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What is a Personal Injury Lawsuit? You could be entitled to compensation if have suffered injuries due to the actions or inactions of another person. To learn more about your rights under the law to pursue compensation, consult a knowledgeable personal injury lawyer. A personal injury lawsuit is civil dispute where the plaintiff seeks compensation for their loss. This can include medical bills as well as lost wages and property damage. The process can run from several months to several years. Damages A personal injury lawsuit is a legal proceeding to force another person or entity to pay you compensation for the damage caused by an accident. The plaintiff is the injured party, and the defendants are the parties responsible. If someone dies as a result of the negligence or wrongdoing by others the wrongful death case may be part of personal injury claims. Damages are usually divided into two categories: compensatory and punitive. Compensatory damages are intended to make the victim whole for good, including out-of-pocket costs like medical bills as well as compensation for suffering and pain. Punitive damages, which are not common, are meant to punish the perpetrator when they have committed a number of extreme crimes. The first type of damages is typically referred to as “economic damages.” This includes the cost of out-of-pocket expenses incurred due to the accident or injury. These 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 permanent disability. Non-economic damage can also be described as “pain and suffer” damages. They are more difficult to quantify and are a result of the mental and emotional stress, suffering and anguish that an accident can cause. Your lawyer will assist you to determine the value of these damages based on the severity of your injuries. This may be based on your ability to carry out the things you were previously able to do or your loss in consortium with family. Statute of limitations A legal rule known as the statute of limitations obliges anyone injured in an accident file an action within a specified date or else the claim will be dismissed. This is to stop evidence from being forgotten or lost and to stop people from dragging incident-related litigation out for an indefinite period. The time frame for filing a claim is different from one state to another, but the majority of personal injury claims have a time frame of two to four years. However there are exceptions that could extend the amount of time required for a victim to submit their claim. They should seek legal advice when to determine whether or not their case falls within one of the exceptions. The statute of limitations applies only to lawsuits filed in the court. Insurance claims are often used to resolve injuries and do not require formal lawsuits. Even so, it is important to leave yourself enough time to take legal action in the event that insurance negotiations fail to go as planned or an issue arises that cannot be easily addressed through the insurance system. A few circumstances can pause the clock on the statute of limitations, but these instances are very rare and have to be considered on a case-by-case basis. For instance, the statute of limitations may not start running until a victim discovered or reasonably should have discovered that their injury was caused by someone else's negligent actions, and in certain states, such as New York, the statute of limitations is different for claims against municipalities. Complaint A personal injury lawsuit is brought by the victim against the person who caused the injury. It claims that the defendant violated a duty of care, and that the breach caused harm and loss to the plaintiff and that the defendant should be held accountable for the damages. The first document filed with a personal injury lawsuit is known as the complaint. It includes specific allegations regarding the incident that led to your injuries. It also outlines the damages you're seeking. The complaint also contains an “prayer of relief” which describes what you would like the court to do. The complaint and summons must be given to the defendant. After the complaint is filed, the defendant is required to respond to the complaint within a certain time period, and they must either accept or deny the allegations in the complaint. The defendant may also file a counterclaim or add another defendant to the case by naming a third party defendant. A successful personal injury lawsuit is built on solid evidence, such as medical documents and witness testimony. We work closely together with our clients to collect all relevant information and then include it in the case. The evidence will also help us negotiate with the attorney of the defendant or insurance companies to negotiate the best settlement offer possible. 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 you were injured in the accident and that your injuries are worthy of financial compensation. It can be a lengthy procedure, but it's at the trial that you will be able to determine if you receive the damages you deserve. In the case of a trial before a jury your lawyer will argue that the defendant is at liability and that they must pay for your losses. The defendant will provide evidence to prove 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 discussion before you can proceed with the trial. This is the first time that your case will be subject to deadlines imposed by a judge. It is also the time where 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. If the case is handled in accordance with New York's Differentiated Case Management Rule, or if it is exempted from the Rules All participants are required to attend in person. However, if a party is unable to attend in person they can take part via phone or online with the permission of the convenor. If Richmond injury attorneys is going to be a part of the Differentiated Case Management program, an initial conference can be an opportunity to identify whether your case falls into one of the three classifications which are expedited, standard or complex. Bill of Particulars After the summons and complaint are filed, the defendants named in the lawsuit will have twenty to thirty days (although this deadline is able to be extended by the court). Once the Answer has been filed, the case moves into the discovery phase. In this phase, both parties exchange information via written discovery demands and depositions. At the conclusion of discovery the attorney representing the plaintiff drafts what is called a Bill of Particulars. This document provides the legal claims being made and the relief requested – typically an award of money damages. The Bill of Particulars is intended to put the defendant on notice of the specific legal claims being filed so that they is able to effectively prepare for trial. The court must examine the Bill of Particulars before it can be complied with. In general, the court will only accept a Bill of Particulars if it is not vague or overbroad. A Bill of Particulars should be limited to the specific acts of negligence asserted and should not include 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. 1994) the court granted the motion to strike all references to intentional and willful acts from a medical negligence claim. The court will not allow introduction of a new doctrine of recovery at an unreasonably late stage in the case. In order to avoid resultant prejudice, a belated amendment to the Bill of Particulars should only be permitted if supported by an affidavit stating a reasonable excuse for the lateness of the amendment. Physical Exam It is possible to ask the reason why a doctor, who doesn't know you, or your medical history, and isn't familiar with the details of your incident, would be required to conduct a medical examination. This type of exam is required under Washington law, could be beneficial to your case. Typically, IMEs are conducted by doctors medical who are hired by the insurance company of the defendant and their aim is to offer an alternative perspective to your injuries. These physicians, who are sometimes referred to as “independent” are able to have their own goals 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 are aware of what to expect from an IME and will provide an IME doctor with a copy of the relevant medical records. Your lawyer will be present during the IME to ensure that the questions asked by the doctor are consistent with your medical records. It is not advisable to downplay or exaggerate the severity of your injuries to the doctors. They are trained to detect fraudulent behavior, and can utilize this information in court.