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What is a Personal Injury Lawsuit? If you've been injured through the actions or inactions, you may be able to recover compensation. Contact a knowledgeable personal injury lawyer to find out more about your rights. A personal injury lawsuit is a civil dispute where the plaintiff seeks compensation for their loss. This includes medical bills, lost wages and property damage. The process can last from a few months to several years. Damages A personal injury lawsuit is a legal process that is used to compel another person, or entity to compensate you for the damages that result from an accident. The plaintiff is the one who was injured, and the defendants are the parties accountable. When someone dies as a result of the inattention or negligence of others In wrongful deaths, the case may be part of personal injury lawsuits. Sparks injury lawyers are usually divided into two categories: compensatory and punitive. Compensation damages can include medical bills as well as pain and suffering compensation and other out-of pocket expenses. Punitive damages, which are not common, are meant to punish the offender for committing extreme acts. The first category of damages is often referred to as “economic damages.” This is the term used to describe the cost of out-of-pocket expenses incurred due to the accident or injury. These may include hospital expenses as well as doctor's fees and therapy costs. Some claims could also cover additional costs, like transportation costs to and from appointments or home modifications to accommodate a disability that is permanent. Non-economic damages are commonly referred to as “pain and suffering” damages. These damages are difficult to quantify and include the emotional distress and mental stress that an accident can cause. Your lawyer will assist you to determine the value of these damages based on the severity of your injuries. This could be based on the ability to carry out the things you were previously able to do or your loss of consortium with family. Statute of limitations Under a legal rule called the statute of limitations, anyone who suffers injury as a result of an accident must file a lawsuit within a specific time period or else their claim will be dismissed by the courts. This is done to stop evidence from being lost or lost and to stop people from dragging incident-related litigation out for a long time. The exact time frame is different between states, however personal injury claims generally have a two-to four-year time limit. However there are exceptions that may prolong the time that a victim must make a claim, and they should seek legal advice for assistance in to determine if their case falls into one of these exceptions. The statute of limitations applies only to lawsuits that are filed in court. Insurance claims are often used to settle injury cases and do not require formal lawsuits. However, it is crucial to give yourself plenty of time to pursue legal action in the event that negotiations do not follow the plan or an issue arises that can't be easily addressed through the insurance system. Certain circumstances can stop 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 may not start running until a victim has discovered or should have reasonably discovered that their injury was caused by a negligent actions. In certain states, such as New York, the statute of limitations differs for claims against municipalities. Complaint A personal injury lawsuit is a civil case brought by an injured person against the person or entity that caused the injury. It claims that the defendant violated the duty of care, and that the breach caused harm and loss to the plaintiff, and that the defendant should be held accountable for the losses. The first document filed in a personal injury lawsuit is called the complaint. 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 describes what you would like the court to do. The summons and complaint must be delivered to the defendant. After the complaint is filed, the defendant has to submit an answer to the complaint within a specified time frame, and may either deny or admit the allegations in the complaint. The defendant can also file a counterclaim, or add another defendant to the case by naming a third party defendant. A successful personal injury lawsuit is based on solid evidence including medical records and testimony from witnesses. We collaborate closely with our clients to ensure that all relevant information is collected and included in the case. The evidence we have can also assist us to negotiate with the defendants' lawyers or insurance agents to obtain the best settlement offer. Preliminary Conference In a personal-injury lawsuit the lawyer for you must prove that negligence on the part of the defendant led to your accident. You must be able to prove that you sustained injuries from your accident, and that your injuries are a valid reason for financial compensation. It's a long procedure, but it's at the trial that you will finally know if you will get the compensation you deserve. In the case of a trial before jurors the lawyer will argue that the defendant is at liability and that they must compensate you for your losses. The defendant will provide evidence that their actions are unrelated to the accident, which prevents them from having to reimburse you for your losses. Before proceeding to trial you must attend a preliminary conference. This is the first time that your case has deadlines set by a judge. It is also the time where your attorney will discuss the case with the defense. A judicial registrar, or an individual of the court's staff, typically conducts preliminary conferences. All parties must attend the initial 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, however, a person is unable to attend in person, they are able to take part via phone or online, with the consent of the convenor. If your case is scheduled to be part of the Differentiated Case Management program, the preliminary conference will be a chance to determine whether your case falls within one of the three classifications which are expedited, standard or complex. Bill of Particulars After a complaint and summons are filed, the defendants identified in the lawsuit are given either twenty or thirty days in which to respond (although this time frame can be extended with the court's consent). Once the Answer is filed, the case is moved to what is called the discovery phase. During this stage both parties exchange information through written demands for discovery and depositions. Following the conclusion of discovery, the plaintiff's attorney prepares what is known as a Bill of Particulars. The document details legal claims 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 can prepare effectively for trial. The court must examine a Bill of Particulars before it is allowed to be enforced. Generally, 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 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 ruled that the plaintiff was not negligent. 1994) the court granted a motion to strike all references to intentional and willful acts from a medical negligence claim. The court will not allow introduction of a new doctrine of recovery at an unreasonably late point in the action. To avoid prejudice, a late amendment to a Bill of Particulars must be supported by an affidavit which gives a reasonable explanation of the tardiness of the amendment. Physical Examination It is possible to ask why a doctor who doesn't know you, or your medical history and is unfamiliar with the specifics of your accident, should be asked to conduct a medical examination. This type of examination is required under Washington law, could be beneficial to your case. IMEs are typically conducted by doctors hired by the insurer of the defendant. They are there to provide an alternative view of your injuries. Although they are sometimes described as “independent,” these physicians as well as insurance companies have their own agendas and financial interest in cutting down on the amount of compensation that can be granted to a victim who has been injured. Your Orange County personal injury attorney will ensure that you are aware of what to expect from an IME and will give a copy to the doctor of the relevant medical records. Your lawyer will be present during the IME to ensure that the questions asked by the doctor are consistent with your medical records. It is not advisable to downplay or exaggerate the severity of your injuries to these doctors. They are trained to detect dishonesty, and could use this information at trial.