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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 a third party. To find out more about your rights under the law to pursue compensation, consult a knowledgeable personal injury lawyer. A personal injury lawsuit is a civil action where the plaintiff is seeking money to cover their losses, which include medical bills, lost wages, property damage and other expenses. The process can last from a few months to several years. Damages A personal injury lawsuit is a process to compel a person or entity to pay you compensation for the damage caused by an accident. The injured party is known as the plaintiff while the responsible parties are called defendants. When someone dies as a result of carelessness or infractions committed by others In wrongful deaths, the case can be included in personal injury claims. Damages are typically classified into two categories: compensatory and punitive. Compensation damages can include medical bills as well as pain and suffering compensation, and other out of pocket expenses. Punitive damages, which are rare and are designed to punish the wrongdoer for committing extreme crimes. The first category of damages is usually referred to as “economic damages.” This is the term used to describe the cost of out-of-pocket expenses incurred due to the accident and injuries. These might include doctor's bills as well as hospital expenses and physical therapy costs. Certain claims could also include additional expenses, such as travel costs to and from appointments or the need to modify your home to accommodate a disability that is permanent. Non-economic damages are commonly described as “pain and suffering” damages. These damages are more difficult to quantify, and they include the emotional stress and mental stress that an accident can cause. Your lawyer can help you value these damages based on the extent of your injury. This might be based on the ability to participate in activities that you were previously able to enjoy 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 file a lawsuit within a specific time period or else their claim will be dismissed by the courts. This is to protect evidence from being lost or forgotten and to prevent people from dragging out litigation related to an incident for a long time. The time frame for filing a claim varies from one state to another, but most personal injury claims have a time frame of between two and four years. However there are exceptions that can extend the time that a victim must make a claim, and they should seek legal advice for assistance in determining whether or not your case falls under one of the exceptions. One of the main facets of the statute of limitations is that it only applies to the filing of a lawsuit in court. Insurance claims are typically used to resolve injury cases and do not require formal lawsuits. It is still essential to allow yourself sufficient time to start a lawsuit in the event that insurance negotiations don't go as planned, or if there is a problem which cannot be resolved through insurance. Certain circumstances can stop the clock on the statute of limitations however these cases are extremely rare and need to be evaluated on an individual basis. For instance the statute of limitations may not start to run until a victim has discovered or should have reasonably discovered that their injury was caused by someone else's negligence, and in certain states, like New York, the statute of limitations is different for claims against municipalities. Complaint A personal injury lawsuit is a civil case initiated by a victim against the person or entity who caused the injury. The plaintiff claims that the defendant violated the duty of care, that the breach caused harm and loss to the plaintiff and that the defendant is liable for those damages. The complaint is the primary document that is filed in a personal injury case. It contains detailed allegations about the incident that caused your injuries, as well as the damages you seek. The complaint also contains the “prayer for relief” which outlines what you would like the court to do. The summons and complaint must be delivered to the defendant. The defendant must respond to the complaint within certain time frames and either accept or deny all the allegations in the complaint. The defendant can also file a counterclaim or add another defendant to the case by naming a third party defendant. A successful personal injury lawsuit is based on solid evidence, such as medical records and witness testimony. We work closely with our clients to collect the relevant information and incorporate it in the case. The evidence we gather will also help us to negotiate with the defendants' attorneys or insurance agents to obtain the best settlement offer. Preliminary Conference In a personal injury case the attorney for you must prove that the negligence of the defendant led to your accident. You must also prove that you suffered injuries due to your accident and that those injuries warrant financial compensation. This can be a long process however, the trial is when you can finally determine whether you'll be awarded the damages you deserve. In just click the next article before the jury your lawyer will argue the defendant's liability and that they must compensate you for your losses. The defendant will provide evidence 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 discussion before you can proceed with the trial. This is often the first time your case will have deadlines set by the Court itself. This is also the time when your attorney will discuss the case with the defense. A judicial registrar, also known as an individual of the court's staff, typically conducts preliminary conferences. If the case is handled under New York's Differentiated Case Management Rule, or otherwise exempted from the Rules the parties are required to attend in person. However, if a party is unable to attend in person, they are able to take part via phone or online with the approval of the convenor. If your case is part of the Differentiated Case Management Program, a preliminary meeting is also an opportunity to determine whether your case falls into one of three categories: expedited standard or complex. Bill of Particulars After the summons and complaint have been filed, defendants named in the lawsuit will be given twenty to thirty days (although this time frame is able to be extended by the court). Once the Answer is filed, the case enters what is known as the discovery phase. During this time the parties exchange information in the form of written demands for discovery and depositions. The lawyer of the plaintiff drafts the Bill of Particulars at the end of the discovery. This document provides the legal claims 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 that are made to help them prepare for trial. Before a Bill of Particulars can be followed, it has to be reviewed by the court. In general, courts will only accept a Bill of Particulars that is not vague or overly broad. A Bill of Particulars must only include the specific acts of neglect that are being claimed and must not include new claims. For instance in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. In 1994, the court affirmed the motion to strike all references to intentional or willful acts in a medical negligence case. The court will not allow a new doctrine to be added at any stage in the litigation that is unreasonable late. To avoid adverse consequences, a late amendment to the Bill of Particulars should only be allowed when supported by an affidavit offering a reasonable excuse for the delay in the 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 incident, would be required to conduct a medical exam. However, this kind of examination is actually required under Washington law and could be beneficial to your case. IMEs are typically conducted by doctors employed by the defendant’s insurance company. They are there to provide an alternative view of your injuries. Although they are often referred to as “independent,” these physicians – just like the insurance companies have their own agendas and financial stake in reducing the amount of compensation that may be given to a victim of injury. If you decide to undergo an IME the Orange County personal injury lawyer will ensure that you are well-informed about what to expect and will provide copies of all relevant medical records for the doctor to examine. Your lawyer will also be present at the IME and will make sure that you are examined in a fair manner by ensuring that the doctors questions do not deviate from the ones in your medical records. It is crucial to not play with the extent of your injuries with the doctors, since they are trained to spot fraud and could make use of this information against you in trial.