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. To find out more about your legal rights get in touch with a seasoned personal injury lawyer. A personal injury lawsuit is civil litigation where the plaintiff seeks compensation for their losses. This includes medical bills as well as lost wages and property damage. The process can take anywhere from several months to several years. Damages A personal injury lawsuit is a legal process which is filed to force another person or entity to compensate you for damages resulting from an accident. The plaintiff is the injured party, and the defendants are accountable. Personal injury cases can include the wrongful death of a person who dies due to the negligence or wrongdoing of others. A victim's damages are typically divided into two categories which are: punitive and compensatory. Compensation damages are based on medical bills as well as pain and loss compensation, and other out-of-pocket expenses. Punitive damages, which are not common and are designed to punish the offender if they have committed extreme actions. The first category of damages is usually called economic damages. This includes any out-of-pocket costs resulting from the accident or injury. This could include doctor's fees as well as hospital expenses and physical therapy expenses. In some cases other expenses such as the cost of travelling to and from appointments, or modifications to your home to accommodate permanent disabilities could be included in a claim. Non-economic damage can also be described as pain and suffer damages. These damages are difficult to quantify and include the emotional stress and mental stress that an accident can cause. auto accident injury lawyers can help you value these damages based on the extent of your injury. This may be based on your ability to carry out the things you did before or your loss in consortium with family. Statute of limitations In a legal rule known as the statute of limitations, anyone who suffers an injury in an accident must file a lawsuit within a certain time frame or their claim will be dismissed by the courts. This is done to prevent evidence from being lost or lost, and to prevent people from dragging incident-related litigation out indefinitely. The time frame for filing a claim varies from one state to another, but the majority of personal injury claims have a limit of between two and four years. However there are exceptions that could extend the amount of time that a victim must file their claim and they should seek legal advice when determining whether or not your case falls under one of the exceptions. The statute of limitations is only applicable to lawsuits that are filed in the court. Insurance claims are often used to settle injury cases and do not require formal lawsuits. It is important to allow yourself enough time to bring a lawsuit in the event that insurance negotiations don't go as planned, or if a problem arises which cannot be resolved through insurance. Certain circumstances may stop the clock on the statute of limitations, however they are not common and have to be assessed on a case-by case basis. For instance the statute of limitations might not begin to run until a victim has discovered 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 differs for claims against municipalities. Complaint A personal injury lawsuit is a civil action filed by an injured party against the person or entity that caused the injury. The plaintiff claims that the defendant violated their duty of care and that the breach caused damage and losses for the plaintiff. The defendant is then accountable for the damages. The first document filed with a personal injury lawsuit is called the complaint, and it contains specific details about the incident that caused your injuries. It also outlines the damages you are seeking. The complaint also includes a prayer of relief which outlines what you want the court to do. The summons and complaint must be handed over to the defendant. After the complaint is filed, the defendant has to respond to the complaint within a certain time period, and they must either accept or deny the allegations in the complaint. The defendant may also file a counterclaim against the plaintiff or bring in another defendant as a third-party defendant. A successful personal injury lawsuit is based on solid evidence, which includes 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 can also help us negotiate with the defendant's attorneys or insurance agents to obtain the best settlement possible. Preliminary Conference In a personal-injury case your lawyer must show that negligence on the part of the defendant caused your accident. You must also prove that you suffered injuries due to your accident and that your injuries are a valid reason for financial compensation. This could be a long process, but the trial is where you'll be able to decide if you'll be awarded the damages you're entitled to. In the case of a trial before a jury the lawyer will argue the defendant's responsibility and the need to pay 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. Before you can proceed to trial you must attend a preliminary conference. This is typically the first time your case will be subject to deadlines that are set by the Court itself. This is also the time when your lawyer will discuss the issue with the defense. A judicial registrar, also known as a member of the court staff typically conducts preliminary conferences. All parties 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 otherwise exempted. If a party is not able to attend in person, the convenor is able to permit them to participate via telephone or online. If your case is going to be 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 classifications - expedited, standard or complex. Bill of Particulars When a summons and complaint are filed, the defendant parties named in the lawsuit have either twenty or thirty days in which to file an Answer (although this deadline can be extended with the court's approval). Once the Answer is filed, the case is moved to what is called the discovery phase. In this period, both sides exchange information in the form of written demands for discovery and depositions. The lawyer of the plaintiff drafts a Bill of Particulars at the conclusion of the discovery. The document is a legal declaration of claims and the relief sought - typically 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 they 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 accept the Bill of Particulars if it is not vague or broad. A Bill of Particulars must only include the specific acts of negligence that are being claimed 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 granted the motion to strike all references to intentional and willful actions from a medical malpractice claim. In the same way, the court will not permit the introduction of a new theory of recovery at an unreasonable late point in the action. To avoid causing prejudice, an amendment made late to the Bill of Particulars must be supported by an affidavit that provides a reasonable explanation for the delay of this amendment. Physical Examination If a defense attorney, or an insurance company asks you to take part in an Independent Medical Examination (IME), your natural first instinct could be to wonder the reason a doctor who may not know you, your medical history, and the specifics of your accident is being asked to conduct an exam. But, this type of exam is actually required under Washington law, and could be beneficial in your case. IMEs are usually conducted by doctors hired by the insurance company of the defendant. Their aim is to provide an alternative view of your injuries. These physicians, who are often referred to as independent and have their own goals and financial interests in reducing the amount of compensation that can be given to victims of injuries. Your Orange County personal injury attorney will ensure that you are aware of what to expect from an IME and will provide a copy to the doctor of the relevant medical records. Your lawyer will be present during the IME to make sure that the questions asked by the doctor are in line with your medical records. You should not downplay or exaggerate the severity of your injury to these doctors. They are trained to spot fraudulent behavior, and can utilize this information in court.
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