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What is a Personal Injury Lawsuit? If you have been injured through the actions or inactions, you could be able to recover compensation. Contact a knowledgeable personal injury attorney to learn more about your rights. A personal injury lawsuit is a civil dispute in which the plaintiff seeks compensation for their losses. This includes medical bills, lost wages and property damage. The process can last from a few months to a few years. Damages A personal injury lawsuit is a legal proceeding which is filed to compel another person, or entity to compensate you compensation for damages caused by an accident. The person who is injured is referred to as the plaintiff while the parties accountable are known as defendants. Personal injury cases can include the wrongful death of a person who dies due to negligence or wrongful actions of others. Damages are typically classified into two categories: punitive and compensatory. Compensatory damages are intended to ensure that the victim is completely again, including out-of-pocket expenses such as medical expenses as well as compensation for suffering and pain. Punitive damages are uncommon and designed to punish the perpetrator for their extreme behavior. The first type 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 and injuries. These could include hospital bills, doctor's fees and physical therapy costs. Some claims may also include additional costs, like the cost of travel to and from appointments or the need to modify your home to accommodate a permanent disability. Non-economic damage can also be referred to by the term “pain and suffer” damages. These damages are more difficult to quantify, and include the emotional stress and mental stress that accidents can cause. Depending on the extent of your injuries, your lawyer will assist you to determine the value of the damages. This might be based on the ability to continue enjoying the activities you were previously able to enjoy or your loss of connection with family members. Statute of Limitations A legal rule known as the statute of limitations requires that anyone who is injured in an accident must file an action within a specified date or else their claim will be dismissed. This is to stop evidence from being lost or lost, and also to stop individuals from dragging litigation relating to incidents out for an indefinite period. The exact duration of the time limit differs from one state another, but most personal injury lawsuits have a time frame of two to four years. However there are exceptions that could prolong the time a victim has to submit their claim. They should seek legal advice for help to determine if 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 insurance claim process and do not require formal lawsuit filing. But, it's important to leave yourself enough time to take legal action just in case insurance negotiations fail to take place as planned or if there is a problem that cannot be resolved through the insurance system. Certain circumstances may stop the clock on the statute of limitations, however they are rare and need to be considered on a case-by case basis. The statute of limitations might not begin until the victim discovers or should have known that the injury was caused by another's negligence. In certain states, like New York, it is different for claims that are made against municipalities. Complaint A personal injury lawsuit is filed by the victim against the person who caused the injury. It asserts that the defendant breached their duty of care, and that this breach resulted in damage and losses for the plaintiff. The defendant is held responsible for these damages. The complaint is the initial document that is filed in a personal injury case. It provides detailed details regarding the incident that led to your injuries, and the damages you want. The complaint also includes an “prayer of relief” which outlines what you would like the court to do. The complaint must be served on the defendant along with a summons that is a notice that they are being sued. After the complaint is filed, the defendant is required to submit an answer to the complaint within a specified timeframe, and must either accept or deny the allegations in the complaint. The defendant can also file a counterclaim against the plaintiff or bring in a different defendant as a third-party defendant. A successful personal injury lawsuit relies on solid evidence including medical documents and testimony from witnesses. We work closely together with our clients to gather all relevant information and include it in the case. The evidence we collect will also assist us in negotiate with the defendants' lawyers or insurance agents to negotiate the most favorable settlement offer. Preliminary Conference In a personal injury case your lawyer must demonstrate that the negligence of the defendant led to 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 can be a lengthy process, but the trial is when you will be able to determine if you'll receive the compensation you're entitled to. In a trial before a jury, your lawyer will argue that the defendant is responsible and is required to compensate you for your losses. The defendant will provide evidence to show that their actions are not connected to the accident. This will prevent the defendant from paying for your losses. You must attend a pre-trial conference prior to proceeding with the trial. This is the first time your case will be subject to deadlines imposed by a judge. It is also the time where your attorney will discuss the case with the defense. A judicial registrar, also known as an official of the court staff usually conducts preliminary conferences. Unless the case is being handled under the New York's Differentiated Case Management Rule, or is otherwise exempt from the Rules, all parties are required to be present in person. If a person is unable to attend in person, the convenor is able to permit them to participate via phone or online. If your case is part of the Differentiated Case Management Program, a preliminary meeting is also an opportunity to determine if your case falls into one of three categories: complicated or expedited standard. Bill of Particulars After a summons or complaint are filed, the defendants named in the lawsuit have twenty or thirty days to file an Answer (although this deadline may be extended if the court gives approval). When the Answer is filed, the case is moved to what is known as the discovery phase. In this phase the parties exchange information via written discovery demands and depositions. At the conclusion of discovery the attorney representing the plaintiff drafts what is known as a Bill of Particulars. This document outlines the legal claims that are being made and the relief requested – typically the award of damages in cash. The Bill of Particulars is meant to inform the defendant of the specific legal claims being made, to help them prepare for trial. Before a Bill of Particulars can be accepted, it must be scrutinized by the court. In general, courts will only accept a Bill of Particulars that is not vague or broad. A Bill of Particulars should be limited to the specific acts of negligence being asserted and should not include new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ), for example, was a case where the court ruled that the plaintiff was not negligent. 1994) the court granted the motion to strike references to intentional and willful acts from a medical malpractice claim. The court will not allow the addition of a new theory of recovery at a disproportionately late point in the action. To avoid negative consequences, an amendment made late to the Bill of Particulars should only be permitted if supported by an affidavit stating an acceptable explanation for the lateness of the amendment. visit the following web site When a defense attorney or insurance company requests that you attend an Independent Medical Examination (IME) the first reaction might be to ask the reason why a doctor who does not know you, your medical history, and the details of your incident is required to conduct an examination. This type of examination is required under Washington law, could be beneficial to your case. Typically, IMEs are conducted by medical doctors who are employed by the defendant's insurance company and their aim is to provide a different perspective to your injuries. These physicians, who are often referred to as “independent” and have their own agendas and financial stakes in reducing the compensation that can be awarded to injured victims. Your Orange County personal injury attorney will ensure that you are aware of what you can expect from an IME and will provide an IME doctor with a copy of all pertinent medical records. Your lawyer will be present during the IME to make sure that the questions asked by the doctor are in line with your medical records. Do not underplay or exaggerate the severity of your injury to these doctors. They are trained to spot fraudulent behavior, and can utilize this information in court.