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What is a Personal Injury Lawsuit? You could be entitled to compensation if you have suffered injuries due to the actions or inactions of a third party. To find out more about your legal rights get in touch with a seasoned personal injury lawyer. A personal injury lawsuit is a civil matter where the plaintiff is seeking money to compensate for their losses, such as medical bills, lost wages property damage, and other costs. The process can take anywhere from several months to several years. Damages A personal injury lawsuit is a legal proceeding to compel a person or entity to pay you money for damages related to an accident. Thornton injury attorneys You Tube who is injured is referred to as the plaintiff while the responsible parties are called defendants. When someone dies as a result of the negligence or wrongdoing by others the wrongful death case can be included in personal injury claims. Damages are typically classified into two categories: compensatory and punitive. Compensatory damages are meant to make the victim whole and regain their financial security, which includes out-of-pocket expenses like medical bills and compensation for pain and suffering. Punitive damages are not common and designed to punish the wrongdoer for extreme conduct. This category includes all expenses incurred as a result of the injury or accident. These may include hospital expenses, doctor's fees and physical therapy costs. Some claims could also cover additional expenses, such as transportation costs to and from appointments or home modifications to accommodate a permanent disability. Non-economic damages can also be referred to by the term “pain and suffer” damages. These damages are harder to quantify, and they include the emotional stress and mental anguish that accidents can cause. Based on the extent of your injuries, your lawyer will assist you to place a value on the damages. This could be based on the ability to carry out the activities you used to or your loss of a relationship with your family. Statute of Limitations A legal requirement, known as the statute of limitations, anyone who is injured in an accident must bring a lawsuit within a certain time frame or their claim will be rejected by the courts. This is done to stop evidence from being lost or lost, and also to stop individuals from dragging litigation relating to incidents out for a long time. The exact duration of the time limit is different from one state to another, but most personal injury claims have a time frame of two to four years. There are some exceptions to the time to file a claim. If you need assistance to determine if your claim falls under one of these exceptions, it is best to seek legal advice. The statute of limitations only applies to lawsuits that are filed in court. Insurance claims are typically used to settle injury cases and do not require formal lawsuits. Even so, it is important to leave yourself enough time to take legal action just in case insurance negotiations do not go as planned or an issue arises that can't be resolved through the insurance system. Some circumstances can pause the clock on the statute of limitations, but they are rare and need to be considered on a case-by-case basis. For instance, the statute of limitations might not start to run until the victim discovers or should have reasonably discovered that their injuries were caused by another person's negligence, and in certain states, such as New York, the statute of limitations is different for claims against municipalities. Complaint A personal injury lawsuit is a civil suit initiated by a victim against the person or entity that caused the injury. It claims that the defendant violated their duty of care and that the breach caused damage and losses for the plaintiff. The defendant is held responsible for these damages. The first document you file with a personal injury lawsuit is known as the complaint, and it contains detailed allegations about the incident that caused your injuries. It also lists the damages you're seeking. The complaint also contains the “prayer of relief” which describes what you would like the court to do. The summons and complaint should be handed over to the defendant. The defendant must respond to the complaint within specific time frames and either accept or deny all allegations made in the complaint. The defendant may also bring a counterclaim against plaintiff or introduce another defendant as third-party defendant. A successful personal injury lawsuit depends on solid evidence including medical records and testimony from witnesses. We work closely with our clients to collect all relevant information and then include it in the case. The evidence we have can also assist us to negotiate with defense lawyers or insurance agents to get the best possible settlement offer. Preliminary Conference In a personal injury case, your attorney must prove that the negligence of the defendant led to your accident. You must also prove that you suffered injuries as a result of your accident, and that the injuries you sustained are worthy of financial compensation. It's not an easy process, but it is at the trial that you will be able to determine if you be awarded the compensation you deserve. In the case of a trial before a jury your lawyer will argue that the defendant is at responsibility and the need to pay for your losses. The defendant will present evidence to show that their actions were not related to the accident. This will prevent the defendant from paying for your losses. You must attend a pre-trial discussion before proceeding with the trial. This is the first time that your case is subject to deadlines set by a court. This is also the time where 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 the New York's Differentiated Case Management Rule, or is otherwise exempt from the Rules the parties are required to attend in person. If a person is unable to attend in person, the convenor is able to allow them to participate by phone or online. If your case is to be part of the Differentiated Case Management program, an initial conference can be an opportunity to identify whether your case falls under one of the three categories that are expedited, standard, or complex. Bill of Particulars After the summons and complaint are filed, the 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 moves into what is called the discovery phase. In this phase, both parties exchange information via written discovery demands and depositions. The lawyer of the plaintiff drafts a Bill of Particulars at the end of the discovery. The document details the legal claims being made and the relief sought, usually the award of damages in cash. The Bill of Particulars is intended to put the defendant on notice of the specific legal claims being made, so that he or she is able to effectively prepare for trial. Before a Bill of Particulars can be accepted, it must be examined by the court. In general, the court will only abide by a Bill of Particulars if it is not vague or broad. A Bill of Particulars must only include the specific acts of neglect that are being alleged and not include any new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ), for example was a case where the court ruled that the plaintiff had not been negligent. 1994), the court sustained the motion to strike references to willful and intentional acts from a medical malpractice claim. The court will also not permit a new theory to be added at an stage in the litigation that is unreasonablely late. To avoid prejudice, a late amendment to a Bill of Particulars must be supported by an affidavit that provides a reasonable explanation for the delay of this amendment. Physical Exam When a defense attorney or insurance company demands that you take part in an Independent Medical Examination (IME), your natural first instinct may be to question the reason a doctor who may not know you, your medical history, and the details of your accident is being required to conduct an examination. However, this kind of exam is actually required under Washington law, and could 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. These doctors, sometimes referred to as “independent” and have their own agendas and financial stakes in reducing the compensation that can be paid to victims. If you decide to go through an IME the Orange County personal injury lawyer will make sure that you are well-informed about what to expect and provide the complete set of medical records to the doctor to examine. Your lawyer will also be present at the IME and will make sure that you are examined fairly by ensuring that the doctors ' questions aren't divergent from the ones in your medical records. It is crucial to not play around with the extent of your injuries with the doctors, since they are trained to recognize fraud and could make use of this information against you at trial.