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What is a Personal Injury Lawsuit? If you've been injured due to another's actions or inactions, you may be eligible for compensation. To learn more about your legal rights to pursue compensation, consult a knowledgeable personal injury lawyer. A personal injury lawsuit is a civil dispute in which the plaintiff seeks money to cover their losses, such as medical bills, lost wages property damage, and other costs. The process can take anywhere from several months to several years. Damages A personal injury lawsuit is a process to force another person or entity to pay you compensation for the damage caused by an accident. The injured party is known as the plaintiff while the parties accountable are known as defendants. Personal injury cases can also include the wrongful death of a person who dies due to inattention or negligence of others. The damages a victim suffers are usually divided into two categories: compensatory and punitive. Compensatory damages are meant to help the victim get back on track and regain their financial security, which includes out-of-pocket expenses like medical bills as well as compensation for suffering and pain. Punitive damages are rare and are intended to penalize the offender for extreme behavior. The first category of damages is often called “economic damages.” This covers all out-of-pocket expenses associated with the accident or injury. This could include hospital bills medical expenses, doctor's charges and physical therapy costs. In some cases other expenses such as the cost of traveling to and from appointments or modifications to your home due to permanent disabilities may be included in the claim. Non-economic damages can also be called “pain and suffer” damages. They are more difficult to quantify and involve the mental and emotional stress, anguish and suffering that an accident can cause. Your lawyer will help you determine the value of these damages based on the severity of your injuries. It could be based on your capacity to participate in activities that you were previously able to enjoy or your loss of connection with family members. Statute of limitations A legal requirement, known as the statute of limitations, anyone who is injured in an accident must make a claim within a specific time period or their claim will be dismissed by the courts. This is done to stop evidence from being lost or lost and to stop those who delay bringing litigation related to an incident out for an indefinite period. The exact duration of time differs from state to state, however personal injury claims generally have a two-to four-year limitation. However there are exceptions that can extend the amount of time that a victim must file their claim and they should seek legal advice for help to determine whether or not their case falls into one of the exceptions. One of the most important aspects 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 resolve injury cases and do not require formal lawsuits. However, it is crucial to give yourself enough time to take legal action in the event that insurance negotiations fail to 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 considered on a case by case basis. For instance the statute of limitations might not begin to run until a victim discovered or should have reasonably discovered that their injury was caused by another person's negligence, 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 breached their duty of care and this breach resulted in damage and losses for the plaintiff. The defendant is then held responsible for these damages. The first document filed with a personal injury lawsuit is called the complaint, and it contains detailed allegations about the incident that caused your injuries. It also outlines the damages you seek. The complaint also contains the “prayer for relief” that describes what you want the court to do. The complaint must be served to the defendant with a summons which is a notification that they are being sued. After the complaint is filed, the defendant has to file an answer to the complaint within a specific time frame, and will either admit 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 third party defendant. A successful personal injury lawsuit is built on solid evidence, including medical documents and witness testimony. We collaborate closely with our clients to ensure that all relevant information is gathered and included in the case. The evidence will also assist us negotiate with the attorney of the defendant or insurance companies to negotiate the best settlement 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 can be a lengthy process however, the trial is where you will be able to determine if you'll get the damages you deserve. In a trial before a jury, your lawyer will argue that the defendant is accountable and must pay you for the losses you suffered. The defendant will provide evidence to prove that their actions are not connected to the accident. This will stop the defendant from paying for your losses. You must attend a pre-trial conference before proceeding with the trial. This is often the first time that your case will be subject to deadlines established by the Court itself. This is also the time that your attorney will discuss the case with the defense. Preliminary conferences are usually conducted by a judicial registrar, or a member of the court's staff. If the case is handled in accordance with New York's Differentiated Case Management Rule, or otherwise exempted from the Rules the participants are required to attend in person. If Brockton injury lawsuits is unable to attend in person, the convenor is able to permit them to participate via phone or via the internet. If your case is scheduled 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 categories – expedited, standard or complex. Bill of Particulars After the complaint and summons have been filed, defendants named in the lawsuit will be given between twenty and thirty days (although this time frame can be extended by the court). After the Answer has been filed, the case is moved into what is called the discovery phase. During this stage, both parties exchange information via written demands for discovery and depositions. The lawyer for the plaintiff prepares the Bill of Particulars at the end of discovery. The document details 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 being made, to help them prepare for trial. The court must examine a Bill of Particulars before it can be complied with. In general, a court will only be able to abide by 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 alleged, and not add any 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 upheld the motion to strike out any references to willful or intentional actions in a medical malpractice case. The court will not permit a new theory to be introduced at any point in the case that is unreasonably late. To avoid adverse consequences, a late amendment to the Bill of Particulars should only be allowed when supported by an affidavit offering an adequate explanation for the delay in the amendment. Physical Examination If a defense attorney or insurance company requests that you take part in an Independent Medical Examination (IME), your natural first instinct may be to question the reason a doctor who may not know you or your medical history and the particulars of your incident is asked to conduct an exam. But, this type of exam is actually required under Washington law, and it can be helpful to your case. Typically, IMEs are conducted by doctors medical who are hired by the defendant's insurance company and aim to offer a different view of your injuries. Although they are sometimes called “independent,” these physicians, just like insurance companies have their own agendas and financial interest in cutting down on the amount of compensation that may be given to a victim of injury. If you decide to go through an IME If you decide to undergo an IME, your Orange County personal injury lawyer will make sure that you are fully informed about what to expect and will provide a copy of all relevant medical records to the doctor to review. Your lawyer will be present during the IME to ensure that the questions posed by the doctor are in accordance with your medical records. You should not downplay or exaggerate the severity of your injury to the doctors. They are trained to spot fraud, and may use this information at trial.