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What is a Personal Injury Lawsuit? If you've been hurt due to another's actions or inactions, you may be able to recover compensation. To learn more about your legal rights get in touch with a seasoned personal injury lawyer. A personal injury lawsuit is civil dispute where the plaintiff seeks compensation for their loss. This includes medical bills or lost wages, as well as property damage. The process can take anywhere from several months to several years. Damages A personal injury lawsuit is a legal process which is filed to force another person or entity to compensate you for the damages that result from 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 cases of wrongful death when someone dies because of the negligence or wrongful actions of others. Damages are usually classified into two categories: compensatory and punitive. Compensatory damages are meant to make the victim whole again, including out-of-pocket expenses such as medical bills as well as compensation for suffering and pain. Punitive damages, which are rare and are intended to punish the perpetrator when they have committed a number of extreme actions. The first category of damages is usually referred to as “economic damages.” This covers all out-of-pocket expenses associated with the accident and injuries. These could include doctor's bills, hospital costs and physical therapy expenses. In some instances additional expenses, such as the cost of travelling to and from appointments or changes to your home for permanent disabilities can also be included in a claim. Non-economic losses are often described as “pain and suffering” damages. These damages are difficult to quantify, and they include the emotional distress and mental anguish caused by accidents. Depending on the severity of your injuries your lawyer can help you determine the value of the damages. It could be based on your ability to participate in activities that you used to do or your loss of connection with family members. Statute of Limitations A legal rule known as the statute of limitations obliges anyone injured in an accident should file a lawsuit before a certain date or else the claim will be dismissed. This is to safeguard evidence from being lost or lost in the shuffle and to stop people from drag out litigation related to an incident for a long time. The exact duration of the time limit differs from one state another, but most personal injury lawsuits have a time limit of between two and four years. However there are exceptions that can extend the time that a victim must file their claim and they should seek legal advice for assistance in to determine if their case falls within one of the exceptions. The statute of limitations only applies to lawsuits that are filed in the court. Many cases of injury are resolved through the process of claiming insurance and do not require a formal lawsuit filing. It is nevertheless important to allow yourself enough time to bring a lawsuit in the event that negotiations with insurance do not go as planned or if a problem occurs which cannot be resolved through insurance. A few circumstances can pause the statute of limitations clock, but these instances are very rare and have to be analyzed on an individual case-by-case basis. The statute of limitations may not begin until the victim discovers or should have known that the injury was caused by someone else's negligence. In some states, such as New York, it is different for claims made against municipalities. Complaint A personal injury lawsuit is brought by the victim against the party who caused the injury. It alleges that the defendant violated the duty of care, that the breach caused harm and losses to the plaintiff, and that the defendant is accountable for the 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 lists the damages you're seeking. It also includes a “prayer for relief” which outlines what you would like the court to do. The complaint must be served to the defendant with a summons, which is a notice that they are being sued. The defendant must respond to the complaint within specific deadlines and either admit or deny all the allegations contained in the complaint. The defendant can also bring a counterclaim against plaintiff or introduce another defendant as a third-party defendant. A successful personal injury lawsuit is built on solid evidence, including medical records and witness testimony. We collaborate closely with our clients to ensure that all relevant information is collected 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 offer possible. Preliminary Conference In a personal injury lawsuit, your attorney must prove 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 however, the trial is when you can finally determine whether you'll receive the compensation you deserve. In the trial before jurors, your lawyer will argue that the defendant is at responsibility and they will argue that they have to pay for your losses. The defendant will argue that their actions are unrelated to the accident, which will prevent them from having to pay you for your losses. You must attend a pre-trial conference before proceeding with the trial. This is the first time that your case is subject to deadlines set by a judge. It is also the time when your attorney will discuss the case with the defense. A judicial registrar, also known as a member of the court staff usually conducts preliminary conferences. All parties must attend the preliminary conference in person unless the case has been handled in accordance with the New York's Differentiated Case Management Rule or the Rules are otherwise exempted. If a party cannot attend in person, they are able to participate via phone or internet, with the consent of the convenor. If your case is scheduled to be a part of the Differentiated Case Management program, an initial conference can be an opportunity to identify whether your case falls within one of the three classifications that are expedited, standard, or complex. Bill of Particulars After the complaint and summons have been filed, the defendants named in the lawsuit will have between twenty and thirty days (although this deadline can be extended by the court). After the Answer is filed, the case is moved to what is called the discovery phase. During this phase the parties exchange information through written demands for discovery and depositions. Following the conclusion of discovery The attorney for the plaintiff prepares what is known as a Bill of Particulars. The document details the legal claims that are being made and the relief sought – usually an award of money damages. Quincy injury lawyer YouTube of Particulars is intended to inform the defendant notice of the specific legal claims being filed so that they can effectively prepare for trial. Before a Bill of Particulars can be followed, it has to be scrutinized by the court. In general, a court will only accept a Bill of Particulars if it is not vague or overbroad. A Bill of Particulars must only include the specific acts of neglect that are being asserted and not include any 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 any references to willful or intentional actions in a medical malpractice case. The court will not allow a new doctrine to be introduced at any point in the action that is unreasonably late. To avoid prejudice, a belated amendment to the Bill of Particulars should only be allowed when supported by an affidavit offering an acceptable explanation for the lateness of the amendment. Physical Exam If a defense attorney or insurance company requests that you attend an Independent Medical Examination (IME) Your first reaction may be to question the reason a doctor who may not know you or your medical history and the specifics of your injury is asked to conduct an exam. This type of exam, which is required by Washington law, can be beneficial to your case. IMEs are usually conducted by doctors hired by the insurance company of the defendant. They are there to provide an alternative view of your injuries. These doctors, who are sometimes referred to as “independent”, have their own agendas and financial stakes in reducing the amount of compensation which can be awarded to injured victims. 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 aware of what to expect. They will provide a copy of all relevant medical records for the doctor to review. Your lawyer will be present during the IME to make sure that the questions asked by the doctor are consistent with your medical records. It is important to avoid playing around with the severity of your injuries with these doctors, as they are trained to spot the deceit and may use this information against you at trial.