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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 entitled to compensation. Contact a knowledgeable personal injury attorney to learn more about your rights. A personal injury lawsuit is a civil matter where the plaintiff is seeking money to cover their losses, such as medical bills, 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 which is filed to force another individual or entity to pay you for the damages that result from an accident. The plaintiff is the injured party, and the defendants are the parties accountable. When someone dies as a result of the inattention or negligence of others the wrongful death case can be included in personal injury lawsuits. Damages are usually divided into two categories: compensatory and punitive. Compensatory damages are intended to ensure that the victim is completely and regain their financial security, which includes out-of-pocket expenses such as medical bills and compensation for pain and suffering. Punitive damages, which are not common, are meant to punish the perpetrator if they have committed extreme crimes. This category includes all expenses that result from the injury or accident. This could include doctor's fees or hospital costs, as well as physical therapy expenses. In some instances additional expenses, such as the cost of travelling to and from appointments, or changes to your home due to permanent disabilities could also be included in an insurance claim. Non-economic damages are commonly described as “pain and suffering” damages. These damages are more difficult to quantify, and include the emotional distress and mental anguish that accidents can cause. Your lawyer will help you determine the value of these damages based on the severity of your injuries. It could be based on the ability to participate in activities that you previously enjoyed or your loss of connection with family members. Statute of Limitations A legal rule known as the statute of limitation obliges anyone injured in an accident must file an action within a specified date or else the claim will be dismissed. This is to prevent evidence from being lost or forgotten, and to prevent people from dragging out litigation relating to incidents for an indefinite period. The exact length of time for filing a claim differs from state to state but personal injury claims typically have a two-to four-year time limit. However there are exceptions that may extend the time that a victim must submit their claim. They should seek legal advice for assistance in to determine whether or not your case falls under one of the exceptions. The statute of limitations applies only to lawsuits filed in court. A majority of injuries cases are resolved through the process of claiming insurance and do not require formal lawsuit filing. However, it is important to leave yourself enough time to file a lawsuit in the event that negotiations fail to take place as planned or if there is a problem that cannot be easily addressed through the insurance system. A few circumstances can pause the clock on the statute of limitations, but these instances are extremely rare and need to be analyzed on an individual case-by-case basis. The statute of limitations may not start until the person realizes or should have realized that the injury resulted from someone else's negligence. In some states, like New York, it is different for claims made against municipalities. Complaint A personal injury lawsuit is a civil case filed by an injured party against the person or entity that caused the injury. It claims that the defendant breached a duty of care, and that this breach caused harm and loss to the plaintiff, and that the defendant is liable for those damages. The complaint is the first 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 includes the “prayer of relief” which outlines what you want the court to do. The summons and complaint should be handed over to the defendant. The defendant must respond to the complaint within certain deadlines and either admit or deny all allegations made in the complaint. The defendant may also file a counterclaim or add a third party defendant to the case by naming a third party defendant. A successful personal injury lawsuit depends on solid evidence including medical records and testimony from witnesses. We work closely together with our clients to gather all relevant information and include it in the case. The evidence we collect will also assist us in negotiate with the defendants' attorneys or insurance companies to get the best possible settlement offer. Preliminary Conference In a personal-injury lawsuit, your lawyer must prove that negligence on the part of the defendant caused your accident. You must also prove you suffered injuries in your accident and that your injuries are worth an amount of money. This could be a long process, but the trial is when you can finally determine whether you'll receive the compensation you deserve. In a trial before a jury the lawyer will argue for the defendant's liability and that they must be held accountable for your losses. The defendant will provide evidence to show that their actions were not related to the accident. Springfield injury attorney will stop the defendant from paying for your losses. Before proceeding to trial, you must attend a preliminary conference. This is the first time that your case will be subject to deadlines imposed by a court. This is also the time when your lawyer will discuss the issue with the defense. Preliminary meetings are usually held by a judicial registrar or a member of the court's staff. All parties must attend the initial conference in person unless the case is handled under New York's Differentiated Case Management Rule or the Rules are otherwise exempted. If a party is unable 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 be an opportunity to identify whether your case falls within one of the three classifications that are expedited, standard, or complex. Bill of Particulars After a complaint and summons are filed, the defendant parties who are named in the lawsuit have twenty or thirty days to submit an Answer (although this deadline may be extended if the court gives approval). Once the Answer is filed, the case moves into what is called the discovery phase. In this phase both sides exchange information in the form of written demand for discovery and depositions. The lawyer for the plaintiff prepares a Bill of Particulars at the end of 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 he or she is able to effectively prepare for trial. Before a Bill of Particulars can be followed, it must be reviewed by the court. In general, courts will only accept a Bill of Particulars that is not vague or broad. A Bill of Particulars should be limited to the specific acts of negligence being claimed and should not contain new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ) for instance was a case where the court concluded that the plaintiff had not been negligent. 1994) The court ruled in favor of a motion to strike all references to willful and intentional acts from a medical negligence claim. In the same way, the court will not allow the addition of a new theory of recovery at an unreasonably late stage in the case. To avoid adverse consequences, a late amendment to a Bill of Particulars should only be allowed if accompanied by an affidavit stating a reasonable excuse for the delay in the amendment. Physical Examination You might be wondering why a doctor, who doesn't know you, or your medical history, and isn't familiar with the details of your accident, should be required to conduct a medical exam. This type of examination is required by Washington law, could be beneficial to your case. IMEs are usually conducted by doctors hired by the defendant’s insurance company. Their aim is to offer a different view of your injuries. These doctors, sometimes referred to as “independent” are able to have their own goals and financial interests in reducing the compensation that is awarded to injured victims. If you choose to undergo an IME, your Orange County personal injury lawyer will make sure that you are aware of what to expect and will provide the complete set of medical records to 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 aren't divergent from the ones in your medical records. Do not underplay or exaggerate the severity of your injury to the doctors. They are trained to detect fraud, and may make use of this information in a trial.