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What is a Personal Injury Lawsuit? If you've been hurt through the actions or inactions, you could be able to recover compensation. To learn more about your legal rights to pursue compensation, consult a knowledgeable personal injury lawyer. A personal injury lawsuit is civil dispute where the plaintiff seeks compensation for their loss. This can include medical bills as well as lost wages and property damage. The process can run from several months to several years. Damages A personal injury lawsuit is a legal process which is filed to compel another person, or entity to pay you for damages resulting from an accident. The plaintiff is the one who was injured and the defendants are the ones accountable. If someone dies as a result of the negligence or wrongdoing by others, wrongful death cases are often included in personal injury lawsuits. Damages are typically classified into two categories: punitive and compensatory. Compensation damages are based on medical bills, pain and suffering compensation and other out-of pocket expenses. Punitive damages, which are not common and are intended to punish the wrongdoer if they have committed extreme acts. This category covers all costs that result from the injury or accident. This could include doctor's fees as well as hospital expenses and physical therapy expenses. Certain claims could also include additional costs, like 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 are more difficult to quantify and include the emotional distress, mental suffering and anguish that an accident can cause. Depending on the extent of your injuries, your lawyer will assist you to estimate the value of these damages. This may be based on your capacity to perform the activities you used to or your loss of a relationship with family. Statute of limitations A legal requirement known as the statute of limitation requires that anyone who is injured in an accident should file an action before a specific date or their claim will be dismissed. This is done to prevent evidence from being forgotten or lost, and also to stop people from dragging incident-related litigation out indefinitely. The exact time limit varies from one state to another, but the majority of personal injury lawsuits have a time limit of two to four years. However, there are exceptions that could extend the time a victim has to make a claim, and they should seek legal advice when to determine whether or not their case falls within one of the exceptions. The statute of limitations only applies to lawsuits that are filed in court. Insurance claims are often used to resolve injury cases and do not require formal lawsuits. It is still important to allow yourself enough time to file a lawsuit in the event that insurance negotiations aren't as smooth as you had hoped, or if there is a problem that cannot be resolved with insurance. Certain circumstances can stop the statute of limitations clock however, these situations are rare and generally need to be analyzed on a case-by-case basis. For instance the statute of limitations might not start running until a victim has discovered or ought to have realized that their injuries were caused by someone else's negligence, 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 a victim against the person who caused the injury. The plaintiff claims that the defendant breached a duty of care, and that the breach caused harm and losses to the plaintiff, and that the defendant should be held accountable for the damages. The first document you file with a personal injury lawsuit is called the complaint. It contains detailed allegations about the incident that led to your injuries. It also lists the damages you are seeking. It also contains an “prayer for relief” which outlines what you would like the court to do. The complaint must be served on the defendant along with a summons that is a notice that they are being sued. The defendant must respond to the complaint within certain deadlines and either admit or deny all the allegations in the complaint. The defendant may also file a counterclaim or add another defendant to the case as third party defendant. A successful personal injury lawsuit depends on solid evidence such as medical records and testimony from witnesses. We work closely with our clients to gather all relevant information and then include it in the case. The evidence we collect will also assist us in negotiate with defendants' lawyers or insurance agents to get the best possible settlement offer. Preliminary Conference In a personal-injury case the lawyer for you must prove that negligence on the part of the defendant caused your accident. You must also prove that you suffered injuries due to your accident and that the injuries you sustained are worthy of financial compensation. This can be a long process however, the trial is when you'll be able to decide if you'll get the damages you deserve. In a jury trial your lawyer will argue that the defendant is responsible and is required to compensate you for your losses. The defendant will present evidence to show that their actions were not related to the accident. This will stop them from settling your losses. Before proceeding to trial, you must attend a preliminaries conference. This is the first time your case will be subject to deadlines imposed by a judge. It is also the time where your lawyer will discuss the case with the defense. A judicial registrar, or an individual of the court's staff, usually conducts preliminary conferences. Unless the case is handled in accordance with the New York's Differentiated Case Management Rule, or is otherwise exempt from the Rules All parties are required to attend in person. However, if a party is unable to attend in person, they can participate via phone or internet, with the consent of the convenor. If your case is part of the Differentiated Case Management Program, the initial meeting provides an opportunity to determine whether your case falls under one of three categories namely expedited standard or complex. Bill of Particulars After a complaint and summons are filed, the defendant parties who are named in the lawsuit have either twenty or thirty days in which to respond (although this deadline may be extended if the court gives permission). Once the Answer is filed, the matter moves into the discovery phase. In this period both sides exchange information in the form of written demands for discovery and depositions. The lawyer of the plaintiff drafts the Bill of Particulars at the conclusion of the discovery. The document is a legal declaration of claims and the relief sought, usually 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. Before a Bill of Particulars can be followed, it must be reviewed by the court. In general, the court will only abide by a Bill of Particulars if it isn't vague or overly broad. A Bill of Particulars must only include the specific acts of neglect that are being alleged, and not add any new claims. For instance, in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. 1994) the court granted a motion to strike all references to willful and intentional actions from a medical malpractice claim. Similarly, the court will not allow introduction of a new theory of recovery at an unreasonably late stage in the litigation. To avoid causing Sioux City injury lawsuit made late to a Bill of Particulars must be supported by an affidavit, which gives a reasonable explanation of the lateness of this amendment. Physical Exam If a defense attorney or insurance company demands that you attend an Independent Medical Examination (IME) the first reaction could be to wonder the reason why a doctor who does not know you or your medical history and the specifics of your incident is requested to conduct an exam. This type of exam is required by Washington law, could be beneficial to your case. IMEs are typically conducted by doctors hired by the insurance company of the defendant. They are there to offer a different perspective on your injuries. While they are sometimes referred to as “independent,” these physicians, just like insurance companies have their own agendas and financial interest in decreasing the amount of compensation that could be granted to a victim who has been injured. If you choose to undergo an IME If you decide to undergo an IME, your Orange County personal injury lawyer will make sure that you are well-informed about what to expect and will provide copies of all relevant medical records for the doctor to look over. Your lawyer will also be present at the IME and will ensure that you are being examined fairly by ensuring that the doctors ' questions aren't divergent from the ones in your medical records. Do not underplay or exaggerate the severity of your injuries to these doctors. They are trained to detect dishonesty, and could utilize this information in court.