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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. To learn more about your rights under the law get in touch with a seasoned personal injury lawyer. A personal injury lawsuit is a civil action where the plaintiff is seeking compensation for their losses, such as medical expenses, lost wages, property damage and other expenses. The process can run from several months to several years. Damages A personal injury lawsuit is a legal action that is used to force another individual or entity to pay you for damages resulting from an accident. The party who suffered the injury is known as the plaintiff while the parties accountable are known as defendants. When someone dies as a result of inattention or negligence of others In wrongful deaths, the case may be part of personal injury claims. Damages are usually classified into two categories: punitive and compensatory. Compensatory damages are meant to ensure that the victim is completely again, including out-of-pocket expenses like medical bills and compensation for suffering and pain. Punitive damages are uncommon and designed to punish the wrongdoer for extreme conduct. This category covers all costs caused by the injury or accident. These may include hospital expenses as well as doctor's fees and therapy costs. Some claims may also include additional costs, like the cost of travel to and from appointments or modifications to your home to accommodate a disability that is permanent. Non-economic damages are commonly described as “pain and suffering” damages. These damages are difficult to quantify, and they comprise the emotional distress and mental anguish that an accident can cause. Depending on the severity of your injuries, your lawyer can help you place a value on the damages. This could be based on the ability to carry out the activities you used to or your loss of a relationship with family. Statute of limitations In a legal rule known as the statute of limitations, any person who suffers injury as a result of an accident must file a lawsuit within a specific time period or the claim will be dismissed by the courts. This is done to prevent evidence from being lost or lost, and also to stop people from dragging incident-related litigation out for a long time. The time frame for filing a claim varies from one state to another, but most personal injury claims have a limit of between two and four years. There are certain exceptions to the period for filing claims. If you need help to determine if your claim is one of these exceptions, it is recommended that you seek legal advice. One of the main facets of the statute of limitations is that it only applies to the filing of an action in a court. Many cases of injury are resolved through the process of claiming insurance and do not require formal lawsuit filing. 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 which cannot be resolved through insurance. Certain circumstances may stop the clock on the statute of limitations, however they are rare and need to be assessed on a case by case basis. The statute of limitation may not begin until the victim realizes or should have realized that the injury resulted from someone else's negligence. In some states, such as New York, it is different for claims that are made against municipalities. Complaint A personal injury lawsuit is a civil suit brought by an injured person against the person or entity that caused the injury. It claims that the defendant violated their duty of care, and that this breach resulted in loss and harm to the plaintiff. The defendant is then held accountable for the losses. The first document filed with a personal injury lawsuit is referred to as the complaint. It contains detailed allegations about the incident that led to your injuries and outlines the damages you are seeking. The complaint also includes an “prayer of relief” which describes what you want the court to do. The complaint must be served to the defendant with a summons which is a notification that they are being sued. The defendant must respond to the complaint within certain time limits and either admit or deny all the allegations contained in the complaint. The defendant can also file a counterclaim, or add a third party defendant to the case as third party defendant. A successful personal injury lawsuit relies on solid evidence including medical records and testimony from witnesses. We work closely with our clients to gather all relevant information and then include it in the case. The evidence will also help us negotiate with the attorney of the defendant or insurance agents to obtain the most favorable settlement offer. Preliminary Conference In a personal injury case your lawyer must demonstrate that the defendant's negligence 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. This can be a long process however, the trial is where you can finally determine whether you'll get the damages you deserve. In a jury trial, your lawyer will argue that the defendant is liable and must pay you for your losses. The defendant will provide evidence that their actions are unrelated to the accident, which will keep them from having to reimburse you for your losses. Before you can proceed to trial you must attend a preliminaries conference. This is typically the first time your case will have deadlines set by the Court itself. This is also when your attorney will discuss the matter with the defense. A judicial registrar, also known as an individual of the court staff typically holds preliminary conferences. Unless the case is being handled by the New York's Differentiated Case Management Rule, or is otherwise exempt from the Rules, all parties are required to be present in person. If a party is unable to attend in person, the convenor may permit them to participate via phone or online. If your case is going to be a part of the Differentiated Case Management program, a preliminary conference will also be an opportunity to identify whether your case falls within one of the three categories – expedited, standard or complex. Bill of Particulars After the summons and complaint are filed, the defendants named in the lawsuit will have between twenty and thirty days (although this deadline is able to be extended by the court). After the Answer is filed, the case moves into what is called the discovery phase. In this stage, both parties exchange information through written discovery demands and depositions. At the conclusion of discovery the attorney representing the plaintiff drafts what is known as a Bill of Particulars. This document provides the legal claims that are being made and the relief requested – typically an award of money damages. The Bill of Particulars is meant to inform the defendant of the specific legal claims made, so that they can prepare for trial. Before Denver injury attorneys of Particulars can be accepted, it must be scrutinized by the court. Generally, the court will only comply with a Bill of Particulars that is not overbroad or vague. 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 in which the court found that the plaintiff was not negligent. In 1994, the court upheld a motion to strike the reference to willful or deliberate acts in a medical negligence case. In the same way, the court will not allow the addition of a new theory of recovery at an unreasonable late point in the action. To avoid causing prejudice, any late amendment to the Bill of Particulars must be supported by an affidavit which provides a reasonable explanation for the lateness of this amendment. Physical Exam It is possible to ask why a doctor, who doesn't know you, or your medical history, and isn't familiar with the specifics of your accident, would be required to conduct a medical examination. This type of examination is required under Washington law, could be beneficial to your case. Typically, IMEs are conducted by doctors medical who are hired by the insurance company representing the defendant and aim to offer an alternative perspective on your injuries. These doctors, who are often 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 ensure that you understand what you can expect from an IME and will provide a copy to the doctor of all relevant medical records. Your lawyer will also be present at the IME and will make sure that you are examined in a fair manner by ensuring that the doctors questions do not deviate from the ones you have in your medical records. It is important to not play with the severity of your injuries with these doctors, as they are trained to spot fraud and could utilize this information against you in trial.