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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 someone else. To find out more about your legal rights, contact an experienced personal injury lawyer. A personal injury lawsuit is a civil litigant in which the plaintiff seeks compensation for their losses. This includes medical bills, lost wages and property damage. The process can last from a few months to a few years. Damages A personal injury lawsuit is a legal proceeding to compel another person or entity to pay compensation for the damages resulting from an accident. The plaintiff is the one who was injured, and the defendants are the parties accountable. When someone dies as a result of inattention or negligence of others In wrongful deaths, the case are often included in personal injury claims. A victim's damages are typically broken down into two groups that are punitive and compensatory. Compensation damages are designed to make the victim whole for good, including out-of-pocket costs such as medical expenses and compensation for pain and suffering. Punitive damages are not common and are intended to penalize the wrongdoer for extreme conduct. The first category of damages is often known as “economic damages.” This covers all out-of-pocket expenses associated with the accident or injury. These could include doctor's bills as well as hospital expenses and physical therapy expenses. In some cases, additional expenses like the cost of traveling to and from appointments or changes to your home due to permanent disabilities can be included in a claim. Non-economic damages are also described as “pain and suffer” damages. These damages are harder to quantify, and they include the emotional stress and mental stress that accidents can cause. Based on the severity of your injuries your lawyer will help you estimate the value of the damages. This may be based on your capacity to perform the activities you used to or your loss in consortium with your family. Statute of Limitations A legal rule known as the statute of limitation stipulates that anyone injured in an accident should file an action before a specific date or the claim will be dismissed. This is done to prevent evidence from being forgotten or lost, and to prevent individuals from dragging litigation relating to incidents out for an indefinite period. The time frame for filing a claim is different from one state to another, but most personal injury lawsuits have a limit of between two and four years. There are certain exceptions to the period for filing claims. If you need help to determine if your claim is one of these exceptions, then it is recommended that you seek legal advice. The statute of limitations applies only to lawsuits that are filed in the court. Insurance claims are usually used to settle injury cases and do not require formal lawsuits. Even so, it is crucial to give yourself enough time to file a lawsuit in the event that insurance negotiations don't follow the plan or an issue arises that can't be addressed by the insurance system. Some circumstances can pause the clock on the statute of limitations, but they are rare and need to be considered on a case-by-case basis. The statute of limitations might not be established until the victim discovers 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 that are made against municipalities. Complaint A personal injury lawsuit is a civil action brought by an injured person against the person or entity that caused the injury. The plaintiff claims that the defendant violated the duty of care, that this breach caused harm and loss to the plaintiff and that the defendant should be held accountable for the damages. The complaint is the first document that you file in a personal injury case. It includes specific allegations regarding the incident that caused your injuries, as well as the damages you are seeking. The complaint also includes the “prayer of relief” which describes what you want the court to do. The complaint must be served on the defendant, along with a summons, which is a notice that they are being sued. After the complaint is filed, the defendant is required to respond to the complaint within a certain time frame, and must either accept or deny the allegations in the complaint. The defendant can also bring a counterclaim against plaintiff or bring in another defendant as third-party defendant. A successful personal injury lawsuit is based on solid evidence, which includes medical documents and witness testimony. We work closely together with our clients to gather the relevant information and incorporate it in the case. The evidence will also assist us negotiate with the attorney of the defendant or insurance representatives to get the best settlement 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 you were injured in your accident and that your injuries are worthy of financial compensation. It can be a lengthy process, but the trial is when you can finally determine whether you'll be awarded the damages you deserve. In the case of a trial before jurors your lawyer will argue that the defendant is at responsibility and the need to be held accountable for your losses. The defendant will present evidence to prove that their actions are not connected to the accident. This will prevent the defendant from paying for your losses. Before proceeding to trial, you must attend a preliminaries conference. This is often the first time your case will be subject to deadlines set by the Court itself. This is also when your lawyer will discuss the case with the defense. Preliminary conferences are usually conducted by a judicial registrar or a member of the court's staff. All parties must attend the preliminary conference in person, unless the case is handled in accordance with the New York's Differentiated Case Management Rule or the Rules are otherwise exempted. If a party is unable to attend in person, they can participate via telephone or on the internet with the permission of the convenor. If your case is going to be part of the Differentiated Case Management program, a preliminary conference will also provide an opportunity to determine whether your case falls into one of the three categories that are expedited, standard, or complex. Peoria injury attorneys of Particulars After a complaint and summons are filed, the defendant parties identified in the lawsuit are given the option of having twenty or thirty days to submit an Answer (although this deadline can be extended if the court gives approval). When the Answer is filed, the case is moved to what is called the discovery phase. In this phase both parties exchange information via written demands for discovery and depositions. At the conclusion of discovery The attorney for the plaintiff prepares what is called a Bill of Particulars. The document details the legal claims being made as well as the relief requested – 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 he or she can effectively prepare for trial. Before a Bill of Particulars can be followed, it must be reviewed by the court. 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 must only include the specific acts of neglect that are being asserted and not include any 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 the reference to willful or deliberate acts in a medical malpractice case. The court will also not permit a new theory to be added at an point in the case that is unreasonable late. To avoid negative consequences, an amendment made late to the Bill of Particulars should only be permitted if supported by an affidavit offering an adequate explanation for the delay in the amendment. Physical Examination It is possible to ask why a doctor who doesn't know you, or your medical history and isn't familiar with the specifics of your accident, should be asked to conduct a medical examination. However, this type of exam is actually required under Washington law, and it could be beneficial in your case. IMEs are usually performed by doctors who are employed by the insurance company of the defendant. Their aim is to offer a different view of your injuries. These physicians, who are often referred to as “independent” are able to have their own agendas and financial interests in reducing the amount of compensation that can be paid to victims. Your Orange County personal injury attorney will ensure that you understand what you can expect from an IME and will give a copy to the doctor of all relevant medical records. Your lawyer will be present during the IME to ensure that the questions posed by the doctor are in line with your medical records. It is not advisable to downplay or exaggerate the severity of your injury to these doctors. They are trained to spot fraud, and may utilize this information in court.