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What is a Personal Injury Lawsuit? You could be entitled to compensation if have suffered injuries due to the actions or inactions of another person. To learn more about your legal rights to pursue compensation, consult a knowledgeable personal injury lawyer. A personal injury lawsuit is a civil matter where the plaintiff is seeking money to cover their losses, including medical expenses, lost wages, damages to property and other expenses. The process can last from a few months to several years. Damages A personal injury lawsuit is a legal proceeding that is used to force another individual or entity to pay you for the damages that result from an accident. The plaintiff is the one who was injured and the defendants are the ones responsible. If someone dies as the result of inattention or negligence of others In wrongful deaths, the case can be included in personal injury claims. A victim's damages are typically divided into two categories: compensatory and punitive. Compensation damages are based on 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 when they have committed a number of extreme crimes. The first type of damages is usually known as “economic damages.” This covers all out-of-pocket expenses associated with the accident or injury. These could include hospital bills as well as doctor's fees and therapy costs. In some instances, additional expenses like the cost of travelling to and from appointments or modifications made to your home due to permanent disabilities can also be included in a claim. Non-economic damages are commonly called “pain and suffering” damages. These damages are more difficult to quantify and include the emotional stress and mental anguish that accidents can cause. Your lawyer will help you determine the value of these damages based on the severity of your injury. This might be based on your capacity to enjoy activities you previously enjoyed or your loss of consortium with family members. Statute of limitations A legal principle known as the statute of limitation stipulates that anyone injured in an accident must file a lawsuit before a certain date or the claim will be dismissed. This is to stop evidence from being forgotten or lost and to stop people from dragging incident-related litigation out indefinitely. The exact time frame is different between states, however personal injury claims generally have a two-to four-year limit. There are certain exceptions to the time period for filing a claim. If you need help to determine if your claim falls under one of these exceptions, it is recommended that you seek legal advice. The statute of limitations applies only to lawsuits filed in court. Many injury cases are resolved through the process of claiming insurance and do not require formal lawsuit filing. However, it is important to leave yourself plenty of time to take legal action in the event that negotiations don't go as planned or an issue arises that cannot be easily addressed 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. For instance, the statute of limitations might not begin to run until a victim discovered 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 differs for claims against municipalities. Complaint A personal injury lawsuit is a civil action brought by an injured person against the person or entity who caused the injury. The plaintiff claims that the defendant breached a duty of care, that the breach caused harm and losses to the plaintiff, and that the defendant should be held liable for those damages. The complaint is the initial document that you file in a personal injury case. It provides detailed details about the incident that caused your injuries, and the damages you are seeking. The complaint also contains the “prayer of relief” that outlines what you would like the court to do. The complaint must be served to the defendant with a summons that is a notice that they are being sued. After the complaint is filed, the defendant has to submit an answer to the complaint within a certain time period, and they must either accept or deny the allegations in the complaint. The defendant can also bring a counterclaim against plaintiff or bring in another defendant as a third-party defendant. A successful personal injury lawsuit is built on solid evidence, including medical records 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 gather will also assist us in negotiate with the defense lawyers or insurance agents to get the best possible 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 your accident and that the injuries are worthy of the amount of financial compensation. It can be a lengthy procedure, but it's at the trial that you'll find out if you get the compensation you deserve. In a trial before a jury, your lawyer will argue that the defendant is responsible and must pay you for your losses. The defendant will present evidence to show that their actions are not connected to the accident. This will stop the defendant from paying for your losses. Before proceeding to trial you must attend a preliminary conference. This is the first time your case is subject to deadlines set by a court. It is also the time that your lawyer will discuss the case with the defense. Preliminary conferences are usually conducted by a judicial registrar or an individual from the court's staff. If the case is handled by New York's Differentiated Case Management Rule, or otherwise exempted from the Rules the parties are required to be present in person. If a party is not able to attend in person, the convenor may allow them to participate by phone or online. If your case is scheduled to be a part of the Differentiated Case Management program, the preliminary conference will provide an opportunity to determine whether your case falls under one of the three categories that are expedited, standard, or complex. Bill of Particulars After a complaint and summons are filed, the defendant parties named in the lawsuit have twenty or thirty days to submit an Answer (although this time frame can be extended if the court gives approval). Once the Answer is filed, the case moves into what is known as the discovery phase. In this phase both parties exchange information via written discovery demands and depositions. Following the conclusion of discovery The attorney for the plaintiff prepares what is called a Bill of Particulars. The document is a legal declaration of claims and the relief sought – usually an award of money damages. The Bill of Particulars is intended to inform the defendant notice of the specific legal claims being made, so that he or she can effectively prepare for trial. The court must review the Bill of Particulars before it is able to be followed. Generally speaking, the court will only accept a Bill of Particulars that is not vague or overly broad. A Bill of Particulars should be limited to the specific negligence that is being claimed and should not add new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ), for example was a case in which the court concluded that the plaintiff had not been negligent. 1994), the court sustained the motion to strike references to intentional and willful actions from a medical malpractice claim. The court will also not allow a new theory to be added at a stage in the litigation that is unreasonable late. In order to avoid resultant prejudice, a belated amendment to the Bill of Particulars should only be allowed if accompanied by an affidavit stating an acceptable explanation for the delay in the amendment. Physical Exam You may question why a doctor, who doesn't know you, or your medical history, and isn't familiar with the specifics of your incident, would be required to conduct a medical examination. However, this type of exam is actually a requirement under Washington law and can be helpful in your case. IMEs are usually performed by doctors who are employed by the defendant’s insurance company. They are there to provide an alternative view of your injuries. These doctors, sometimes referred to as “independent” and have their own goals and financial interests in reducing the compensation that can be paid to victims. If Brockton injury lawyer decide to undergo an IME, your Orange County personal injury lawyer will make sure that you are fully informed about what to expect and provide copies of all relevant medical records for the doctor to examine. Your lawyer will also be present at the IME and will ensure 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. You should not downplay or exaggerate the severity of your injury to these doctors. They are trained to detect dishonesty, and could utilize this information in court.