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What is a Personal Injury Lawsuit? You could be entitled to compensation if you have suffered injuries due to the actions or inactions of someone else. To learn more about your legal rights get in touch with a seasoned personal injury lawyer. A personal injury lawsuit is civil litigation where the plaintiff seeks compensation for their losses. This includes medical expenses or lost wages, as well as property damage. The process can take anywhere from several months to several years. Damages A personal injury lawsuit is a legal proceeding to compel a person or entity to pay money for damages related to an accident. The party who suffered the injury is known as the plaintiff while the parties responsible are referred to as defendants. Personal injury cases may include cases of wrongful death when someone dies due to the negligence or wrongful actions of others. The damages a victim suffers are usually broken down into two groups that are punitive and compensatory. Compensation damages are based on medical bills as well as pain and suffering compensation and other out-of pocket expenses. Punitive damages, which are rare and are intended to punish the offender if they have committed extreme crimes. This category includes all expenses caused by the injury or accident. These might include doctor's bills, hospital costs and physical therapy costs. In some cases additional expenses, such as the cost of travelling to and from appointments, or modifications made to your home due to permanent disabilities could also be included in a claim. Non-economic damage can also be described as “pain and suffer” damages. These damages are difficult to quantify, and include the emotional stress and mental stress that accidents can cause. Depending on the severity of your injuries your lawyer can help you determine the value of these damages. This could be based on your ability to continue enjoying the activities you previously enjoyed or your loss of connection with family members. Statute of Limitations A legal requirement, known as the statute of limitations, anyone who is injured in an accident must bring a lawsuit within a specific time period or else their claim will be rejected by the courts. This is to prevent evidence from being lost or lost in the shuffle and to stop people from drag out litigation relating to incidents for an indefinite period. The exact time limit differs from one state another, but the majority of personal injury lawsuits have a time limit of between two and four years. However, there are exceptions that can prolong the time required for a victim to file their claim and they should seek legal advice for assistance in to determine if their case falls within one of the exceptions. The statute of limitations is only applicable to lawsuits filed in the court. Insurance claims are often used to resolve injury cases and do not require formal lawsuits. But, it's crucial to give yourself plenty of time to take legal action just in case insurance negotiations don't follow the plan or an issue arises that cannot be easily addressed through the insurance system. A few circumstances can pause the statute of limitations clock, but these instances are very rare and have to be evaluated on an individual basis. For example, the statute of limitations may not start running until a victim discovered or reasonably should have discovered that their injuries were caused by another person's negligence, and in some states, such as New York, the statute of limitations is different for claims against municipalities. Complaint A personal injury lawsuit is a civil action filed by an injured party against the person or entity that caused the injury. It alleges that the defendant breached the duty of care, and that this breach caused harm and loss to the plaintiff and that the defendant should be held liable for those damages. The complaint is the primary document filed in a personal injury lawsuit. It provides detailed details regarding the incident that led to your injuries as well as the damages you want. The complaint also contains a “prayer for relief” that describes what you want 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 is required to respond to the complaint within a certain timeframe, and must either accept or deny the allegations made in the complaint. The defendant can also file a counterclaim against the plaintiff or bring in a different defendant as third-party defendant. A successful personal injury lawsuit is built on solid evidence, which includes medical documents and witness testimony. We work closely with our clients to collect all relevant information and then include it in the case. The evidence we collect will also assist us in negotiate with the defendants' lawyers or insurance agents to get the best possible settlement offer. Preliminary Conference In a personal-injury lawsuit, your lawyer must prove that negligence on the part of the defendant caused your accident. You must be able to prove that you sustained injuries as a result of your accident, and that the injuries you sustained are worthy of financial compensation. It's a long process, but it is at the trial that you'll finally know if you will be awarded the compensation you deserve. In a jury trial, your lawyer will argue that the defendant is responsible and is required to compensate you for the losses you suffered. The defendant will provide evidence to show that their actions were not related to the accident. This will stop them from settling your losses. Before you can proceed to trial, you must attend a preliminaries conference. This is the first time that your case is subject to deadlines set by a judge. It is also the time when your attorney will discuss the case with the defense. Preliminary conferences are usually conducted by a judicial registrar or someone on the court's staff. If the case is handled in accordance with the New York's Differentiated Case Management Rule, or otherwise exempted from the Rules the participants are required to attend in person. If a party is unable to attend in person they can take part via phone or online with the approval of the convenor. If your case is scheduled to be a part of the Differentiated Case Management program, a preliminary conference will also be an opportunity to identify whether your case falls into one of the three categories – expedited, standard or complex. Bill of Particulars After the complaint and summons are filed, the defendants named in the lawsuit will be given between twenty and thirty days (although this time frame can be extended by the court). Once the Answer is filed, the case moves into what is known as the discovery phase. During this phase the parties exchange information via written discovery demands and depositions. The plaintiff's lawyer prepares the Bill of Particulars at the conclusion of the 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, so that they can prepare for trial. The court must examine a Bill of Particulars before it is able to be followed. Generally, the court will only abide by a Bill of Particulars that is not vague or broad. Erie injury lawyers YouTube of Particulars should be limited to the specific acts of negligence being claimed and should not add new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ), for example was a case where the court concluded that the plaintiff was not negligent. In 1994, the court affirmed a motion to strike the reference to willful or deliberate acts in a medical malpractice case. The court will not allow the introduction of a new doctrine of recovery at an unreasonably late point in the action. To avoid prejudice, any late amendment to the Bill of Particulars must be supported by an affidavit, which gives a reasonable explanation of the lateness of this amendment. Physical Examination It is possible to ask why a doctor, who isn't familiar with you or your medical history and is unfamiliar with the specifics of your incident, would be required to conduct a medical exam. However, this kind of examination is actually required under Washington law and 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 provide a different view of your injuries. These doctors, who are sometimes referred to as “independent” are able to have their own agendas and financial stakes in reducing the compensation that is awarded to injured victims. Your Orange County personal injury attorney will make sure you know 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 posed by the doctor are in accordance with your medical records. It is important to not play around with the severity of your injuries with these doctors, as they are trained to recognize dishonesty and may make use of this information against you in trial.