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What is a Personal Injury Lawsuit? If you have been injured through the actions or inactions, you may be eligible for compensation. Contact an experienced personal injury attorney to learn more about your rights. A personal injury lawsuit is a civil litigation where the plaintiff seeks compensation for their loss. This can include medical bills, lost wages and property damage. The process can last from several months to several years. Damages A personal injury lawsuit is an action to compel a person or entity to pay you compensation for the damage caused by an accident. The plaintiff is the injured party and the defendants are the ones responsible. Personal injury cases can include the wrongful death of a person who dies due to inattention or negligence of others. Damages are usually divided into two categories: punitive and compensatory. Compensatory damages are intended to ensure that the victim is completely again, including out-of-pocket expenses such as medical expenses and compensation for suffering and pain. Punitive damages, which are very rare and are designed to punish the offender when they have committed a number of extreme actions. 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. In certain cases, additional expenses like the cost of travel to and from appointments or changes to your home to accommodate permanent disabilities could be included in a claim. Non-economic damages are often called “pain and suffering” damages. These damages are more difficult to quantify, and they include the emotional distress and mental stress that an accident can cause. Based on the severity of your injuries, your lawyer can help you determine the value of the damages. This may be based on your ability to do things you were previously able to do or your loss of consortium with family. Statute of Limitations Under a legal rule called the statute of limitations, any person who suffers injury as a result of an accident must bring a lawsuit within a specified time or else their claim will be dismissed by the courts. This is to stop 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 is different from one state to another, but the majority of personal injury lawsuits have a time frame of between two and four years. There are certain exceptions to the time period for filing a claim. If you need help determining if your case falls within one of these exceptions, it is recommended that you seek legal advice. The statute of limitations applies only to lawsuits that are filed in the court. Insurance claims are usually used to resolve injury cases and do not require formal lawsuits. Even so, it is important to allow yourself plenty of time to take legal action in the event that negotiations do not take place as planned or if an issue arises that can't be resolved through the insurance system. Certain circumstances can stop the clock on the statute of limitations, however they are not common and have to be evaluated on a case-by case basis. The statute of limitation may not begin until the victim is aware or should have known that the injury resulted from someone else's negligence. In some states, like New York, it is different for claims 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. It claims that the defendant breached their duty of care, and that this breach caused loss and harm to the plaintiff. The defendant is accountable for the damages. The first document you file with a personal injury lawsuit is called the complaint, and it includes specific allegations regarding 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 and summons must be delivered 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 may either deny or admit the allegations in the complaint. The defendant can also make a counterclaim against the plaintiff or bring in a different defendant as a third-party defendant. A successful personal injury lawsuit depends on solid evidence, including medical documents and testimony from witnesses. We work closely with our clients to collect all relevant information and include it in the case. The evidence we collect can also assist us to negotiate with defense attorneys or insurance companies to obtain the best settlement offer. Preliminary Conference In a personal injury lawsuit your lawyer must demonstrate that the defendant's negligence caused your accident. You must also prove that you were injured in the accident and that your injuries are worth an amount of money. It can be a lengthy process however, the trial is where you will be able to determine if you'll receive the compensation you deserve. In a trial before a jury the lawyer will argue for the defendant's liability and that they must compensate you for your losses. The defendant will present evidence that their actions are unrelated to the accident, which prevents them from having to compensate you for your losses. You must attend a pre-trial meeting before proceeding with the trial. This is often the first time that your case will have deadlines set by the Court itself. This is also the time when your lawyer will discuss the matter with the defense. Preliminary conferences are typically conducted by a judicial registrar or someone on the court's staff. All parties must attend the initial conference in person unless the case is handled under the New York's Differentiated Case Management Rule or the Rules are otherwise exempted. If, however, a person cannot attend in person, they can participate via telephone or on the internet with the permission of the convenor. If your case is going to be a part of the Differentiated Case Management program, an initial conference can be an opportunity to identify whether your case falls into one of the three categories – expedited, standard or complex. Bill of Particulars After the summons and complaint have been filed, defendants named in the lawsuit will have between twenty and thirty days (although this time frame may be extended by the court). Once the Answer is filed, the case is moved into the discovery phase. In this phase both sides exchange information in the form of written demands for discovery and depositions. After the discovery process is concluded, the plaintiff's attorney prepares what is called a Bill of Particulars. Overland Park injury lawyer provides the legal claims that are being made and the relief requested – typically the award of damages in cash. The Bill of Particulars is meant to inform the defendant of the specific legal claims made, so that they can prepare for trial. The court must look over a Bill of Particulars before it can be complied with. In general, a court will only accept the 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 was not negligent. 1994) the court granted a motion to strike all references to intentional and willful acts from a medical negligence claim. In the same way, the court will not permit the introduction of a new doctrine of recovery at a disproportionately late point in the action. To avoid negative consequences, an amendment made late to a Bill of Particulars should only be permitted if supported by an affidavit offering a reasonable excuse for the delay in the amendment. Physical Exam When a defense attorney or insurance company asks you to take part in an Independent Medical Examination (IME), your natural first instinct might be to ask the reason a doctor who may not know you, your medical history, and the specifics of your injury is requested to conduct an exam. This type of exam, which is required by Washington law, could be beneficial to your case. IMEs are usually conducted by doctors employed by the defendant’s insurance company. They are there to offer a different view of your injuries. While they are sometimes referred to as “independent,” these physicians – just like the insurance companies – have their own agenda and financial motives in cutting down on the amount of compensation that can be awarded to an injured victim. If you choose to undergo an IME If you decide to undergo an IME, your 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 to the doctor to examine. Your lawyer will be present during the IME to ensure that the questions posed by the doctor are in accordance with your medical records. Do not underplay or exaggerate the severity of your injuries to these doctors. They are trained to spot fraud, and may use this information at trial.