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What is a Personal Injury Lawsuit? You may be eligible for compensation if you have suffered injuries due to the actions or inactions of a third party. Contact a knowledgeable personal injury lawyer to find out more about your rights. A personal injury lawsuit is a civil action in which the plaintiff seeks compensation for their losses, which include medical expenses, lost wages, damages to property and other expenses. The process can run between a few months and several years. Damages A personal injury lawsuit is a legal proceeding to force another person or entity to pay compensation for the damages resulting from an accident. The person who is injured is referred to as the plaintiff, while the parties accountable are known as defendants. Personal injury cases can also include wrongful death claims when someone dies due to the inattention or negligence of others. The damages of a victim are typically broken down into two groups that are punitive and compensatory. Compensatory damages are meant to help the victim get back on track again, including out-of-pocket expenses such as medical bills as well as compensation for pain and suffering. Punitive damages are not common and are intended to penalize the wrongdoer for extreme conduct. This category covers all costs caused by the accident or injury. This could include doctor's fees or hospital costs, as well as physical therapy costs. Some claims could also cover additional expenses, such as travel costs to and from appointments or modifications to your home to accommodate a permanent disability. Non-economic damages can also be called “pain and suffer” damages. These damages are difficult to quantify, and include the emotional distress and mental stress caused by accidents. Your lawyer will assist you to value these damages based on the severity of your injury. It could be based on your ability to continue enjoying the activities you previously enjoyed or the loss of your relationship with family members. Statute of limitations A legal requirement known as the statute of limitation obliges anyone injured in an accident should file an action before a specific date or the claim will be dismissed. This is to prevent evidence from being lost or lost in the shuffle and to stop people from drag out litigation related to an incident for a long time. The exact time frame is different from state to state, however personal injury claims generally have a two- to four-year limit. However there are exceptions that can extend the amount of time a victim has to submit their claim. They should seek legal advice for help determining whether or not their case falls into one of these exceptions. The statute of limitations applies only to lawsuits that are filed in court. Insurance claims are typically used to settle injury cases and do not require formal lawsuits. But, it's crucial to give yourself plenty of time to take legal action in the event that negotiations do not take place as planned or if there is a problem that cannot be easily addressed through the insurance system. Certain circumstances can stop the clock on the statute of limitations, however they are rare and need to be evaluated on a case-by-case basis. For instance the statute of limitations may not start to run until the victim discovers or ought to have realized that their injury was caused by another person's negligent actions. 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 suit brought by an injured person against the person or entity that caused the injury. Durham injury lawyers claims that the defendant breached a duty of care, that this breach caused harm and loss to the plaintiff, and that the defendant should be held accountable for the losses. The first document filed with a personal injury lawsuit is referred to as the complaint. It includes specific allegations regarding the incident that led to your injuries. It also lists the damages you are seeking. The complaint also includes the “prayer of relief” which describes what you would like the court to do. The summons and complaint must be delivered to the defendant. The defendant must respond to the complaint within specific time frames and either accept or deny all the allegations in the complaint. The defendant can also file a counterclaim against the plaintiff or bring in another defendant as a 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 ensure that all relevant information is gathered and included in the case. The evidence we collect will also assist us in negotiate with the defendants' attorneys or insurance companies to get the best possible settlement offer. Preliminary Conference In a personal injury lawsuit your lawyer must demonstrate that the negligence of the defendant led to your accident. You must also prove that you suffered injuries in your accident and that these injuries are worthy of the amount of financial compensation. It's not an easy procedure, but it's at the trial that you'll finally know if you will be awarded the compensation you are entitled to. In a trial before a jury, your lawyer will argue that the defendant is responsible and is required to compensate you for the losses you suffered. The defendant will present evidence to prove that their actions were not related to the accident. This will stop them from paying you for your losses. You must attend a pre-trial conference before proceeding with the trial. This is usually the first time that your case will have deadlines established by the Court itself. This is also when your lawyer will discuss the case with the defense. A judicial registrar, also known as a member of the court's staff, typically conducts preliminary conferences. If the case is handled by the New York's Differentiated Case Management Rule, or if it is exempted from the Rules, all parties are required to attend in person. If, however, a person is unable to attend in person they may take part via phone or online with the approval of the convenor. If your case will be part of the Differentiated Case Management Program, a preliminary meeting is also an opportunity to determine if your case falls within one of three categories namely expedited standard or complex. Bill of Particulars After a complaint and summons are filed, the defendant parties identified in the lawsuit are given the option of having twenty or thirty days to submit an Answer (although this deadline can be extended if the court gives approval). When the Answer is filed, the case is moved to what is called the discovery phase. In this phase the parties exchange information through written demands for discovery and depositions. At the conclusion of discovery, the plaintiff's attorney prepares what is known as a Bill of Particulars. The document details legal 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 made, so that they can prepare for trial. Before a Bill of Particulars can be accepted, 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 negligence that are being claimed and not include any new claims. For instance, in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. 1994) the court granted a motion to strike all references to intentional and willful acts from a medical negligence claim. The court will not permit the addition of a new theory of recovery at an unreasonable late stage in the case. To avoid causing prejudice, an amendment made late to the Bill of Particulars must be supported by an affidavit which gives a reasonable explanation for the delay of this amendment. Physical Examination It is possible to ask why a doctor who doesn't know you, or your medical history and is unfamiliar with the specifics of your incident, would be required to conduct a medical exam. This type of examination, which is required by Washington law, can be beneficial to your case. Typically, IMEs are conducted by medical doctors who are employed by the defendant's insurance company and their goal is to offer an alternative perspective to your injuries. While they are sometimes referred to as “independent,” these physicians, just like insurance companies have their own agendas and financial interest in cutting down on the amount of compensation that could be awarded to an injured victim. If you decide to undergo an IME the Orange County personal injury lawyer will ensure that you are fully informed about what to expect and will provide copies of all relevant medical records for the doctor to look over. Your lawyer will be present during the IME to make sure that the questions asked by the doctor are consistent with your medical records. It is crucial to not play up or down the severity of your injuries to the doctors, since they are trained to spot fraud and could make use of this information against you in trial.