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What is a Personal Injury Lawsuit? You could be entitled to compensation if you were injured as a result of the actions or inactions of a third party. To find out more about your legal rights get in touch with a seasoned personal injury lawyer. A personal injury lawsuit is civil litigation in which the plaintiff seeks compensation for their losses. This can include medical bills, lost wages and property damage. The process can take anywhere from several months to a few years. Damages A personal injury lawsuit is a legal proceeding that is taken to force another person or entity to pay you for damages resulting from an accident. The plaintiff is the victim and the defendants are the ones responsible. When someone dies as a result of the negligence or wrongdoing by others In wrongful deaths, the case are often included in personal injury lawsuits. Damages are usually divided into two categories: punitive and compensatory. Compensatory damages include medical bills as well as pain and loss compensation, and other out of pocket expenses. Punitive damages, which are not common, are meant to punish the wrongdoer for committing extreme crimes. The first category of damages is typically known as “economic damages.” This covers the cost of out-of-pocket expenses incurred due to the accident and injuries. This could include hospital bills medical expenses, doctor's charges and physical therapy costs. In certain cases, additional expenses like the cost of traveling to and from appointments, or changes to your home due to permanent disabilities can also be included in the claim. Non-economic damage can also be described as “pain and suffer” damages. These damages are harder to quantify, and include the emotional stress and mental stress that an accident can cause. Depending on the severity of your injuries your lawyer will assist you to estimate the value of the damages. This could be based on the ability to do things you were previously able to do or your loss of a relationship with your family. Statute of Limitations A legal principle known as the statute of limitations requires that anyone who is injured in an accident should file an action before a specific date or the claim will be dismissed. This is to prevent 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 length of time for filing a claim differs between states, however personal injury claims generally have a two- to four-year time limit. However there are exceptions that can extend the amount of time a victim has to submit their claim. www.youtube.com should seek legal advice when to determine whether or not their case falls into one of the exceptions. The statute of limitations only applies to lawsuits filed in court. Insurance claims are often used to settle injury cases and do not require formal lawsuits. It is essential to allow yourself sufficient time to start a lawsuit in the event that insurance negotiations aren't as smooth as you had hoped, or if there is a problem that cannot be resolved with insurance. Certain circumstances can stop the clock on the statute of limitations, however they are not common and have to be evaluated on a case by case basis. For example, the statute of limitations might not start running until the victim discovers or reasonably should have discovered that their injuries were caused by a negligent actions, and in some states, such as New York, the statute of limitations differs for claims against municipalities. Complaint A personal injury lawsuit is a civil case filed by an injured party against the person or entity who caused the injury. The plaintiff claims that the defendant breached their duty of care and that this breach caused harm and losses for the plaintiff. The defendant is held accountable for the losses. The complaint is the first document that you file in a personal injury lawsuit. It contains detailed allegations about the incident that led to your injuries as well as the damages you are seeking. The complaint also contains the “prayer for relief” which outlines what you would like the court to do. The complaint must be served to the defendant with a summons that is a notice that they are being sued. After the complaint is filed, the defendant must respond to the complaint within a specific time period, and they will either admit or deny the allegations in the complaint. The defendant may also file a counterclaim, or add another defendant to the case as third party defendant. A successful personal injury lawsuit is built on solid evidence, such as medical documents and witness testimony. We work closely with our clients to ensure that all relevant information is gathered and included in the case. The evidence can also help us negotiate with the defendant's attorneys or insurance agents to obtain the most favorable settlement offer. Preliminary Conference In a personal injury case your lawyer must show that negligence on the part of the defendant caused your accident. You must be able to prove that you sustained injuries from your accident, and that your injuries are a valid reason for financial compensation. It can be a lengthy process, but it's at the trial that you'll be able to determine if you get the compensation you are entitled to. In a trial before a jury, your lawyer will argue that the defendant is liable and is required to compensate you for the losses you suffered. The defendant will argue that their actions do not contribute to the accident, which will prevent them from having to compensate you for your losses. You must attend a pre-trial conference prior to proceeding with the trial. This is the first time that your case is subject to deadlines set by a judge. This is also the time when your attorney will discuss the case with the defense. Preliminary conferences are typically conducted by a judicial register or a member of the court's staff. Unless the case is handled under the New York's Differentiated Case Management Rule, or is otherwise exempt from the Rules the participants are required to attend in person. If a party cannot attend in person, they are able to participate via telephone or on the internet with the permission of the convenor. If your case is to be part of the Differentiated Case Management program, the preliminary conference will be a chance to determine whether your case falls under one of the three categories that 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 can be extended by the court). Once the Answer is filed, the case is moved to what is known as the discovery phase. During this time both sides exchange information in the form of written demand for discovery and depositions. The plaintiff's lawyer prepares the Bill of Particulars at the end of discovery. The document is a legal declaration of claims and the relief sought – typically an award of money damages. The Bill of Particulars is meant to inform the defendant of the specific legal claims being made, to help them prepare for trial. The court must examine a Bill of Particulars before it is able to be followed. In general, a court will only be able to abide by a Bill of Particulars if it isn't vague or overly broad. A Bill of Particulars should be limited to the specific negligence that is being claimed and should not add new claims. For example, in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. In 1994, the court upheld the motion to strike all any references to willful or intentional acts in a medical negligence case. The court will not permit a new theory to be introduced at any point in the case that is unreasonablely late. To avoid causing prejudice, a late amendment to a Bill of Particulars must be supported by an affidavit that gives a reasonable explanation for the delay of this amendment. Physical Examination It is possible to ask why a doctor, who isn't familiar with you or your medical history and isn't familiar with the specifics of your incident, would be required to conduct a medical examination. However, this type of examination is actually a requirement under Washington law and can be helpful in your case. Typically, IMEs are conducted by medical doctors who are employed by the defendant's insurance company and their aim is to offer 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. If you choose to undergo an IME If you decide to undergo an IME, your Orange County personal injury lawyer will ensure that you are fully informed about what to expect. They will provide copies of all relevant medical records to the doctor to review. Your lawyer will also be present at the IME and will make sure that you are being examined in a fair manner by ensuring that the questions of the doctor do not diverge from the ones you have in your medical records. It is essential to not play around with the extent of your injuries with these doctors, as they are trained to recognize fraud and could utilize this information against you in trial.