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What is a Personal Injury Lawsuit? If you've been hurt due to another's actions or inactions, you could be able to recover compensation. Contact a knowledgeable personal injury lawyer to learn more about your rights. A personal injury lawsuit is a civil litigation in which the plaintiff seeks compensation for their loss. This includes medical expenses or lost wages, as well as property damage. The process can take anywhere from several months to a few years. Damages A personal injury lawsuit is a process to compel another person or entity to pay you compensation for the damages resulting from an accident. The person who is injured is referred to as the plaintiff, while the parties responsible are referred to as defendants. Personal injury cases can include cases of wrongful death when someone dies due to negligence or wrongdoing of others. Damages are typically classified into two categories: compensatory and punitive. Compensatory damages include medical bills as well as pain and suffering compensation, and other out of pocket expenses. Punitive damages are rare and designed to punish the offender for extreme behavior. This category covers all expenses caused by the accident or injury. These may include hospital expenses as well as doctor's fees and therapy costs. In some cases, additional expenses like the cost of travel to and from appointments or changes to your home for permanent disabilities may be included in a claim. Non-economic damages are often called “pain and suffering” damages. These damages are more difficult to quantify and comprise the emotional distress and mental anguish that an accident can cause. Depending on the severity of your injuries, your lawyer will assist you to determine the value of the damages. This could be based on the ability to carry out the things you were previously able to do or your loss of a relationship with family. 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 prevent evidence from being lost or lost in the shuffle and to stop people from carrying out litigation relating to incidents for an indefinite period. The time frame for filing a claim differs from one state another, but most personal injury lawsuits have a limit of two to four years. However there are exceptions that may extend the amount of time a victim has to submit their claim. They should seek legal advice when determining whether or not their case falls into one of the exceptions. The statute of limitations only applies to lawsuits filed in court. Insurance claims are typically used to settle injury cases and do not require formal lawsuits. It is important to give yourself enough time to file a lawsuit in the event that negotiations with insurance do not go as planned or if a problem arises that cannot be resolved with insurance. Some circumstances can pause the clock on the statute of limitations, however they are rare and need to be considered on a case-by case basis. The statute of limitations might not be established until the victim realizes or should have realized that the injury was caused by another's negligence. In certain states, like New York, it is different for claims made against municipalities. Complaint A personal injury lawsuit is filed by a victim against the person who caused the injury. The plaintiff claims that the defendant breached their duty of care and the breach caused harm and losses for the plaintiff. The defendant is held responsible for these damages. The first document you file with a personal injury lawsuit is called the complaint, and it contains specific details about the incident that led to your injuries. It also outlines the damages you're seeking. The complaint also includes the “prayer of relief” which outlines what you would like 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 specific deadlines and either admit or deny all the allegations in the complaint. The defendant can also file a counterclaim or add another defendant to the case as a third party defendant. A successful personal injury lawsuit is built on solid evidence, including medical records and witness testimony. We collaborate closely with our clients to ensure that all relevant information is gathered and included in the case. The evidence will also help us negotiate with the defendant's attorneys or insurance representatives to get the best settlement offer possible. Preliminary Conference In a personal-injury case, your lawyer must prove that negligence on the part of the defendant caused your accident. You must also prove that you suffered injuries as a result of your accident, and that your injuries are a valid reason for financial compensation. It's not an easy procedure, but it's at the trial that you will finally know if you will be awarded the compensation 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 argue that their actions are not related to the accident, which will prevent them from having to pay you for your losses. Before you can proceed to trial you must attend a preliminary conference. This is the first time that your case is subject to deadlines set by a court. It is also the time that your attorney will discuss the case with the defense. Preliminary conferences are usually conducted by a judicial registrar or an individual from the court's staff. All participants must attend the preliminary conference in person unless the case has been handled in accordance with the New York's Differentiated Case Management Rule or the Rules are exempted in other ways. If, however, Louisville injury lawsuits cannot attend in person, they can participate via telephone or on the internet, with the consent of the convenor. If your case is to be part of the Differentiated Case Management program, a preliminary conference will also be a chance to determine whether your case falls within one of the three categories which are expedited, standard or complex. Bill of Particulars After the summons and complaint are filed, the defendants named in the lawsuit will have twenty to thirty days (although this time frame can be extended by the court). After the Answer is filed, the case enters what is called the discovery phase. During this phase both parties exchange information through written demands for discovery and depositions. Following the conclusion of discovery The attorney for the plaintiff prepares what is known as a Bill of Particulars. This document outlines legal claims and the relief sought – usually an award of money damages. The Bill of Particulars is meant to inform the defendant of the specific legal claims that are made to help them prepare for trial. Before a Bill of Particulars can be followed, it must be reviewed by the court. Generally speaking, the court will only comply with 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 where the court concluded that the plaintiff was not negligent. In 1994, the court upheld a motion to strike references to intentional or willful acts in a medical negligence case. The court will also not permit a new theory to be added at any point in the case that is unreasonably late. To avoid causing prejudice any late amendment to the Bill of Particulars must be supported by an affidavit, which gives a reasonable explanation for the delay of this amendment. Physical Examination If a defense attorney, or an insurance company asks you to attend an Independent Medical Examination (IME) the first reaction could be to wonder the reason why a doctor who does not know you and your medical history and the specifics of your injury is requested to conduct an exam. However, this kind of examination is actually a requirement under Washington law, and could be beneficial in your case. Typically, IMEs are conducted by doctors medical who are hired by the insurance company representing the defendant and aim to offer a different 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 amount of compensation which can be awarded to injured victims. Your Orange County personal injury attorney will make sure you know what to expect from an IME and will provide an IME doctor with a copy of all relevant medical records. Your lawyer will also be present at the IME and can ensure that you are being examined with respect and courtesy by ensuring that doctors ' questions aren't divergent from the ones 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.