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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. To learn more about your legal rights get in touch with a seasoned personal injury lawyer. A personal injury lawsuit is a civil matter where the plaintiff is seeking money to cover their losses, including medical bills, lost wages property damage and other expenses. The process can last between a few months and several years. Damages A personal injury lawsuit is a process to compel another person or entity to pay money for damages related to an accident. The plaintiff is the injured party and the defendants are the parties accountable. Personal injury cases can also include wrongful death claims when someone dies due to negligence or wrongful actions of others. Damages are usually classified into two categories: punitive and compensatory. Compensatory damages are intended to ensure that the victim is completely for good, including out-of-pocket costs like medical bills and compensation for suffering and pain. Punitive damages, which are rare and are designed to punish the wrongdoer for committing extreme crimes. This category includes all expenses incurred as a result of the accident or injury. These might include doctor's bills, hospital costs and physical therapy expenses. Some claims may also include additional expenses, such as the cost of travel to and from appointments or home modifications to accommodate a permanent disability. Non-economic damage can also be described as “pain and suffer” damages. These are more difficult to quantify and include the emotional distress, mental anxiety and suffering that an accident can cause. Depending on the severity of your injuries, your lawyer can help you determine the value of the damages. This could be based on the ability to continue enjoying the activities you previously enjoyed or your loss of connection with family members. Statute of limitations In a legal rule known as the statute of limitations, anyone who suffers an injury in an accident must bring a lawsuit within a specific time period or else their claim will be dismissed by the courts. This is to protect evidence from being lost or forgotten and to stop people from carrying out litigation relating to incidents for an indefinite period. The exact time limit varies from one state to another, but the majority of personal injury claims have a limit of two to four years. However, there are exceptions that may extend the time a victim has to file their claim and they should seek legal advice for help to determine if your case falls under one of the exceptions. One of the most important aspects of the statute of limitations is that it applies only to the filing of an action in a court. Insurance claims are often used to resolve injury cases and do not require formal lawsuits. It is nevertheless important to give yourself enough time to bring a lawsuit in the event that negotiations with insurance don't go as planned, or if a problem arises that is not resolved by insurance. Certain circumstances may stop the clock on the statute of limitations, however they are extremely rare and have to be evaluated on a case by case basis. The statute of limitations might not start until the person realizes or should have realized that the injury was caused by another's negligence. In some states, like New York, it is different for claims that are made against municipalities. Complaint A personal injury lawsuit is a civil action filed by an injured party against the person or entity who caused the injury. It claims that the defendant breached their duty of care and that this breach caused loss and harm to the plaintiff. The defendant is then held responsible for these damages. The complaint is the initial document that is filed in a personal injury lawsuit. It includes specific allegations concerning the incident that caused your injuries, and the damages you seek. It also contains a “prayer for relief” which outlines what you want the court to do. The summons and complaint must be given to the defendant. After the complaint is filed, the defendant is required to respond to the complaint within a specific timeframe, and may either deny or admit the allegations in the complaint. The defendant can also file a counterclaim, or add a third party defendant to the case by naming 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 help us to negotiate with defendants' attorneys or insurance companies to obtain the best settlement offer. Preliminary Conference In a personal injury lawsuit the attorney for you must prove that the negligence of the defendant caused your accident. You must also prove that you suffered injuries from your accident, and that the injuries you sustained are worthy of financial compensation. This can be a long process, but the trial is where you can finally determine whether you'll be awarded the damages you deserve. In the trial before jurors, your lawyer will argue that the defendant is at liability and that they must be held accountable for your losses. The defendant will present evidence that their actions are not related to the accident, which will keep them from having to pay you for your losses. You must attend a pre-trial meeting before proceeding with the trial. This is usually the first time that your case will be subject to deadlines that are set by the Court itself. Detroit injury lawsuit is also when your attorney will discuss the case with the defense. Preliminary conferences are usually conducted by a judicial register or someone on the court's staff. All parties must attend the initial conference in person unless the case is handled by the New York's Differentiated Case Management Rule or the Rules are exempted in other ways. If a person is unable to attend in person, the convenor can allow them to participate by phone or via the internet. If your case is part of the Differentiated Case Management Program, the initial meeting provides an opportunity to determine whether your case falls into one of three categories – complicated or expedited standard. Bill of Particulars After a complaint and summons are filed, the defendant parties who are named in the lawsuit have the option of having twenty or thirty days to submit an Answer (although this deadline may be extended with the court's permission). Once the Answer has been filed, the case is moved into what is called the discovery phase. During this stage the parties exchange information through written discovery demands and depositions. The lawyer of the plaintiff drafts a Bill of Particulars at the end of the discovery. This document provides the legal claims that are being made and the relief sought – usually an award of money damages. The Bill of Particulars is intended to put the defendant on 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 accepted, it must be examined by the court. In general, a court will only be able to abide by the Bill of Particulars if it isn't vague or overly broad. A Bill of Particulars must only include the specific acts of neglect that are being asserted, and not add any new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ) for instance was a case in which the court found that the plaintiff had not been negligent. 1994) The court ruled in favor of a motion to strike all references to intentional and willful acts from a medical malpractice claim. In the same way, the court will not allow addition of a new theory of recovery at a disproportionately late point in the action. In order to avoid resultant negative consequences, an amendment made late to a Bill of Particulars should only be permitted if supported by an affidavit that provides an adequate explanation for the delay in the amendment. Physical Examination You may question why a doctor who doesn't know you, or your medical history and isn't familiar with the details of your accident, would be required to conduct a medical exam. But, this type of exam is actually required under Washington law, and could be beneficial to your case. IMEs are usually conducted by doctors hired by the insurance company of the defendant. Their goal is to offer a different view of your injuries. Although they are sometimes described as “independent,” these physicians as well as insurance companies – have their own agenda and financial motives in decreasing the amount of compensation that could be given to a victim of injury. If you decide to undergo an IME the Orange County personal injury lawyer will make sure that you are aware of what to expect and will provide the complete set of medical records to the doctor to examine. Your lawyer will also be present at the IME and will ensure that you are being examined in a fair manner by ensuring that the doctors ' questions aren't divergent from the ones you have in your medical records. Do not underplay or exaggerate the severity of your injuries to the doctors. They are trained to detect fraudulent behavior, and can use this information at trial.