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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 able to recover compensation. To find out more about your legal rights get in touch with a seasoned personal injury lawyer. A personal injury lawsuit is a civil dispute in which the plaintiff seeks compensation for their losses. This includes medical bills or lost wages, as well as property damage. The process can take anywhere between a few months and several years. Damages A personal injury lawsuit is a legal proceeding that is taken to force another individual or entity, to pay you for damages resulting from an accident. The injured party is known as the plaintiff and the responsible parties are called defendants. If someone dies as a result of the inattention or negligence of others In wrongful deaths, the case are often included in personal injury lawsuits. Damages are typically classified into two categories: compensatory and punitive. Compensatory damages are meant to help the victim get back on track again, including out-of-pocket expenses like medical bills as well as compensation for pain and suffering. Punitive damages, which are very rare and are intended to punish the offender if they have committed extreme actions. The first category of damages is often referred to as “economic damages.” This is the term used to describe all out-of-pocket expenses associated with the accident or injury. These could include hospital bills as well as doctor's fees and therapy costs. In certain cases other expenses such as the cost of travelling to and from appointments or modifications to your home to accommodate permanent disabilities could be included in a claim. Non-economic damage can also be called “pain and suffer” damages. These damages are difficult to quantify, and comprise the emotional distress and mental anguish that accidents can cause. Based on the severity of your injuries, your lawyer will help you estimate the value of these damages. This could be based on your capacity to participate in activities that you used to do or the loss of your relationship with family members. Statute of limitations Under a legal rule called the statute of limitations, any person who is injured in 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 forgotten or lost, and to prevent those who delay bringing litigation related to an incident out for a long time. The exact length of time for filing a claim varies between states, however, personal injury claims typically have a two- to four-year limitation. However, there are exceptions that may prolong the time required for a victim to file their claim and they should seek legal advice for assistance in determining whether or not your case falls under one of the exceptions. A key aspect of the statute of limitations is that it is only applicable to the filing of a lawsuit in a court. Insurance claims are often used to settle injury cases and do not require formal lawsuits. But, it's important to leave yourself plenty of time to file a lawsuit in the event that negotiations don't take place as planned or if there is a problem that cannot be easily addressed through the insurance system. A few circumstances can pause the statute of limitations clock, but these instances are extremely rare and need to be evaluated on a case-by-case basis. For example the statute of limitations might not start running until a victim discovered or should have reasonably discovered that their injuries were caused by a negligent actions. In certain states, such as New York, the statute of limitations differs for claims against municipalities. Complaint A personal injury lawsuit is brought by a victim against the person who caused the injury. It alleges that the defendant violated a duty of care, that this breach caused harm and losses to the plaintiff and that the defendant is liable for those damages. The first document filed in a personal injury lawsuit is known as the complaint, and it contains detailed allegations about the incident that led to your injuries. It also lists the damages you're seeking. The complaint also contains an “prayer of relief” which outlines what you would like 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 is required to submit an answer to the complaint within a certain timeframe, and will either admit or deny the allegations made in the complaint. The defendant can also file a counterclaim, or add another defendant to the case as third party defendant. A successful personal injury lawsuit relies on solid evidence, including medical documents and testimony from witnesses. We work closely with our clients to collect the relevant information and incorporate it in the case. The evidence will also help us negotiate with the defendant's attorneys or insurance representatives to get the best settlement offer possible. 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 also prove that you suffered injuries as a result of your accident, and that those injuries warrant financial compensation. It's a long procedure, but it's at the trial that you'll find out if you be awarded the compensation you are entitled to. In the trial before jurors, your lawyer will argue for the defendant's responsibility and the need to pay for your losses. The defendant will present evidence to prove that their actions were not related to the accident. This will stop them from paying you for your losses. You must attend a pre-trial meeting prior to proceeding with the trial. This is the first time your case will be subject to deadlines imposed by a judge. It is also the time that your attorney will discuss the case with the defense. A judicial registrar, also known as an individual of the court staff typically conducts preliminary conferences. Unless the case is being handled under 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 telephone or on the internet, with the consent of the convenor. If your case is to be a part of the Differentiated Case Management program, the preliminary conference will provide an opportunity to determine whether your case falls under one of the three categories that are expedited, standard, or complex. Bill of Particulars After a complaint and summons are filed, the defendants identified in the lawsuit are given either twenty or thirty days in which to respond (although this deadline may be extended with the court's approval). Once the Answer has been filed, the matter moves into what is called the discovery phase. In this period the parties exchange information in the form of written demands for discovery 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 an award of money damages. The Bill of Particulars is intended to inform the defendant notice of the specific legal claims being made so that they can effectively prepare for trial. The court must look over a Bill of Particulars before it is allowed to be enforced. Generally, the court will only accept a Bill of Particulars that is not overbroad or vague. A Bill of Particulars must only include the specific acts of neglect that are being asserted and not include any new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ), for example, was a case where the court ruled that the plaintiff had not been negligent. In 1994, the court upheld the motion to strike out references to intentional or willful acts in a medical malpractice case. Similarly, the court will not permit the addition of a new theory of recovery at an unreasonably late stage in the litigation. To avoid causing prejudice an amendment made late to the Bill of Particulars must be supported by an affidavit, which provides a reasonable explanation for the tardiness of the amendment. Physical Exam If a defense attorney, or an insurance company requests that you take part in an Independent Medical Examination (IME), your natural first instinct could be to wonder the reason a doctor who may not know you or your medical history and the details of your accident is being requested to conduct an exam. This type of exam is required under Washington law, can be beneficial to your case. Topeka injury lawsuits www.youtube.com are usually performed by doctors who are employed by the insurer of the defendant. They are there to provide an alternative view of your injuries. These physicians, who are often referred to as “independent” and have their own agendas and financial stakes in reducing the compensation that can be awarded to injured victims. 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 relevant medical records. Your lawyer will also be present at the IME and will ensure that you are being treated fairly by ensuring that the doctors questions do not deviate from the ones you have in your medical records. It is crucial to avoid playing up or down the severity of your injuries with the doctors, since they are trained to spot fraud and could make use of this information against you in trial.