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What is a Personal Injury Lawsuit? If you've been injured due to another's actions or inactions, you could 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 action in which the plaintiff seeks compensation for their losses, including medical expenses, lost wages, property damage, and other costs. The process can take anywhere from several months to a few years. Damages A personal injury lawsuit is a legal proceeding which is filed to force another person or entity to pay you for damages resulting from an accident. The party who suffered the injury is known as the plaintiff while the parties accountable are known as defendants. Personal injury cases can include the wrongful death of a person who dies because of the negligence or wrongful actions of others. The damages of a victim are typically divided into two categories that are punitive and compensatory. Compensation damages are based on medical bills as well as pain and loss compensation, and other out-of-pocket expenses. Punitive damages are not common and are intended to penalize the wrongdoer for extreme conduct. This category includes all expenses caused by the injury or accident. These may include hospital expenses medical expenses, doctor's charges and physical therapy costs. Some claims may also include additional expenses, such as transportation costs to and from appointments, or home modifications to accommodate a disability that is permanent. Non-economic damage can also be referred to by the term “pain and suffer” damages. These are more difficult to quantify and are a result of the mental and emotional stress, anxiety and suffering caused by accidents. Depending on the severity of your injuries your lawyer can help you place a value on the damages. This may be based on your ability to do things you were previously able to do or your loss of consortium with your family. Statute of Limitations A legal principle known as the statute of limitation requires that anyone who is injured in an accident must file an action within a specified date or else the claim will be dismissed. This is to stop evidence from being lost or lost and to stop people from dragging incident-related litigation out for a long time. The exact duration of the time limit varies from one state to another, but the majority of personal injury claims have a limit of between two and four years. However there are exceptions that can extend the time required for a victim to make a claim, and they should seek legal advice for help determining whether or not their case falls within one of the exceptions. One of the main facets of the statute of limitations is that it only applies to the filing of a lawsuit in court. Many injury cases are resolved through the insurance claim process and do not require a formal lawsuit filing. It is still important to give yourself enough time to bring a lawsuit in the event that insurance negotiations do not go as planned or if a problem occurs that cannot be resolved with insurance. Certain circumstances may stop the clock on the statute of limitations, but these instances are very rare and have to be evaluated on an individual basis. For instance the statute of limitations might not start running until a victim discovered or reasonably should have discovered that their injury was caused by a negligent actions, and in some states, such as New York, the statute of limitations is different for claims against municipalities. Complaint A personal injury lawsuit is filed by the victim against the person who caused the injury. It alleges that the defendant violated a duty of care, that this breach caused harm and losses to the plaintiff and that the defendant is accountable for the losses. The complaint is the first document that you file in a personal injury case. It contains detailed allegations concerning the incident that caused your injuries, as well as the damages you seek. It also contains a “prayer for relief” that describes what you would like the court to do. The summons and complaint must be delivered to the defendant. After the complaint is filed, the defendant is required to submit an answer to the complaint within a specific timeframe, and must either accept or deny the allegations in the complaint. The defendant may also file a counterclaim against the plaintiff or bring in another defendant as third-party defendant. A successful personal injury lawsuit is built on solid evidence, which includes medical documents and witness testimony. We work closely together with our clients to gather all relevant information and include it in the case. The evidence we gather can also assist us to negotiate with defendants' attorneys or insurance agents to negotiate the most favorable settlement offer. Preliminary Conference In a personal injury case your lawyer must show that negligence on the part of the defendant led to your accident. You must also prove you were injured in the accident and that these injuries are worthy of financial compensation. This could be a long process, but the trial is when you'll be able to decide if you'll get the damages you're entitled to. In a jury trial, your lawyer will argue that the defendant is responsible and is required to compensate you for the losses you suffered. The defendant will present evidence to prove that their actions are not connected to the accident. This will stop them from paying you for your losses. Before you can proceed to trial you must attend a preliminaries conference. This is often the first time your case will have deadlines established by the Court itself. This is also the time when your attorney will be discussing the case with the defense. A judicial registrar, also known as an official from the court staff, typically holds preliminary conferences. All parties must attend the initial conference in person unless the case is handled in accordance with New York's Differentiated Case Management Rule or the Rules are otherwise exempted. If a party is unable to attend in person, the convenor may allow them to participate by telephone or online. If your case is part of the Differentiated Case Management Program, an initial meeting also provides an opportunity to determine whether your case falls into one of three categories – advanced standard or complex. Bill of Particulars After the summons and complaint have been filed, the defendants named in the lawsuit will have twenty to thirty days (although this deadline is able to be extended by the court). Once the Answer is filed, the case enters what is called the discovery phase. In this stage both parties exchange information through written discovery demands and depositions. The lawyer for the plaintiff prepares a Bill of Particulars at the conclusion of the discovery. The document details the legal claims being made 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 he or she can effectively prepare for trial. The court must examine the Bill of Particulars before it is allowed to be enforced. In general, courts will only accept a Bill of Particulars that is not overbroad or vague. A Bill of Particulars must only include the specific acts of negligence that are being alleged and not include any new claims. For instance, in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. In 1994, the court upheld the motion to strike out the reference to willful or deliberate acts in a medical negligence case. The court will not allow a new doctrine to be introduced at a stage in the litigation that is unreasonable late. To avoid causing prejudice an amendment made late to a Bill of Particulars must be supported by an affidavit that gives a reasonable explanation for the delay of this amendment. Physical Exam If a defense attorney or insurance company requests that you take part in an Independent Medical Examination (IME), your natural first instinct might be to ask why a doctor who does not know you and your medical history and the details of your incident is requested to conduct an exam. This type of exam is required by Washington law, could be beneficial to your case. Typically, IMEs are conducted by medical doctors who are employed by the insurance company representing the defendant and aim to provide a different perspective on your injuries. These physicians, who are often referred to as “independent” are able to have their own agendas and financial interests in reducing the amount of compensation that can be awarded to injured victims. If you decide to undergo an IME, your Orange County personal injury lawyer will ensure that you are well-informed about what to expect. just click the following internet site will provide the complete set of medical records to the doctor to look over. Your lawyer will also be present at the IME and will ensure that you are being treated in a fair manner by ensuring that the doctors ' questions aren't divergent from the ones you have in your medical records. Do not underplay or exaggerate the severity of your injuries to the doctors. They are trained to spot dishonesty, and could utilize this information in court.