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What is a Personal Injury Lawsuit? You may be entitled to compensation if have been injured due to the actions or inactions of another person. Contact an experienced personal injury lawyer to find out more about your rights. A personal injury lawsuit is a civil litigant where the plaintiff seeks compensation for their losses. This can include medical bills, lost wages and property damage. The process can take several months to a few years. Damages A personal injury lawsuit is a legal proceeding to compel another person or entity to pay you money for damages related to an accident. The plaintiff is the victim, and the defendants are the ones accountable. If someone dies as a result of the carelessness or infractions committed by others, wrongful death cases are often included in personal injury claims. Damages are usually classified into two categories: compensatory and punitive. Compensatory damages include medical bills as well as pain and suffering compensation and other out-of pocket expenses. Punitive damages are rare and are designed to punish the perpetrator for their extreme behavior. The first type of damages is often referred to as “economic damages.” This covers the cost of out-of-pocket expenses incurred due to the accident or injury. This could include doctor's fees, hospital costs and physical therapy costs. In certain cases other expenses such as the cost of traveling to and from appointments, or changes to your home for permanent disabilities can be included in the claim. Non-economic damages are also referred to by the term “pain and suffer” damages. These damages are harder to quantify and include the emotional distress and mental anguish that accidents can cause. Based on the extent of your injuries, your lawyer will help you determine the value of these damages. It could be based on your capacity to participate in activities that you previously enjoyed or your loss of connection with family members. Statute of limitations A legal requirement, known as the statute of limitations, any person who suffers injury as a result of an accident must bring a lawsuit within a certain time frame or else their claim will be dismissed by the courts. This is to protect evidence from being lost or lost in the shuffle and to stop people from drag out incident-related litigation indefinitely. The time frame for filing a claim differs from one state another, but the majority of personal injury claims have a time limit of between two and four years. However there are exceptions that could extend the time a victim has to submit their claim. They should seek legal advice for help to determine if their case falls into one of the exceptions. Springfield injury lawyer YouTube of the statute of limitations is that it applies only to the filing of a lawsuit in a court. Many injury cases are resolved through the process of claiming insurance and do not require a formal lawsuit filing. However, it is crucial to give yourself enough time to take legal action just in case insurance negotiations do not go as planned or an issue arises that can't be resolved through the insurance system. Some circumstances can pause the clock on the statute of limitations, however they are rare and need to be evaluated on a case by case basis. For instance, the statute of limitations may not start to run until a victim has discovered or reasonably should have discovered that their injury was caused by someone else's negligence, and in some 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 claims that the defendant violated their duty of care and the breach caused harm and losses for the plaintiff. The defendant is accountable for the damages. The complaint is the initial document that is filed in a personal injury lawsuit. It contains detailed allegations concerning the incident that led to your injuries and the damages you want. It also includes the “prayer for relief” that outlines 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. The defendant must respond to the complaint within a set of deadlines and 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 by naming third party defendant. A successful personal injury lawsuit depends on solid evidence including medical records and testimony from witnesses. We work closely with our clients to collect the relevant information and incorporate it in the case. The evidence we have will also assist us in negotiate with the defense attorneys or insurance companies to negotiate the most favorable settlement offer. Preliminary Conference In a personal injury case, your attorney must prove that the negligence of the defendant caused your accident. You must also prove you were injured in the accident and that your injuries are worth financial compensation. It can be a lengthy process, but the trial is when you'll be able to decide if you'll get the damages you deserve. In the case of a trial before jurors the lawyer will argue that the defendant is at liability and that they must be held accountable for your losses. The defendant will provide evidence to show that their actions were unrelated to the accident. This will stop them from paying you for your losses. Before proceeding to trial you must attend a preliminaries conference. This is the first time your case is subject to deadlines set by a judge. This is also when your attorney will be discussing the case with the defense. A judicial registrar, or an individual from the court staff, typically holds preliminary conferences. Unless the case is handled in accordance with New York's Differentiated Case Management Rule, or if it is exempted from the Rules the parties are required to attend in person. If a party is unable to attend in person, the convenor is able to allow them to participate by phone or via the internet. If your case is part of the Differentiated Case Management Program, the initial meeting provides an opportunity to determine if your case falls within one of three categories namely expedited standard or complex. Bill of Particulars After the summons and complaint are filed, the defendants named in the lawsuit will have twenty to thirty days (although this deadline may be extended by the court). After the Answer is filed, the matter moves into the discovery phase. In this stage both parties exchange information via written discovery demands and depositions. Following the conclusion of discovery, the plaintiff's attorney prepares what is known as a Bill of Particulars. This document provides the legal claims being made and the relief sought – usually the award of damages in cash. The Bill of Particulars is intended to inform the defendant notice of the specific legal claims being filed so that he or she is able to effectively prepare for trial. The court must review the Bill of Particulars before it can be complied with. Generally, the court will only accept a Bill of Particulars that is not vague or broad. A Bill of Particulars must only include the specific acts of neglect that are being asserted and must not include new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ) for instance was a case where the court concluded that the plaintiff had not been negligent. 1994) The court ruled in favor of the motion to strike all references to willful and intentional actions from a medical malpractice claim. Similarly, the court will not allow the introduction of a new theory of recovery at an unreasonably late stage in the case. To avoid causing prejudice any late amendment to the Bill of Particulars must be supported by an affidavit which provides a reasonable explanation for the lateness of this amendment. Physical Exam If a defense attorney or insurance company requests that you attend an Independent Medical Examination (IME) Your first reaction could be to wonder why a doctor who does not know you, your medical history, and the specifics of your accident is being requested to conduct an exam. This type of examination, which is required by Washington law, can be beneficial 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 perspective to your injuries. Although they are often described as “independent,” these physicians – just like the insurance companies – have their own agenda and financial stake in cutting down on the amount of compensation that may be given to a victim of injury. Your Orange County personal injury attorney will make sure you know what to 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 ensure that the questions asked by the doctor are in accordance with your medical records. You should not downplay or exaggerate the severity of your injury to these doctors. They are trained to spot fraud, and may use this information at trial.