third party defendant. A successful personal injury lawsuit is based on solid evidence including medical records and testimony from witnesses. We work closely together with our clients to gather all relevant information and then include it in the case. The evidence will also help us negotiate with the defendant's attorneys or insurance agents to obtain the best settlement offer 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 be able to prove that you sustained injuries as a result of your accident, and that those injuries warrant financial compensation. It's not an easy procedure, but it's at the trial that you'll finally know if you will get the compensation you deserve. In the case of a trial before jurors your lawyer will argue that the defendant is at responsibility and the need to compensate you for your losses. The defendant will argue that their actions do not contribute to the accident, which prevents them from having to pay you for your losses. You must attend a pre-trial meeting before proceeding with the trial. This is the first time your case has deadlines set by a court. This is also the time when your attorney will discuss the matter with the defense. A judicial registrar, also known as an official of the court's staff, typically holds preliminary conferences. Unless the case is handled under the New York's Differentiated Case Management Rule, or is otherwise exempt from the Rules All parties are required to attend in person. If, however, click through the next internet site is unable to attend in person, they can participate via telephone or on the internet with the permission of the convenor. 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: advanced 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 timeframe may be extended by the court). After the Answer has been filed, the case is moved into the discovery phase. In this phase both sides exchange information in the form of written discovery demands and depositions. The lawyer of the plaintiff drafts the Bill of Particulars at the end of the discovery. This document outlines the legal claims that are being made and the relief requested – typically an award of money damages. The Bill of Particulars is meant to inform the defendant of the specific legal claims made, so that they can prepare for trial. The court must review a Bill of Particulars before it is able to be followed. Generally speaking, the court will only abide by a Bill of Particulars that is not overbroad or vague. 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 found that the plaintiff had not been negligent. In 1994, the court affirmed the motion to strike out any references to willful or intentional actions in a medical malpractice case. In the same way, the court will not allow the introduction of a new theory of recovery at a disproportionately late stage in the case. To avoid prejudice, a 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 Examination When a defense attorney or insurance company demands that you take part in an Independent Medical Examination (IME) the first reaction may be to question the reason a doctor who may not know you, your medical history, and the details of your incident is requested to conduct an exam. This type of exam, which is required by Washington law, could be beneficial to your case. IMEs are typically conducted by doctors employed by the insurance company of the defendant. They are there to provide an alternative perspective on your injuries. These doctors, who are sometimes called “independent” are able to have their own goals and financial interests in reducing the compensation that is paid to victims. Your Orange County personal injury attorney will ensure that you understand what you can expect from an IME and will provide a copy to the doctor of the relevant medical records. Your lawyer will be present during the IME to make sure that the questions asked by the doctor are in accordance with your medical records. It is crucial to avoid playing around with the severity of your injuries to these doctors, as they are trained to spot fraud and could use this information against you in trial.