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What is a Personal Injury Lawsuit? You could be entitled to compensation if you were injured as a result of the actions or inactions of someone else. Contact a knowledgeable personal injury lawyer to find out more about your rights. A personal injury lawsuit is civil litigant where the plaintiff seeks compensation for their losses. This can include medical bills or lost wages, as well as property damage. The process can last from several months to several years. Damages A personal injury lawsuit is a process to force another person or entity to pay compensation for the damages resulting from an accident. The person who is injured is referred to as the plaintiff, while the parties accountable are known as defendants. If someone dies as a result of the inattention or negligence of others the wrongful death case may be part of personal injury claims. The damages of a victim are typically broken down into two groups which are: punitive and compensatory. Compensation damages are designed to make the victim whole again, including out-of-pocket expenses such as medical expenses and compensation for suffering and pain. Punitive damages, which are rare and are intended to punish the wrongdoer for committing extreme crimes. The first type of damages is typically known as “economic damages.” This includes the cost of out-of-pocket expenses incurred due to the accident or injury. These may include hospital expenses, doctor's fees and physical therapy costs. Some claims may also include additional expenses, such as the cost of travel to and from appointments or home modifications to accommodate a disability that is permanent. Non-economic damages are also referred to by the term “pain and suffer” damages. These damages are more difficult to quantify, and include the emotional stress and mental anguish that an accident can cause. Depending on the severity of your injuries, your lawyer will help you place a value on the damages. This could be based on the ability to carry out the things you did before or your loss of consortium with your family. 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 specified time or their claim will be dismissed by the courts. This is done to prevent evidence from being lost or lost, and also to stop those who delay bringing litigation related to an incident out for an indefinite period. The exact length of time for filing a claim varies from state to state, however personal injury claims generally have a two-to four-year time limit. There are some exceptions to the time to file a claim. If you need assistance to determine if your claim is one of these exceptions, it is recommended to seek legal advice. The statute of limitations applies only to lawsuits filed in court. Insurance claims are usually used to resolve injuries and do not require formal lawsuits. Even so, it is important to leave yourself enough time to pursue legal action in the event that insurance negotiations do not go as planned or an issue arises that can't be resolved through the insurance system. Certain circumstances may stop the statute of limitations clock, but these instances are very rare and have to be considered on an individual basis. The statute of limitations might not start until the person is aware or should have known that the injury was caused by another's negligence. In Detroit injury lawyer YouTube , like New York, it is different for claims that are made against municipalities. Complaint A personal injury lawsuit is filed by a victim against the person who caused the injury. It asserts that the defendant breached their duty of care and that this breach resulted in harm and losses for the plaintiff. The defendant is held accountable for the losses. The complaint is the primary document that is filed in a personal injury case. It includes specific allegations about the incident that led to your injuries, as well as the damages you seek. It also includes the “prayer for relief” that describes what you want the court to do. The complaint and summons must be delivered to the defendant. The defendant must respond to the complaint within certain time frames and either accept or deny the allegations made 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 based on solid evidence, which includes medical records and witness testimony. We work closely with our clients to gather all relevant information and include it in the case. The evidence we have can also assist us to negotiate with the defense attorneys or insurance agents to get the best possible settlement offer. Preliminary Conference In a personal injury case your lawyer must demonstrate that the defendant's negligence 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's not an easy process, but it is at the trial that you will be able to determine if you be awarded the compensation you are entitled to. In a 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 provide evidence to show that their actions are not connected to the accident. This will prevent the defendant from paying for your losses. Before proceeding to trial you must attend a preliminaries conference. This is the first time that your case will be subject to deadlines imposed by a judge. This is also the time where your attorney will discuss the case with the defense. Preliminary meetings are usually held by a judicial registrar, or someone on the court's staff. All parties must attend the initial conference in person unless the case has been handled by New York's Differentiated Case Management Rule or the Rules are otherwise exempted. If a party cannot attend in person, they can take part via phone or online with the approval 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 within one of the three classifications – expedited, standard or complex. Bill of Particulars After the summons and complaint have been filed, defendants named in the lawsuit will have twenty to thirty days (although this time frame can be extended by the court). After the Answer is filed, the case is moved into what is called the discovery phase. During this time both sides exchange information in the form of written discovery demands and depositions. The lawyer for the plaintiff prepares a Bill of Particulars at the end of discovery. The document details the legal claims that are 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 made so that they is able to effectively prepare for trial. The court must examine the Bill of Particulars before it is able to be followed. Generally, the court will only accept a Bill of Particulars that is not overbroad or vague. A Bill of Particulars should be limited to the specific negligence that is being claimed and should not contain new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ) for instance was a case where the court found that the plaintiff had not been negligent. 1994) the court granted a motion to strike all references to intentional and willful actions from a medical malpractice claim. The court will not allow a new doctrine to be introduced at any point in the action that is unreasonablely late. To avoid causing prejudice, any late amendment to a Bill of Particulars must be supported by an affidavit that gives a reasonable explanation of the lateness of this amendment. Physical Exam When a defense attorney or insurance company demands that you attend an Independent Medical Examination (IME) the first reaction could be to wonder why a doctor who does not know you, your medical history, and the details of your accident is being requested to conduct an exam. However, this type of examination is actually an obligation under Washington law and could be beneficial in 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 to your injuries. Although they are sometimes referred to as “independent,” these physicians – just like the insurance companies – have their own agenda and financial interest in decreasing the amount of compensation that can be given to a victim of injury. Your Orange County personal injury attorney will ensure that you are aware of what to expect from an IME and will provide an IME doctor with a copy of all relevant medical records. Your lawyer will also be present at the IME and will ensure that you are being examined with respect and courtesy by ensuring that questions of the doctor do not diverge from the ones in your medical records. It is essential to not play around with the severity of your injuries to the doctors, since they are trained to spot fraud and could make use of this information against you in trial.