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What is a Personal Injury Lawsuit? If you have been injured by another person's actions or inactions, you may be eligible for compensation. Contact a knowledgeable personal injury lawyer to learn more about your rights. A personal injury lawsuit is a civil action in which the plaintiff seeks money to cover their losses, including medical bills, lost wages damages to property and other expenses. The process can last from a few months to a few years. Damages A personal injury lawsuit is an action to compel another person or entity to pay money for damages related to an accident. The plaintiff is the victim and the defendants are the ones responsible. Personal injury cases can also include the wrongful death of a person who dies due to the negligence or wrongful actions of others. Damages are usually classified into two categories: compensatory and punitive. Compensatory damages are intended to ensure that the victim is completely for good, including out-of-pocket costs like medical bills and compensation for suffering and pain. Punitive damages, which are not common and are intended to punish the perpetrator for committing extreme actions. This category covers all expenses that result from the injury or accident. These could include hospital bills as well as doctor's fees and therapy costs. Certain claims could also include additional expenses, such as travel costs to and from appointments, or modifications to your home to accommodate a permanent disability. Non-economic damages are commonly described as “pain and suffering” damages. These damages are harder to quantify and include the emotional stress and mental anguish caused by accidents. Based on the extent of your injuries, your lawyer will help you determine the value of these damages. This could be based on the capacity to perform the things you were previously able to do or your loss of a relationship with family. Statute of limitations A legal requirement known as the statute of limitation stipulates that anyone injured in an accident must file a lawsuit before a certain date or else their claim will be dismissed. This is done to prevent evidence from being lost or lost, and to prevent individuals from dragging litigation relating to incidents 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 claims have a time frame of between two and four years. There are certain exceptions to the time to file a claim. If you require assistance to determine if your claim falls under one of these exceptions, then it is recommended to seek legal advice. One of the most important aspects of the statute of limitations is that it is only applicable to the filing of an action in court. Insurance claims are often used to resolve injuries and do not require formal lawsuits. But, it's important to allow yourself enough time to pursue legal action in the event that negotiations don't follow the plan or there is a problem that cannot be resolved through the insurance system. Certain circumstances can stop the clock on the statute of limitations, however they are extremely rare 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 certain states, such as New York, it is different for claims against municipalities. Complaint A personal injury lawsuit is filed by the victim against the person who caused the injury. It claims that the defendant violated the duty of care, that this breach caused harm and loss to the plaintiff and that the defendant is accountable for the losses. The first document you file with a personal injury lawsuit is known as the complaint, and it contains detailed allegations about the incident that led to your injuries. It also outlines the damages you seek. The complaint also contains the “prayer for relief” that describes what you would like the court to do. The summons and complaint must be handed over to the defendant. After the complaint is filed, the defendant has to file an answer to the complaint within a specified timeframe, and may either deny or admit the allegations in the complaint. The defendant may also make a counterclaim against the plaintiff or bring in a different defendant as 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 gather the relevant information and incorporate it in the case. The evidence we gather will also help us to negotiate with the defendants' attorneys or insurance companies to negotiate the most favorable settlement offer. Preliminary Conference In a personal injury lawsuit the attorney for you must prove that the negligence of the defendant caused your accident. You must be able to prove that you sustained injuries as a result of your accident, and that your injuries are a valid reason for financial compensation. This could be a long process however, the trial is when you can finally determine whether you'll be awarded the damages you deserve. In a trial before a jury, your lawyer will argue that the defendant is accountable and has to pay for the losses you suffered. The defendant will argue that their actions are not related to the accident, which prevents them from having to pay you for your losses. You must attend a pre-trial discussion before proceeding with the trial. This is the first time your case is subject to deadlines set by a judge. This is also the time when your lawyer will discuss the case with the defense. Preliminary conferences are usually conducted by a judicial register or a member of the court's staff. All participants must attend the preliminary conference in person unless the case is handled in accordance with the New York's Differentiated Case Management Rule or the Rules are exempted in other ways. If a party is not able to attend in person, the convenor may permit them to participate via phone or online. If Longview injury attorney is going to be part of the Differentiated Case Management program, a preliminary conference will also provide an opportunity to determine whether your case falls under one of the three classifications that are expedited, standard, or complex. Bill of Particulars After the complaint and summons have been filed, defendants named in the lawsuit will be given between twenty and thirty days (although this timeframe is able to be extended by the court). Once the Answer has been filed, the case is moved into what is called the discovery phase. During this phase, both parties exchange information via written demands for discovery and depositions. The lawyer of the plaintiff drafts the Bill of Particulars at the end of the discovery. This document outlines the legal claims being made as well as the relief requested – typically an award of money damages. The Bill of Particulars is meant to inform the defendant of the specific legal claims being made, so that they can prepare for trial. The court must review the Bill of Particulars before it can be complied with. Generally speaking, the court will only abide by 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. 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 malpractice claim. Similarly, the court will not allow the introduction of a new theory of recovery at an unreasonable late point in the action. To avoid causing prejudice a late amendment to the Bill of Particulars must be supported by an affidavit, which provides 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 might be to ask why a doctor who does not know you or your medical history and the specifics of your accident is being required to conduct an examination. This type of examination is required by Washington law, can be beneficial to your case. Typically, IMEs are conducted by medical doctors who are employed by the insurance company of the defendant and aim to offer a different view of your injuries. While they are sometimes called “independent,” these physicians as well as insurance companies have their own agendas and financial interest in cutting down on the amount of compensation that may be awarded to an injured victim. If you decide to go through 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. They will provide copies of all relevant medical records for the doctor to examine. Your lawyer will be present during the IME to ensure that the questions asked by the doctor are in accordance with your medical records. It is important to not play around with the severity of your injuries to these doctors, as they are trained to spot the deceit and may utilize this information against you at trial.