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What is a Personal Injury Lawsuit? You could be entitled to compensation if were injured as a result of the actions or inactions of another person. To find out more about your rights under the law to pursue compensation, consult a knowledgeable personal injury lawyer. A personal injury lawsuit is a civil litigant in which the plaintiff seeks compensation for their loss. This includes medical expenses or lost wages, as well as property damage. The process can run from several months to several years. Damages A personal injury lawsuit is a legal process that is taken to compel another person, or entity to pay you for the damages that result from an accident. The plaintiff is the victim and the defendants are the ones accountable. When someone dies as a result of the negligence or wrongdoing by others In wrongful deaths, the case can be included in personal injury claims. Damages are usually classified into two categories: punitive and compensatory. Compensation damages are designed to make the victim whole again, including out-of-pocket expenses such as medical expenses as well as compensation for suffering and pain. Punitive damages, which are rare and are designed to punish the offender when they have committed a number of extreme actions. The first category of damages is often called “economic damages.” This covers any out-of-pocket costs resulting from the accident or injury. These could include hospital bills as well as doctor's fees and therapy costs. Certain claims could also include additional costs, like travel costs to and from appointments or modifications to your home to accommodate a disability that is permanent. Non-economic damage can also be called “pain and suffer” damages. These damages are difficult to quantify and comprise the emotional distress and mental stress that accidents can cause. Based on the severity of your injuries your lawyer will assist you to determine the value of the damages. This could be based on the capacity to perform the things you were previously able to do or your loss in consortium with family. Statute of limitations A legal requirement, known as the statute of limitations, any person who suffers injury as a result of an accident must make a claim within a certain time frame or else their claim will be rejected by the courts. This is to safeguard evidence from being lost or forgotten, and to prevent people from dragging out litigation related to an incident for a long time. 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 amount of time a victim has to make a claim, and they should seek legal advice when determining whether or not their case falls within one of these exceptions. The statute of limitations applies only to lawsuits filed in court. A majority of injuries cases are resolved through the process of claiming insurance and do not require a formal lawsuit filing. It is still essential to allow yourself sufficient time to file a lawsuit in the event that insurance negotiations don't go as planned, or if a problem arises that cannot be resolved with insurance. Some circumstances can pause the clock on the statute of limitations, however they are extremely rare and have to be considered on a case-by case basis. The statute of limitation may not start until the person discovers or should have known that the injury was caused by someone else's negligence. In some states, like New York, it is different for claims against municipalities. Complaint A personal injury lawsuit is a civil case initiated by a victim against the person or entity that caused the injury. The plaintiff claims that the defendant violated their duty of care, and that this breach caused damage and losses for the plaintiff. The defendant is then accountable for the damages. The first document filed with a personal injury lawsuit is referred to as the complaint. It contains detailed allegations about the incident that caused your injuries and outlines the damages you seek. The complaint also contains a “prayer of relief” which describes what you would like the court to do. The summons and complaint should be given to the defendant. After the complaint is filed, the defendant must submit an answer to the complaint within a specified timeframe, and must either accept or deny the allegations made in the complaint. The defendant can also file a counterclaim against the plaintiff or introduce another defendant as third-party defendant. A successful personal injury lawsuit relies on solid evidence, including medical records and testimony from witnesses. We work closely together with our clients to gather all relevant information and then include it in the case. The evidence we collect will also help us to negotiate with defense attorneys or insurance agents to obtain the best settlement offer. Preliminary Conference In a personal injury lawsuit the attorney for you must prove that the negligence of the defendant led to 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, but it is at the trial that you will be able to determine if you get the compensation you deserve. In the trial before a jury your lawyer will argue the defendant's responsibility and they will argue that they have to compensate you for your losses. The defendant will present evidence to prove that their actions were unrelated to the accident. This will prevent them from settling your losses. You must attend a pre-trial meeting before you can proceed with the trial. This is the first time your case is subject to deadlines set by a court. This is also the time where your attorney will discuss the case with the defense. Preliminary conferences are usually conducted by a judicial registrar or an individual from the court's staff. Unless the case is being handled under New York's Differentiated Case Management Rule, or is otherwise exempt from the Rules All parties are required to be present in person. If, however, a person 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, an initial meeting also provides an opportunity to determine if 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 named in the lawsuit have either twenty or thirty days in which to respond (although this deadline can be extended if the court gives approval). After Eau Claire injury attorney has been filed, the case moves into the discovery phase. In this period, both sides exchange information in the form of written discovery demands and depositions. The lawyer of the plaintiff drafts a Bill of Particulars at the end of the discovery. The document is a legal declaration of claims and the relief sought – typically the award of damages in cash. The Bill of Particulars is intended to put the defendant on 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. In general, a court will only abide by a Bill of Particulars if it is not vague or 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 the motion to strike all references to willful and intentional actions from a medical malpractice claim. The court will not allow a new theory to be added at any point in the action that is unreasonable late. In order to avoid resultant adverse consequences, a late amendment to a Bill of Particulars should only be allowed when supported by an affidavit stating an adequate explanation for the lateness of the amendment. Physical Exam When 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, your medical history, and the particulars of your incident is required to conduct an examination. However, this type of examination is actually an obligation under Washington law, and it could be beneficial to your case. Typically, IMEs are conducted by doctors medical who are hired by the insurance company representing the defendant and their aim is to provide a different view of your injuries. These doctors, often referred to as “independent”, have their own agendas and financial stakes in reducing the compensation that is awarded to injured victims. If you decide to go through an IME If you decide to undergo an IME, your Orange County personal injury lawyer will ensure that you are fully informed about what to expect. They will provide a copy of all relevant medical records to the doctor to examine. Your lawyer will also be present at the IME and can ensure that you are being treated with respect and courtesy by ensuring that doctors questions do not deviate from the ones you have in your medical records. Do not underplay or exaggerate the severity of your injury to the doctors. They are trained to spot dishonesty, and could use this information at trial.