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What is a Personal Injury Lawsuit? You may be entitled to compensation if have suffered injuries due to the actions or inactions of a third party. To find out more about your rights under the law get in touch with a seasoned personal injury lawyer. A personal injury lawsuit is a civil matter in which the plaintiff seeks compensation for their losses, including medical bills, lost wages property damage, and other costs. The process can take anywhere from several months to a few years. Damages A personal injury lawsuit is an action to compel another person or entity to pay compensation for the damages resulting from an accident. The plaintiff is the injured party and the defendants are the parties responsible. If YouTube dies as a result of the inattention or negligence of others In wrongful deaths, the case are often included in personal injury lawsuits. The damages a victim suffers are usually divided into two categories: compensatory and punitive. Compensation damages are based on medical bills as well as pain and suffering compensation, and other out of pocket expenses. Punitive damages, which are not common and are designed to punish the perpetrator for committing extreme acts. The first type of damages is typically known as “economic damages.” This includes all out-of-pocket expenses associated with the accident and injuries. These could include doctor's bills as well as hospital expenses and physical therapy costs. In certain cases other expenses such as the cost of traveling to and from appointments or changes to your home due to permanent disabilities could also be included in an insurance claim. Non-economic damages can also be described as “pain and suffer” damages. These damages are difficult to quantify and include the emotional distress and mental stress caused by accidents. Depending on the severity of your injuries, your lawyer will assist you to determine the value of the damages. This could be based on the ability to participate in activities that you were previously able to enjoy or the loss of your relationship with family members. Statute of limitations Under a legal rule called the statute of limitations, any person who is injured in an accident must bring a lawsuit within a specified time 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 incident-related litigation indefinitely. The exact length of time for filing a claim differs between states, however, personal injury claims typically have a two-to four-year time limit. There are some exceptions to the time to file an injury claim. If you require assistance to determine if your claim is one of these exceptions, it is best to seek legal advice. The statute of limitations only applies to lawsuits filed in court. Insurance claims are usually used to settle injury cases and do not require formal lawsuits. It is nevertheless important to allow 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 cannot be resolved with insurance. Some circumstances can pause the clock on the statute of limitations, but they are not common and have to be evaluated on a case-by-case basis. For example, the statute of limitations may not start running until a victim has discovered or reasonably should have discovered that their injuries were caused by another person's negligent actions, and in certain states, such as New York, the statute of limitations differs for claims against municipalities. Complaint A personal injury lawsuit is a civil case brought by an injured person against the person or entity who caused the injury. It claims that the defendant violated their duty of care and this breach resulted in damage and losses for the plaintiff. The defendant is held responsible for these damages. The first document you file with a personal injury lawsuit is known as the complaint. It contains detailed allegations about the incident that caused your injuries and outlines the damages you are seeking. It also contains the “prayer for relief” which outlines 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 has to file an answer to the complaint within a certain time period, and they will either admit or deny the allegations made in the complaint. The defendant can 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, including medical documents and witness testimony. We work closely with our clients to gather all relevant information and include it in the case. The evidence will also help us negotiate with the defendant's attorneys or insurance agents to obtain the best settlement offer possible. Preliminary Conference In a personal injury case the attorney for you must prove that the negligence of the defendant caused your accident. You must be able to prove that you sustained injuries as a result of your accident, and that those injuries warrant financial compensation. It can be a lengthy procedure, but it's at the trial that you will finally know if you will be awarded the compensation you deserve. In a trial before a jury, your lawyer will argue that the defendant is accountable and has to pay for your losses. The defendant will argue that their actions are not related to the accident, which prevents them from having to reimburse you for your losses. Before proceeding to trial, you must attend a preliminary conference. This is often the first time that your case will have deadlines set by the Court itself. This is also the time when your attorney will discuss the matter with the defense. A judicial registrar, or an individual of the court's staff, typically holds preliminary conferences. Unless the case is being handled under the New York's Differentiated Case Management Rule, or is otherwise exempt from the Rules All participants are required to attend in person. If a party is unable to attend in person, the convenor is able to permit them to participate via phone or via the internet. If your case will be part of the Differentiated Case Management Program, the initial meeting provides an opportunity to determine if your case falls within one of three categories: complicated or expedited standard. Bill of Particulars After the complaint and summons have been filed, the defendants named in the lawsuit will be given twenty to thirty days (although this deadline is able to be extended by the court). Once the Answer is filed, the case moves into what is called the discovery phase. In this phase, both sides exchange information in the form of written demand for discovery and depositions. The lawyer of the plaintiff drafts a Bill of Particulars at the end of discovery. The document details legal claims 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 filed 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, a 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 negligence that is being 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 actions from a medical malpractice claim. The court will not permit a new theory to be introduced at any point in the action that is unreasonably late. In order to avoid resultant prejudice, a belated amendment to a Bill of Particulars should only be allowed if accompanied by an affidavit offering a reasonable excuse for the lateness of the amendment. Physical Exam When a defense attorney or insurance company requests that you attend an Independent Medical Examination (IME) the first reaction may be to question the reason a doctor who may not know you or your medical history and the particulars of your accident is being requested to conduct an exam. But, this type of examination is actually required under Washington law and could be beneficial in your case. IMEs are typically conducted by doctors hired 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”, 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 make sure you know what you can expect from an IME and will provide a copy to the doctor of the relevant medical records. Your lawyer will also be present at the IME and will ensure that you are being examined fairly by ensuring that the questions of the doctor do not diverge from those in your medical records. You should not downplay or exaggerate the severity of your injury to the doctors. They are trained to spot fraudulent behavior, and can utilize this information in court.