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What is a Personal Injury Lawsuit? You could be eligible for compensation if you have been injured due to the actions or inactions of another person. Contact a knowledgeable personal injury lawyer to learn more about your rights. A personal injury lawsuit is a civil dispute in which the plaintiff seeks compensation for their loss. This includes medical bills, lost wages and property damage. The process can last 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 compensate you compensation for damages caused by an accident. The plaintiff is the victim and the defendants are the ones accountable. Personal injury cases may include cases of wrongful death when someone dies due to the inattention or negligence of others. The damages a victim suffers are usually broken down into two groups: compensatory and punitive. Compensatory damages are intended to ensure that the victim is completely for good, including out-of-pocket costs such as medical expenses and compensation for suffering and pain. Punitive damages are not common and are intended to penalize the perpetrator for their extreme behavior. The first type of damages is typically called “economic damages.” This covers the cost of out-of-pocket expenses incurred due to the accident and injuries. These could include doctor's bills as well as hospital expenses and physical therapy expenses. Some claims could also cover additional costs, like transportation costs to and from appointments or the need to modify your home to accommodate a disability that is permanent. Non-economic damage can also be described as “pain and suffer” damages. These damages are difficult to quantify, and they comprise the emotional distress and mental stress that an accident can cause. Your lawyer can help you evaluate these damages based upon the severity of your injuries. This could be based on the ability to continue enjoying the activities you used to do or your loss of consortium with family members. Statute of limitations A legal requirement known as the statute of limitation stipulates that anyone injured in an accident file an action before a specific date or else the claim will be dismissed. This is to safeguard evidence from being lost or lost in the shuffle and to stop people from carrying out litigation relating to incidents for an indefinite period. The exact time frame is different from state to state however personal injury claims generally have a two-to four-year time limit. However, there are exceptions that could extend the amount of time required for a victim to file their claim and they should seek legal advice for assistance in to determine whether or not their case falls within one of these exceptions. The statute of limitations applies only to lawsuits that are filed in the court. Many cases of injury are resolved through the insurance claim process and do not require formal lawsuit filing. Even so, it is crucial to give yourself enough time to take legal action in the event that insurance negotiations do not take place as planned or if an issue arises that cannot be addressed by the insurance system. Certain circumstances can stop the clock of the statute of limitations however these cases are extremely rare and need to be considered on a case-by-case basis. The statute of limitations may not begin until the victim is aware or should have known that the injury was caused by another's negligence. In some states, such as New York, it is different for claims made against municipalities. Complaint A personal injury lawsuit is brought by the victim against the person who caused the injury. It asserts that the defendant violated their duty of care and that the breach caused harm and losses for the plaintiff. Arvada injury attorneys You Tube is then held accountable for the losses. The complaint is the first document that you file in a personal injury case. It provides detailed details about the incident that led to your injuries, and the damages you want. The complaint also includes the “prayer of relief” which describes what you would like the court to do. The summons and complaint must be given to the defendant. The defendant must respond to the complaint within specific deadlines and either admit or deny all the allegations contained in the complaint. The defendant may also bring a counterclaim against plaintiff or bring in a different defendant 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 all relevant information and include it in the case. The evidence we have will also assist us in negotiate with defendants' attorneys or insurance agents to obtain the best settlement offer. Preliminary Conference In a personal-injury lawsuit the lawyer for you must prove that negligence on the part of the defendant led to your accident. You must also prove that you suffered injuries from your accident, and that your injuries are a valid reason for financial compensation. It's not an easy process, but it's at the trial that you will 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 is required to compensate you for your losses. The defendant will present evidence to show that their actions are not connected to the accident. This will prevent the defendant from paying for your losses. You must attend a pre-trial meeting before proceeding with the trial. This is typically the first time that your case will have deadlines set by the Court itself. This is also when your attorney will discuss the matter with the defense. Preliminary conferences are typically conducted by a judicial register or someone on the court's staff. All participants must attend the preliminary conference in person unless the case is handled by New York's Differentiated Case Management Rule or the Rules are exempted in other ways. If, however, a person is unable to attend in person, they can participate via phone or internet with the approval of the convenor. If your case is going to be a part of the Differentiated Case Management program, a preliminary conference will also be an opportunity to identify whether your case falls under one of the three categories – expedited, standard or complex. Bill of Particulars After a complaint and summons are filed, the defendants identified in the lawsuit are given twenty or thirty days to submit an Answer (although this time frame can be extended with the court's consent). After the Answer is filed, the matter moves into what is called the discovery phase. During this phase both parties exchange information via written demands for discovery and depositions. The lawyer for the plaintiff prepares a Bill of Particulars at the conclusion of the discovery. The document details 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 that are made to help them prepare for trial. Before a Bill of Particulars can be followed, it must be examined by the court. In general, a court will only accept a Bill of Particulars if it is not vague or overbroad. A Bill of Particulars must only include the specific acts of negligence that are being claimed, and not add any new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ), for example was a case where the court found that the plaintiff had not been negligent. In 1994, the court upheld the motion to strike all any references to willful or intentional acts in a medical malpractice case. The court will also not allow a new theory to be introduced at any stage in the litigation that is unreasonably late. To avoid negative consequences, an amendment made late to the Bill of Particulars should only be allowed if accompanied by an affidavit stating an adequate explanation for the delay in the amendment. Physical Exam If a defense attorney or insurance company demands that you attend an Independent Medical Examination (IME), your natural first instinct may be to question why a doctor who does not know you or your medical history and the details of your accident is being requested to conduct an exam. This type of exam, which is required by Washington law, can be beneficial to your case. IMEs are typically 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 goals and financial interests in reducing the amount of compensation which is awarded to injured victims. Your Orange County personal injury attorney will ensure that you are aware of what to expect from an IME and will give an IME doctor with a copy of the 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 questions of the doctor do not diverge from the ones in your medical records. It is not advisable to downplay or exaggerate the severity of your injury to the doctors. They are trained to detect fraudulent behavior, and can make use of this information in a trial.