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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 a third party. Contact an experienced personal injury lawyer to learn more about your rights. A personal injury lawsuit is civil litigant in which the plaintiff seeks compensation for their loss. This includes medical bills as well as lost wages and property damage. The process can last from a few months to several years. Damages A personal injury lawsuit is a legal process which is filed to compel another person, or entity, to pay you for the damages that result from an accident. The injured party is known as the plaintiff and the responsible parties are called defendants. If someone dies as the result of the carelessness or infractions committed by others the wrongful death case may be part of personal injury lawsuits. Damages are typically classified into two categories: compensatory and punitive. Compensatory damages include medical bills, pain and suffering compensation and other out-of pocket expenses. Punitive damages, which are rare and are intended to punish the perpetrator for committing extreme crimes. This category includes all expenses that result from the injury or accident. This could include doctor's fees or hospital costs, as well as physical therapy costs. In certain cases other expenses such as the cost of traveling to and from appointments, or modifications made to your home to accommodate permanent disabilities could be included in an insurance claim. Non-economic damages are commonly called “pain and suffering” damages. These damages are more difficult to quantify, and they include the emotional stress and mental stress that accidents can cause. Based on the extent of your injuries, your lawyer will assist you to place a value on the damages. It could be based on your capacity to enjoy activities you previously enjoyed or your loss of consortium with family members. Statute of Limitations A legal requirement, known as the statute of limitations, anyone who suffers injury as a result of an accident must bring a lawsuit within a specified time or their claim will be rejected by the courts. This is done to prevent evidence from being forgotten or lost, and also to stop those who delay bringing litigation related to an incident out for an indefinite period. The exact time limit is different from one state to another, but most personal injury claims have a time frame of between two and four years. There are certain exceptions to the limit for filing a claim. If you need help to determine if your claim is one of these exceptions, then it is best to seek legal advice. One of the most important aspects of the statute of limitations is that it is only applicable to the filing of an action in court. Many injury cases are resolved through the insurance claim process and do not require formal lawsuit filing. It is nevertheless important to give yourself enough time to bring a lawsuit in the event that insurance negotiations do not go as planned or if a problem occurs that is not resolved by insurance. Certain circumstances may stop the statute of limitations clock, but these instances are rare and generally need to be considered on an individual case-by-case basis. The statute of limitations might not be established until the victim discovers or should have known that the injury resulted from someone else's negligence. In certain states, such as New York, it is different for claims against municipalities. Complaint A personal injury lawsuit is brought by the victim against the party who caused the injury. It claims that the defendant breached their duty of care and this breach resulted in loss and harm to the plaintiff. The defendant is then held responsible for these damages. The first document filed with a personal injury lawsuit is called the complaint. It includes specific allegations regarding the incident that caused your injuries and outlines the damages you're seeking. It also includes a “prayer for relief” that describes what you would like the court to do. The complaint must be served to the defendant with a summons which is a notification that they are being sued. After the complaint is filed, the defendant has to respond to the complaint within a specified time period, and they may either deny or admit the allegations in the complaint. The defendant can also bring a counterclaim against plaintiff or introduce another 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 together with our clients to collect all relevant information and then include it in the case. The evidence we gather will also assist us in negotiate with defense attorneys or insurance agents to get the best possible settlement offer. Preliminary Conference In a personal injury case, your attorney must prove that the defendant's negligence caused your accident. You must also prove that you suffered injuries from your accident, and that those injuries warrant financial compensation. This could be a long process however, the trial is where you'll be able to decide if you'll get the damages you deserve. In Brockton injury lawsuits youtube.com before a jury, your lawyer will argue that the defendant is responsible and has to pay 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 paying 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 that are set by the Court itself. This is also the time that your attorney will discuss the case with the defense. A judicial registrar, or an official of the court staff usually conducts preliminary conferences. All participants must attend the preliminary conference in person unless the case has been handled in accordance with the New York's Differentiated Case Management Rule or the Rules are otherwise exempted. If a party is not able to attend in person, the convenor can permit them to participate via telephone or online. If your case is to be part of the Differentiated Case Management program, a preliminary conference will also be a chance to determine whether your case falls within one of the three categories – expedited, standard or complex. Bill of Particulars After the complaint and summons have been filed, defendants named in the lawsuit will be given between twenty and thirty days (although this deadline may be extended by the court). Once the Answer has been filed, the case moves into what is called the discovery phase. In this period the parties exchange information in the form of written demand for discovery and depositions. Following the conclusion of discovery the attorney representing the plaintiff drafts what is called a Bill of Particulars. This document outlines 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 followed, it must be examined by the court. In general, the court will only accept a Bill of Particulars if it is not vague or overbroad. A Bill of Particulars must only include the specific acts of neglect that are being alleged, and not add any new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ) for instance, was a case where the court concluded that the plaintiff had not been negligent. In 1994, the court upheld a motion to strike any references to willful or intentional acts in a medical malpractice case. The court will not allow a new doctrine to be introduced at an point in the action that is unreasonably late. In order to avoid resultant prejudice, a belated amendment to the Bill of Particulars should only be allowed when supported by an affidavit that provides an adequate explanation for the delay in the amendment. Physical Examination When a defense attorney or insurance company requests that you attend an Independent Medical Examination (IME), your natural first instinct could be to wonder the reason why a doctor who does not know you, your medical history, and the particulars of your accident is being requested to conduct an exam. But, this type of exam is actually a requirement under Washington law, and could be beneficial to your case. IMEs are typically performed by doctors who are employed by the defendant’s insurance company. Their aim is to provide an alternative perspective on your injuries. Although they are sometimes described as “independent,” these physicians as well as insurance companies have their own agendas and financial interest in cutting down on the amount of compensation that can be granted to a victim who has been injured. If you decide to undergo an IME the Orange County personal injury lawyer will ensure that you are well-informed about what to expect and provide copies of all relevant medical records for the doctor to review. Your lawyer will also be present at the IME and will make sure that you are being examined fairly by ensuring that the doctors questions do not deviate from the ones in your medical records. It is not advisable to downplay or exaggerate the severity of your injury to these doctors. They are trained to spot fraud, and may make use of this information in a trial.