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What is a Personal Injury Lawsuit? You could be entitled to compensation if you have been injured due to the actions or inactions of someone else. To learn more about your rights under the law to pursue compensation, consult a knowledgeable personal injury lawyer. A personal injury lawsuit is a civil litigation where the plaintiff seeks compensation for their losses. This includes medical expenses, lost wages and property damage. The process can last from several months to several years. Damages A personal injury lawsuit is a legal action that is taken to compel another person, or entity to pay you for the damages that result from an accident. The plaintiff is the one who was injured, and the defendants are responsible. When someone dies as a result of inattention or negligence of others In wrongful deaths, the case can be included in personal injury claims. The damages of a victim are typically broken down into two groups: compensatory and punitive. Compensatory damages include medical bills as well as pain and suffering compensation and other out-of pocket expenses. Punitive damages are uncommon and are designed to punish the offender for extreme behavior. The first type of damages is usually referred to as “economic damages.” This is the term used to describe any out-of-pocket costs resulting from the accident and injuries. These might include doctor's bills or hospital costs, as well as physical therapy expenses. In certain cases, additional expenses like the cost of traveling to and from appointments or modifications to your home for permanent disabilities can be included in an insurance claim. Non-economic damages are also referred to by the term “pain and suffer” damages. These damages are difficult to quantify, and they comprise the emotional distress and mental anguish that accidents can cause. Your lawyer can help you value these damages based on the extent of your injury. This could be based on the ability to continue enjoying the activities you used to do or your loss of connection with family members. Statute of limitations In a legal rule known as the statute of limitations, anyone who suffers injury as a result of an accident must make a claim within a certain time frame or their claim will be rejected by the courts. This is to stop evidence from being lost or lost and to stop people from dragging incident-related litigation out indefinitely. The exact duration of time is different from state to state however personal injury claims generally have a two- to four-year limitation. However there are exceptions that could extend the time a victim has to file their claim and they should seek legal advice for assistance in to determine whether or not your case falls under one of the exceptions. The statute of limitations applies only to lawsuits that are filed in the court. A majority of injuries cases are resolved through the process of claiming insurance and do not require formal lawsuit filing. It is still essential to allow yourself sufficient time to start a lawsuit in the event that insurance negotiations aren't as smooth as you had hoped, or if a problem arises that is not resolved by insurance. Certain circumstances may stop the clock on the statute of limitations, but they are not common and have to be assessed on a case by case basis. The statute of limitations may not be established until the victim realizes or should have realized that the injury resulted from someone else's negligence. In certain states, such as New York, it is different for claims that are made against municipalities. Complaint A personal injury lawsuit is a civil case initiated by a victim against the person or entity that caused the injury. It asserts that the defendant violated their duty of care and that this breach caused damage and losses for the plaintiff. The defendant is held responsible for these damages. The first document filed in a personal injury lawsuit is referred to as the complaint. It includes specific allegations regarding the incident that caused your injuries and outlines the damages you seek. The complaint also contains an “prayer for relief” that 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. After the complaint is filed, the defendant is required to file an answer to the complaint within a specified time frame, and must either accept or deny the allegations made in the complaint. The defendant can also file a counterclaim or add a third party defendant to the case as a third party defendant. A successful personal injury lawsuit is built on solid evidence, which includes medical records and witness testimony. We work closely with our clients to ensure that all relevant information is gathered and included in the case. The evidence we have will also assist us in negotiate with defendants' attorneys or insurance agents to obtain the best settlement offer. Preliminary Conference In a personal-injury lawsuit your lawyer must show 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 receive the compensation you deserve. 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 that their actions are not related to the accident, which will prevent them from having to compensate you for your losses. You must attend a pre-trial meeting before you can proceed with the trial. This is often the first time your case will have deadlines established by the Court itself. It is also the time when your attorney will discuss the case with the defense. A judicial registrar, or a member from the court staff, typically holds preliminary conferences. All parties must attend the preliminary conference in person unless the case has been handled by New York's Differentiated Case Management Rule or the Rules are exempted in other ways. However, if a party is unable to attend in person they can take part via phone or online, with the consent of the convenor. If your case is scheduled to be part of the Differentiated Case Management program, the preliminary conference will provide an opportunity to determine whether your case falls into one of the three classifications – expedited, standard or complex. Bill of Particulars After the summons and complaint are filed, the defendants named in the lawsuit will have between twenty and thirty days (although this timeframe is able to be extended by the court). Once the Answer has been filed, the case moves into the discovery phase. In this period the parties exchange information in the form of written discovery demands and depositions. Following the conclusion of discovery, the plaintiff's attorney prepares what is known as a Bill of Particulars. The document details legal claims and the relief sought – typically an award of money damages. The Bill of Particulars is meant to inform the defendant of the specific legal claims being made, so that they can prepare for trial. The court must review the Bill of Particulars before it is able to be followed. In general, the court will only accept the Bill of Particulars if it is not vague or overbroad. A Bill of Particulars should be limited to the specific acts of negligence claimed and should not add new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ) for instance was a case where the court concluded that the plaintiff was not negligent. 1994), the court sustained the motion to strike all references to intentional and willful acts from a medical negligence claim. The court will also not allow a new theory to be introduced at an point in the case that is unreasonably late. To avoid causing prejudice, an amendment made late to a Bill of Particulars must be supported by an affidavit, which gives a reasonable explanation for the lateness of this 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 could be to wonder the reason why a doctor who does not know you or your medical history and the particulars of your injury is required to conduct an examination. Sioux Falls injury lawyers You Tube of examination is required under Washington law, can be beneficial to your case. Typically, IMEs are conducted by medical doctors who are employed by the insurance company of the defendant and their aim is to offer a different perspective to your injuries. While they are sometimes called “independent,” these physicians, just like insurance companies have their own agendas and financial stake in decreasing the amount of compensation that can be awarded to an injured victim. Your Orange County personal injury attorney will make sure you know what you can expect from an IME and will provide a copy to the doctor of all pertinent medical records. Your lawyer will be present during the IME to make sure that the questions asked by the doctor are in line with your medical records. It is important to not play around with the extent of your injuries with these doctors, as they are trained to spot dishonesty and may utilize this information against you at trial.