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What is a Personal Injury Lawsuit? You could be entitled to compensation if have been injured due to the actions or inactions of a third party. To find out more about your rights under the law to pursue compensation, consult a knowledgeable personal injury lawyer. A personal injury lawsuit is a civil action where the plaintiff is seeking money to cover their losses, which include medical bills, lost wages, property damage and other expenses. The process can take anywhere from several months to several years. Damages A personal injury lawsuit is an action to compel a person or entity to pay compensation for the damage caused by an accident. The injured party is known as the plaintiff, while the parties responsible are referred to as defendants. If someone dies as a result of the negligence or wrongdoing by others In wrongful deaths, the case may be part of personal injury lawsuits. Damages are usually classified into two categories: punitive and compensatory. Compensatory damages are meant to make the victim whole and regain their financial security, which includes out-of-pocket expenses such as medical bills as well as compensation for suffering and pain. Punitive damages, which are very rare and are intended to punish the wrongdoer when they have committed a number of extreme acts. The first type of damages is typically called “economic damages.” This covers the cost of out-of-pocket expenses incurred due to the accident or injury. These could include doctor's bills, hospital costs and physical therapy expenses. Certain claims could also include additional costs, like travel costs to and from appointments, or modifications to your home to accommodate a disability that is permanent. Non-economic damages can also be described as “pain and suffer” damages. These are more difficult to quantify and involve the mental and emotional stress, anxiety and suffering caused by accidents. Your lawyer will assist you to determine the value of these damages based on the extent of your injury. This could be based on your ability to participate in activities that you previously enjoyed or the loss of your relationship with family members. Statute of Limitations In a legal rule known as the statute of limitations, any person who is injured in an accident must bring a lawsuit within a specified time or the claim will be rejected by the courts. This is done to stop evidence from being lost or lost and to stop individuals from dragging litigation relating to incidents out indefinitely. The exact time limit varies from one state to another, but most personal injury claims have a limit of between two and four years. There are some exceptions to the time to file claims. If you need help to determine if your claim is one of these exceptions, it is recommended to seek legal advice. The statute of limitations applies only to lawsuits that are filed in the court. Insurance claims are typically used to settle injury cases and do not require formal lawsuits. But, it's crucial to give yourself plenty of time to file a lawsuit in the event that insurance negotiations do not take place as planned or if an issue arises that cannot be resolved through the insurance system. A few circumstances can pause the clock of the statute of limitations however these cases are very rare and have to be considered on an individual basis. For instance the statute of limitations may not start running until the victim discovers or ought to have realized that their injuries were caused by a negligent actions, and in certain states, such as New York, the statute of limitations differs for claims against municipalities. Complaint A personal injury lawsuit is filed by a victim against the person who caused the injury. It claims that the defendant violated the duty of care, that this breach caused harm and losses to the plaintiff, and that the defendant should be held accountable for the damages. The complaint is the initial document that is filed in a personal injury lawsuit. It contains detailed allegations about the incident that caused your injuries, as well as the damages you want. It also includes a “prayer for relief” that outlines what you want the court to do. The complaint must be served to the defendant with a summons which is a notification that they are being sued. The defendant must respond to the complaint within certain time limits and either admit or deny the allegations contained in the complaint. The defendant may also file a counterclaim against the plaintiff or bring in a different defendant as a 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 ensure that all relevant information is gathered and included in the case. The evidence can also help us negotiate with the attorney for the defendant or insurance agents to obtain the best settlement offer 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 from your accident, and that the injuries you sustained are worthy of financial compensation. It can be a lengthy process, but the trial is where you'll be able to decide if you'll receive the compensation you're entitled to. In a jury trial, your lawyer will argue that the defendant is responsible and must pay you for the losses you suffered. The defendant will present evidence to show that their actions were unrelated to the accident. This will prevent them from paying you for your losses. You must attend a pre-trial conference before proceeding with the trial. This is the first time your case has deadlines set by a court. This is also the time where your attorney will discuss the case with the defense. Preliminary conferences are usually conducted by a judicial registrar or a member of the court's staff. All participants must attend the preliminary conference in person unless the case has been handled under New York's Differentiated Case Management Rule or the Rules are exempted in other ways. If a party cannot attend in person, they may take part via phone or online, with the consent of the convenor. If Portsmouth injury lawyers is part of the Differentiated Case Management Program, the initial meeting provides an opportunity to determine if your case falls within one of three categories namely expedited standard or complex. Bill of Particulars After a complaint and summons are filed, the defendant parties named in the lawsuit have twenty or thirty days to submit an Answer (although this time frame can be extended if the court gives approval). After the Answer is filed, the case is moved into what is called the discovery phase. In this phase the parties exchange information in the form of written discovery demands and depositions. Following the conclusion of discovery, the plaintiff's attorney prepares what is called a Bill of Particulars. The document details 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. Before a Bill of Particulars can be followed, it must be reviewed by the court. In general, the court will only be able to abide by the Bill of Particulars if it is not vague or overbroad. 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 example, was a case where the court found that the plaintiff had not been negligent. 1994) The court ruled in favor of the motion to strike all references to intentional and willful actions 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, any late amendment to the Bill of Particulars must be supported by an affidavit that provides a reasonable explanation for the tardiness of the amendment. Physical Exam 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, would be required to conduct a medical examination. This type of examination, which is required by Washington law, could be beneficial to your case. IMEs are typically conducted by doctors hired by the defendant’s insurance company. They are there to offer a different view of your injuries. These doctors, sometimes called “independent”, have their own goals and financial interests in reducing the amount of compensation that is given to victims of injuries. If you choose to undergo an IME If you decide to undergo an IME, your Orange County personal injury lawyer will ensure that you are well-informed about what to expect and provide the complete set of medical records to the doctor to look over. Your lawyer will also be present at the IME and will ensure that you are being 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.