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What is a Personal Injury Lawsuit? You may be entitled to compensation if you have suffered injuries due to the actions or inactions of someone else. To find out more about your rights under the law get in touch with a seasoned personal injury lawyer. A personal injury lawsuit is a civil litigant in which the plaintiff seeks compensation for their loss. This includes medical expenses as well as lost wages and property damage. The process can last between a few months and several years. Damages A personal injury lawsuit is a legal process that is used to force another person or entity to compensate you for damages resulting from an accident. The plaintiff is the victim, and the defendants are the ones accountable. If someone dies as the result of carelessness or infractions committed by others, wrongful death cases are often included in personal injury lawsuits. Damages are usually classified into two categories: compensatory and punitive. Compensatory damages are meant to make the victim whole and regain their financial security, which includes out-of-pocket expenses like medical bills and compensation for suffering and pain. Punitive damages are not common and designed to punish the wrongdoer for extreme conduct. This category covers all costs incurred as a result of the injury or accident. These could include doctor's bills, hospital costs and physical therapy expenses. In some instances, additional expenses like the cost of travel to and from appointments, or changes to your home to accommodate permanent disabilities may be included in a claim. Non-economic losses are often referred to as “pain and suffering” damages. These are more difficult to quantify and involve the mental and emotional stress, suffering and anguish that an accident can cause. Based on the severity of your injuries, your lawyer will assist you to estimate the value of these damages. It could be based on your ability to enjoy activities you were previously able to enjoy or your loss of consortium with family members. Statute of limitations A legal principle known as the statute of limitations requires that anyone who is injured in an accident must file an action before a specific date or else the claim will be dismissed. This is done to stop evidence from being forgotten or lost, and to prevent those who delay bringing litigation related to an incident out indefinitely. The time frame for filing a claim varies from one state to another, but the majority of personal injury claims have a time limit of two to four years. However, there are exceptions that can extend the amount of time required for a victim to file their claim and they should seek legal advice for assistance in to determine whether or not their case falls into one of the exceptions. The statute of limitations applies only to lawsuits filed in the court. Insurance claims are typically used to resolve injury cases and do not require formal lawsuits. However, it is important to allow yourself plenty of time to file a lawsuit just in case insurance negotiations do not follow the plan or an issue arises that cannot be addressed by the insurance system. Certain circumstances may stop the clock on the statute of limitations, however they are extremely rare and have to be considered on a case-by case basis. For instance, the statute of limitations might not start running until a victim discovered or should have reasonably discovered that their injuries were caused by another person's negligent actions. In certain states, like New York, the statute of limitations differs for claims against municipalities. Complaint A personal injury lawsuit is a civil action brought by an injured person against the person or entity that caused the injury. The plaintiff claims that the defendant breached a duty of care, that the breach caused harm and loss to the plaintiff, and that the defendant should be held liable for those damages. The first document you file with a personal injury lawsuit is called the complaint. It contains specific details about the incident that caused your injuries. It also lists the damages you're seeking. The complaint also contains the “prayer of relief” which describes what you want the court to do. The complaint must be served to the defendant with a summons that is a notice that they are being sued. After the complaint is filed, the defendant has to file an answer to the complaint within a certain time period, and they 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 a third party defendant. A successful personal injury lawsuit depends on solid evidence including medical documents and testimony from witnesses. We work closely with our clients to collect all relevant information and then include it in the case. The evidence we gather will also assist us in negotiate with defense lawyers or insurance agents to get the best possible settlement offer. Preliminary Conference In a personal-injury lawsuit, your lawyer must prove that negligence on the part of the defendant caused your accident. You must also prove you were injured in your accident and that these injuries are worthy of an amount of money. It can be a lengthy process, but it's at the trial that you'll finally know if you will receive the damages you deserve. In a jury trial your lawyer will argue that the defendant is accountable and has to pay for the losses you suffered. The defendant will present evidence that their actions do not contribute to the accident, which prevents them from having to pay you for your losses. Before you can proceed to trial, you must attend a preliminary conference. This is the first time that your case has deadlines set by a court. This is also when your attorney will be discussing the matter with the defense. Preliminary conferences are usually conducted by a judicial register or a member of the court's staff. All parties must attend the initial conference in person, unless the case is handled under New York's Differentiated Case Management Rule or the Rules are otherwise exempted. If a party is unable to attend in person they are able to participate via phone or internet, with the consent of the convenor. If your case is going to be a part of the Differentiated Case Management program, a preliminary conference will also be an opportunity to identify whether your case falls under one of the three classifications which are expedited, standard or complex. Bill of Particulars When a summons and complaint are filed, the defendants who are named in the lawsuit have the option of having twenty or thirty days to file an Answer (although this deadline may be extended if the court gives permission). Once the Answer is filed, the case enters what is known as the discovery phase. In this period the parties exchange information in the form of written discovery demands and depositions. At the conclusion of discovery the attorney representing the plaintiff drafts what is known as a Bill of Particulars. The document is a legal declaration of claims and the relief sought – usually an award of money damages. The Bill of Particulars is intended to inform the defendant notice of the specific legal claims being made, so that they can prepare effectively for trial. The court must examine a Bill of Particulars before it is allowed to be enforced. Generally speaking, 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 negligence that are being alleged and not include any 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. In 1994, the court affirmed a motion to strike any references to willful or intentional acts in a medical negligence case. Similarly, the court will not allow introduction of a new theory of recovery at an unreasonably late stage in the litigation. To avoid causing prejudice, any late amendment to the Bill of Particulars must be supported by an affidavit that gives a reasonable explanation of the tardiness of the amendment. Physical Exam You may question why a doctor who doesn't know you or your medical history, and isn't familiar with the details of your accident, should be asked to conduct a medical exam. Sioux Falls injury attorneys YouTube of exam is required by Washington law, could be beneficial to your case. IMEs are typically conducted by doctors employed by the insurer of the defendant. Their goal is to offer a different perspective on your injuries. While they are sometimes called “independent,” these physicians, just like insurance companies have their own agendas and financial interest in decreasing the amount of compensation that could be awarded to an injured victim. If you decide to go through an IME, your Orange County personal injury lawyer will make sure that you are well-informed about what to expect. They will provide copies of all relevant medical records for the doctor to examine. 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 essential to avoid playing with the severity of your injuries with the doctors, since they are trained to recognize the deceit and may make use of this information against you in trial.