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What is a Personal Injury Lawsuit? If you've been injured by another person's actions or inactions, you could be eligible for compensation. 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 dispute where the plaintiff is seeking money to cover their losses, which include medical bills, lost wages damages to property and other expenses. The process can last from a few months to several years. Damages A personal injury lawsuit is a legal proceeding to force another person or entity to pay compensation for the damage caused by an accident. The party who suffered the injury is known as the plaintiff, while the parties accountable are known as defendants. 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 divided into two categories: punitive and compensatory. Compensation damages are designed to make the victim whole for good, including out-of-pocket costs such as medical bills as well as compensation for pain and suffering. Punitive damages, which are rare and are intended to punish the wrongdoer when they have committed a number of extreme acts. The first category of damages is usually referred to as “economic damages.” This covers the cost of out-of-pocket expenses incurred due to the accident or injury. These could include hospital bills, doctor's fees and physical therapy costs. In some cases other expenses such as the cost of traveling to and from appointments, or modifications made to your home to accommodate permanent disabilities could also be included in a claim. Non-economic losses are often referred to as “pain and suffering” damages. They are more difficult to quantify and include the emotional distress, mental anguish and suffering caused by accidents. Based on the severity of your injuries, your lawyer can help you determine the value of the damages. It could be based on your ability to enjoy activities you previously enjoyed or the loss of your relationship with family members. 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 within a specified date or else the claim will be dismissed. This is to prevent evidence from being lost or lost in the shuffle and to prevent people from dragging out incident-related litigation indefinitely. The exact time limit is different from one state to another, but the majority of personal injury lawsuits have a time limit of between two and four years. There are certain exceptions to the limit for filing claims. If you need assistance to determine if your claim is one of these exceptions, then it is recommended that you seek legal advice. One of the most important aspects of the statute of limitations is that it is only applicable to the filing of an action in court. Insurance claims are typically used to resolve injuries and do not require formal lawsuits. Even so, it is important to allow yourself plenty of time to take legal action in the event that negotiations don't follow the plan or an issue arises that cannot be resolved through the insurance system. Some circumstances can pause the clock on the statute of limitations, however they are not common and have to be considered on a case-by case basis. For instance the statute of limitations may not begin to run until a victim discovered or should have reasonably discovered that their injuries were caused by someone else's negligence, and in certain states, such as New York, the statute of limitations is different for claims against municipalities. Complaint A personal injury lawsuit is a civil action filed by an injured party against the person or entity that caused the injury. It asserts that the defendant breached their duty of care, and that this breach caused damage and losses for the plaintiff. The defendant is then held accountable for the losses. The complaint is the first document that you file in a personal injury case. It contains detailed allegations regarding the incident that caused your injuries, and the damages you are seeking. The complaint also includes an “prayer of relief” that outlines what you want the court to do. The complaint must be served on the defendant, along with a summons which is a notification that they are being sued. After the complaint is filed, the defendant must respond to the complaint within a certain time period, and they must either accept or deny the allegations made in the complaint. The defendant can also file a counterclaim against the plaintiff or bring in another defendant as 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 have will also assist us in negotiate with the defendants' attorneys or insurance agents to negotiate the most favorable settlement offer. Preliminary Conference In a personal injury lawsuit your lawyer must demonstrate that the negligence of the defendant led to your accident. You must also prove that you were injured in your accident and that your injuries are worthy of the amount of financial compensation. It's a long process, but it is at the trial that you'll find out if you be awarded the compensation you are 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 provide evidence that their actions are unrelated to the accident, which prevents them from having to compensate you for your losses. You must attend a pre-trial meeting prior to proceeding with the trial. This is the first time that your case is subject to deadlines set by a court. It is also the time when your lawyer will discuss the case with the defense. Preliminary conferences are typically conducted by a judicial register or a member of the court's staff. All participants must attend the preliminary conference in person unless the case is handled under the New York's Differentiated Case Management Rule or the Rules are exempted in other ways. If a party is unable to attend in person, the convenor may permit them to attend via phone or online. If your case will be part of the Differentiated Case Management Program, an initial meeting also provides an opportunity to determine whether your case falls under one of three categories: complicated or expedited standard. Bill of Particulars After the complaint and summons have been filed, defendants named in the lawsuit will be given between twenty and thirty days (although this deadline can be extended by the court). When the Answer is filed, the case is moved to what is known as the discovery phase. In this phase the parties exchange information via written demands for discovery and depositions. Following the conclusion of discovery the attorney representing the plaintiff drafts what is called a Bill of Particulars. This document outlines the legal claims being made and the relief sought, usually an award of money damages. The Bill of Particulars is intended to put the defendant on notice of the specific legal claims being made so that he or she can effectively prepare for trial. The court must review a Bill of Particulars before it is able to be followed. In general, a court will only accept a Bill of Particulars if it isn't vague or overly broad. A Bill of Particulars must only include the specific acts of negligence that are being claimed and must not include new claims. For instance, in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. In 1994, the court upheld the motion to strike all any references to willful or intentional acts in a medical negligence case. The court will also not permit a new theory to be added at an point in the case that is unreasonably late. To avoid adverse consequences, a late amendment to the Bill of Particulars should only be allowed if accompanied by an affidavit that provides a reasonable excuse for the delay in the amendment. Las Cruces injury lawyer If a defense attorney or insurance company demands that you attend an Independent Medical Examination (IME) Your first reaction may be to question why a doctor who does not know you, your medical history, and the particulars of your incident is required to conduct an examination. This type of examination 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 their goal is to offer a different perspective to your injuries. Although they are sometimes described as “independent,” these physicians as well as insurance companies – have their own agenda and financial interest in cutting down on the amount of compensation that may be given to a victim of injury. Your Orange County personal injury attorney will ensure that you understand what to expect from an IME and will provide the doctor with a copy of all pertinent medical records. Your lawyer will also be present at the IME and will make sure that you are being examined in a fair manner by ensuring that the questions of the doctor do not diverge from those in your medical records. Do not underplay or exaggerate the severity of your injury to the doctors. They are trained to detect fraudulent behavior, and can use this information at trial.