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What is a Personal Injury Lawsuit? You may be eligible for compensation if you have been injured due to the actions or inactions of someone else. Contact a knowledgeable personal injury attorney to learn more about your rights. A personal injury lawsuit is civil litigation where the plaintiff seeks compensation for their loss. This includes medical bills, lost wages and property damage. The process can run between a few months and several years. Damages A personal injury lawsuit is a legal proceeding to force another person or entity to pay you money for damages related to an accident. The plaintiff is the injured party, and the defendants are accountable. If someone dies as a result of inattention or negligence of others, wrongful death cases are often included in personal injury claims. Damages are usually divided into two categories: compensatory and punitive. Compensation damages can include medical bills, pain and suffering compensation, and other out-of-pocket expenses. Punitive damages, which are rare and are intended to punish the perpetrator for committing extreme actions. This category covers all costs incurred as a result of the accident or injury. These could include hospital bills medical expenses, doctor's charges and physical therapy costs. Some claims could also cover additional costs, like travel costs to and from appointments, or modifications to your home to accommodate a permanent disability. Lansing injury lawyers -economic damage can also be referred to by the term “pain and suffer” damages. These damages are difficult to quantify, and they comprise the emotional distress and mental anguish caused by accidents. Your lawyer can help you value these damages based on the severity of your injuries. This may be based on your capacity to perform the things you did before or your loss in consortium with your family. Statute of Limitations A legal rule known as the statute of limitation requires that anyone who is injured in an accident file an action before a specific date or the claim will be dismissed. This is to safeguard evidence from being lost or lost in the shuffle and to stop people from carrying out litigation relating to incidents for an indefinite period. The exact time limit is different from one state to another, but most personal injury lawsuits have a limit of two to four years. However there are exceptions that can prolong the time required for a victim to submit their claim. They should seek legal advice for assistance in determining whether or not your case falls under one of these exceptions. The statute of limitations applies only to lawsuits that are filed in court. Insurance claims are typically used to resolve injuries and do not require formal lawsuits. But, it's important to leave yourself enough time to file a lawsuit just in case insurance negotiations do not go as planned or there is a problem that cannot be resolved through the insurance system. Certain circumstances may stop the statute of limitations clock however, these situations are rare and generally need to be analyzed on an individual basis. For example, the statute of limitations may not start to run until a victim has discovered or reasonably should have discovered that their injuries were caused by another person's negligence, and in some states, such as New York, the statute of limitations is different for claims against municipalities. Complaint A personal injury lawsuit is filed by the victim against the party who caused the injury. It claims that the defendant violated their duty of care and this breach resulted in harm and losses for the plaintiff. The defendant is held accountable for the losses. The complaint is the first document filed in a personal injury lawsuit. It includes specific allegations about the incident that led to your injuries as well as the damages you want. The complaint also includes the “prayer of relief” which outlines what you want the court to do. The complaint must be served to the defendant with a summons, which is a notice that they are being sued. After the complaint is filed, the defendant is required to file an answer to the complaint within a specified timeframe, and must either accept or deny the allegations in the complaint. The defendant can also make a counterclaim against the plaintiff or bring in another defendant as third-party defendant. A successful personal injury lawsuit is based on solid evidence, including medical documents and witness testimony. We work closely with our clients to ensure that all relevant information is gathered and included in the case. The evidence will also assist us negotiate with the defendant's attorneys or insurance representatives to get the most favorable settlement offer. Preliminary Conference In a personal injury case, your attorney must prove that the negligence of the defendant caused your accident. You must also prove that you were injured in the accident and that the injuries are worth an amount of money. It can be a lengthy process however, the trial is where you can finally determine whether you'll get the damages you deserve. In a jury trial, your lawyer will argue that the defendant is accountable and is required to compensate you for the losses you suffered. The defendant will present evidence to show that their actions were not related to the accident. This will stop them from settling your losses. You must attend a pre-trial conference before you can proceed with the trial. This is the first time that your case is subject to deadlines set by a judge. It is also the time when your attorney will discuss the case with the defense. A judicial registrar, also known as an individual of the court staff typically holds preliminary conferences. Unless the case is being handled by New York's Differentiated Case Management Rule, or otherwise exempted from the Rules, all parties are required to be present in person. If, however, a person is unable to attend in person they are able to participate via phone or internet with the approval of the convenor. If your case is to be part of the Differentiated Case Management program, a preliminary conference will also be a chance to determine whether your case falls within one of the three categories that are expedited, standard, or complex. Bill of Particulars After the summons and complaint have been filed, defendants named in the lawsuit will have between twenty and thirty days (although this timeframe can be extended by the court). Once the Answer has been filed, the case moves into what is called the discovery phase. During this stage, both parties exchange information through written discovery demands and depositions. The plaintiff's lawyer prepares the Bill of Particulars at the conclusion of the discovery. The document details the legal claims being made and the relief sought, usually an award of money damages. The Bill of Particulars is meant to inform the defendant of the specific legal claims that are made so that they can prepare for trial. Before a Bill of Particulars can be followed, it must be examined by the court. In general, the court will only be able to abide by a Bill of Particulars if it is not vague or overbroad. A Bill of Particulars should be limited to the specific acts of negligence claimed and should not add 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 ruled in favor of the motion to strike references to willful and intentional acts from a medical negligence claim. In the same way, the court will not allow addition of a new theory of recovery at an unreasonable late stage in the case. In order to avoid resultant negative consequences, an amendment made late to a Bill of Particulars should only be allowed when supported by an affidavit offering an acceptable explanation for the delay in the amendment. Physical Exam If a defense attorney, or an insurance company demands that you attend an Independent Medical Examination (IME), your natural first instinct may be to question the reason why a doctor who does not know you or your medical history and the specifics of your incident is asked to conduct an exam. This type of exam, which 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 representing the defendant and their goal is to provide a different perspective on your injuries. While they are sometimes described as “independent,” these physicians as well as insurance companies have their own agendas and financial motives in cutting down on the amount of compensation that could be given to a victim of injury. Your Orange County personal injury attorney will ensure that you are aware of what to expect from an IME and will give an IME doctor with a copy of the relevant medical records. Your lawyer will also be present at the IME and will ensure that you are examined in a fair manner by ensuring that the questions of the doctor do not diverge from the ones in your medical records. It is essential to not play with the severity of your injuries with these doctors, as they are trained to recognize the deceit and may utilize this information against you in trial.