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What is a Personal Injury Lawsuit? You may be eligible for compensation if you were injured as a result of 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 civil dispute in which the plaintiff seeks compensation for their losses. This includes medical bills, lost wages and property damage. The process can last from a few months to a few years. Damages A personal injury lawsuit is a legal process that is taken to force another person or entity to pay you for the damages that result from an accident. The person who is injured is referred to as the plaintiff and the responsible parties are called defendants. Personal injury cases may include the wrongful death of a person who dies due to negligence or wrongful actions of others. Damages are typically classified into two categories: compensatory and punitive. Compensatory damages include medical bills as well as pain and loss compensation and other out-of pocket expenses. Punitive damages, which are rare and are designed to punish the perpetrator if they have committed extreme crimes. Lawrence injury attorney covers all expenses incurred as a result of the accident or injury. This could include doctor's fees as well as hospital expenses and physical therapy expenses. Certain claims could also include additional costs, like the cost of travel to and from appointments or home modifications to accommodate a permanent disability. Non-economic damage can also be referred to by the term “pain and suffer” damages. They are more difficult to quantify and include the emotional distress, mental anguish and suffering that an accident can cause. Your lawyer will assist you to determine the value of these damages based on the severity of your injury. It could be based on your ability to participate in activities that you previously enjoyed or the loss of your relationship with family members. Statute of Limitations In a legal rule known as the statute of limitations, any person who suffers an injury in an accident must file a lawsuit within a specified time or else their claim will be dismissed by the courts. This is to safeguard evidence from being lost or forgotten, and to stop people from carrying out litigation related to an incident for a long time. The exact time limit is different from one state to another, but the majority of personal injury claims have a time limit of between two and four years. There are certain exceptions to the limit for filing a claim. If you need assistance determining if your case falls within one of these exceptions, then 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 a lawsuit in court. Many cases of injury are resolved through the process of filing an insurance claim and do not require a formal lawsuit filing. It is nevertheless important to allow yourself enough time to file a lawsuit in the event that insurance negotiations aren't as smooth as you had hoped, or if a problem occurs that is not resolved by insurance. A few circumstances can pause the clock of the statute of limitations, but these instances are extremely rare and need to be analyzed on a case-by-case basis. The statute of limitations may not start until the person is aware or should have known 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 initiated by a victim against the person or entity who caused the injury. The plaintiff claims that the defendant breached their duty of care and this breach resulted in harm and losses for the plaintiff. The defendant is then held responsible for these damages. The complaint is the primary document that is filed in a personal injury lawsuit. It contains detailed allegations concerning the incident that caused your injuries and the damages you want. It also contains an “prayer for relief” that describes what you want the court to do. The complaint must be served on the defendant along with a summons that is a notice that they are being sued. After the complaint is filed, the defendant must respond to the complaint within a specified time period, and they must either accept or deny the allegations in the complaint. The defendant may also make a counterclaim against the plaintiff or bring in another defendant as a third-party defendant. A successful personal injury lawsuit relies on solid evidence such as medical records and testimony from witnesses. We collaborate closely with our clients to ensure that all relevant information is collected and included in the case. The evidence will also help us negotiate with the attorney of the defendant or insurance companies to negotiate the best settlement possible. Preliminary Conference In a personal injury lawsuit, your attorney must prove that the defendant's negligence caused your accident. You must also prove you were injured in the accident and that the injuries are worthy of the amount of financial compensation. It can be a lengthy process, but it is at the trial that you'll finally know if you will receive the damages you are entitled to. In the case of a trial before jurors your lawyer will argue for the defendant's liability and that they must be held accountable for your losses. The defendant will provide evidence to show that their actions were unrelated to the accident. This will stop them from paying you for your losses. You must attend a pre-trial conference prior to proceeding with the trial. This is often the first time that your case will be subject to deadlines established by the Court itself. This is also when your attorney will be discussing the matter with the defense. Preliminary conferences are usually conducted by a judicial registrar or someone on the court's staff. All participants must attend the preliminary conference in person unless the case has been handled under the New York's Differentiated Case Management Rule or the Rules are exempted in other ways. If a party is unable to attend in person, the convenor is able to permit them to participate via telephone or online. 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: expedited standard or complex. Bill of Particulars After a complaint and summons are filed, the defendant parties identified in the lawsuit are given either twenty or thirty days in which to file an Answer (although this deadline may be extended with the court's permission). After the Answer is filed, the matter moves into the discovery phase. In this phase both parties exchange information via written discovery demands and depositions. The lawyer for the plaintiff prepares a Bill of Particulars at the end of discovery. The document is a legal declaration of claims and the relief sought, usually the award of damages in cash. 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 review a Bill of Particulars before it can be complied with. Generally, the court will only accept a Bill of Particulars that is not vague or broad. A Bill of Particulars should be limited to the specific negligence that is being claimed and should not contain new claims. For instance in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. In 1994, the court affirmed the motion to strike all references to intentional or willful acts in a medical negligence case. In the same way, the court will not permit the introduction of a new theory of recovery at an unreasonably late point in the action. To avoid causing prejudice any late amendment to a Bill of Particulars must be supported by an affidavit, which gives a reasonable explanation of the lateness of this amendment. Physical Examination If a defense attorney, or an insurance company demands that you attend an Independent Medical Examination (IME) Your first reaction may be to question why a doctor who does not know you, your medical history, and the particulars of your accident is being asked to conduct an exam. This type of examination is required under Washington law, can 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 offer a different perspective on your injuries. Although they are sometimes described as “independent,” these physicians – just like the insurance companies – have their own agenda and financial interest in reducing the amount of compensation that may be given to a victim of injury. Your Orange County personal injury attorney will make sure you know what you can expect from an IME and will provide the doctor with a copy of all pertinent medical records. Your lawyer will be present during the IME to ensure that the questions posed by the doctor are consistent with your medical records. It is essential to not play up or down the severity of your injuries with the doctors, since they are trained to recognize the deceit and may use this information against you in trial.