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What is a Personal Injury Lawsuit? If you've been hurt due to another'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 litigation where the plaintiff seeks compensation for their loss. This includes medical expenses or lost wages, as well as property damage. The process can take anywhere from several months to several years. Damages A personal injury lawsuit is a process to compel a person or entity to pay compensation for the damage caused by an accident. The injured party is known as the plaintiff, while the parties accountable are known as defendants. If someone dies as a result of the carelessness or infractions committed by others, wrongful death cases can be included in personal injury lawsuits. Damages are usually divided into two categories: punitive and compensatory. Compensatory damages are meant to help the victim get back on track and regain their financial security, which includes out-of-pocket expenses like medical bills and compensation for pain and suffering. Punitive damages are not common and are designed to punish the perpetrator for their extreme behavior. This category covers all expenses that result from the accident or injury. This could include hospital bills medical expenses, doctor's charges and physical therapy costs. Some claims could also cover additional costs, like the cost of travel to and from appointments, or modifications to your home to accommodate a disability that is permanent. Non-economic damages can also be called “pain and suffer” damages. These are more difficult to quantify and are a result of the emotional distress, mental suffering and anguish that accidents can cause. Depending on the extent of your injuries, your lawyer will help you place a value on these damages. This could be based on the capacity to perform the activities you used to or your loss of consortium with your family. Statute of Limitations A legal requirement known as the statute of limitations requires that anyone who is injured in an accident file an action within a specified date or their claim will be dismissed. This is done to prevent evidence from being lost or lost and to stop individuals from dragging litigation relating to incidents 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 can extend the amount of time that a victim must submit their claim. They should seek legal advice for help determining whether or not their case falls into one of these exceptions. One of the main facets of the statute of limitations is that it only applies to the filing of a lawsuit in a court. Many cases of injury are resolved through the process of filing an insurance claim and do not require a formal lawsuit filing. It is important to give yourself enough time to start a lawsuit in the event that negotiations with insurance do not go as planned or if a problem occurs that cannot be resolved with insurance. Certain circumstances may stop the clock of the statute of limitations however these cases are extremely rare and need to be considered on an individual basis. The statute of limitation may not start until the person realizes or should have realized that the injury was caused by another's negligence. In certain states, like New York, it is different for claims that are made against municipalities. Complaint A personal injury lawsuit is filed by the victim against the person who caused the injury. It asserts that the defendant breached their duty of care, and that the breach caused harm and losses for the plaintiff. The defendant is then held responsible for these damages. The complaint is the first document that you file in a personal injury lawsuit. It provides detailed details about the incident that caused your injuries and the damages you want. The complaint also includes an “prayer of relief” which describes what you would like the court to do. The summons and complaint should be given to the defendant. The defendant must respond to the complaint within a set of time frames and either accept or deny all allegations contained in the complaint. The defendant can also make a counterclaim against the plaintiff or bring in a different defendant as third-party defendant. A successful personal injury lawsuit is built on solid evidence, which includes medical records and witness testimony. We work closely together with our clients to gather all relevant information and include it in the case. The evidence we gather will also help us to negotiate with defense attorneys or insurance agents to obtain the best settlement offer. Preliminary Conference In a personal-injury case, your lawyer must prove that negligence on the part of the defendant led to your accident. You must be able to prove that you sustained injuries from your accident, and that the injuries you sustained are worthy of financial compensation. It's not an easy procedure, but it's at the trial that you'll be able to determine if you receive the damages you are entitled to. In a jury trial your lawyer will argue that the defendant is accountable and has to pay for the losses you suffered. The defendant will present evidence that their actions are not related to the accident, which prevents them from having to reimburse you for your losses. Before proceeding to trial, you must attend a preliminary conference. This is usually the first time your case will be subject to deadlines set by the Court itself. It is also the time where your attorney will discuss the case with the defense. Preliminary conferences are usually conducted by a judicial registrar, or a member of the court's staff. Pueblo injury attorneys must attend the initial conference in person unless the case has been handled in accordance with New York's Differentiated Case Management Rule or the Rules are exempted in other ways. If a person is unable to attend in person, the convenor is able to allow them to participate by phone or online. If your case is part of the Differentiated Case Management Program, the initial meeting provides an opportunity to determine whether your case falls within one of three categories – advanced 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 deadline can be extended by the court). Once the Answer is filed, the case moves into what is known as the discovery phase. During this stage both parties exchange information via written demands for discovery and depositions. The lawyer for the plaintiff prepares a Bill of Particulars at the end of the discovery. This document outlines legal 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 made, to help them prepare for trial. The court must review the Bill of Particulars before it can be complied with. In general, the court will only be able to abide by a 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 example was a case in which the court concluded that the plaintiff was not negligent. In 1994, the court upheld the motion to strike all the reference to willful or deliberate actions in a medical malpractice case. The court will not allow a new doctrine to be added at a point in the case that is unreasonably late. In order to avoid resultant adverse consequences, a late amendment to the Bill of Particulars should only be allowed when supported by an affidavit that provides an acceptable explanation for the lateness of the amendment. Physical Examination You might be wondering why a doctor who doesn't know you, or your medical history and is unfamiliar with the specifics of your accident, would be asked to conduct a medical examination. But, this type of exam is actually an obligation under Washington law, and it can be helpful in your case. IMEs are typically performed by doctors who are employed by the insurance company of the defendant. They are there to offer a different view of 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 could be granted to a victim who has been injured. If you choose to undergo an IME the Orange County personal injury lawyer will ensure that you are well-informed about what to expect and will provide copies of all relevant medical records for the doctor to examine. Your lawyer will also be present at the IME and will ensure that you are being examined with respect and courtesy by ensuring that doctors questions do not deviate from those in your medical records. You should not downplay or exaggerate the severity of your injury to these doctors. They are trained to spot dishonesty, and could utilize this information in court.