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What is a Personal Injury Lawsuit? If you've been injured due to another's actions or inactions, you may be entitled to compensation. To learn more about your legal rights get in touch with a seasoned personal injury lawyer. A personal injury lawsuit is a civil matter in which the plaintiff seeks money to cover their losses, which include medical expenses, lost wages, damages to property and other expenses. The process can last from a few months to a few years. Damages A personal injury lawsuit is an action to force another person or entity to pay compensation for the damage caused by an accident. The plaintiff is the victim, and the defendants are accountable. Personal injury cases can include wrongful death claims when someone dies because of the negligence or wrongdoing of others. The damages a victim suffers are usually divided into two categories that are punitive and compensatory. Compensation damages are based on medical bills as well as pain and suffering compensation, and other out-of-pocket expenses. Punitive damages are not common and are designed to punish the wrongdoer for extreme conduct. The first type of damages is often referred to as “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 costs. Some claims may also include additional costs, like transportation costs to and from appointments or home modifications to accommodate a disability that is permanent. Non-economic damages are often referred to as “pain and suffering” damages. They are more difficult to quantify and include the emotional distress, mental anguish and suffering caused by accidents. Depending on the severity of your injuries your lawyer will assist you to estimate the value of these damages. This may be based on your ability to do activities you used to or your loss of a relationship with family. Statute of limitations A legal rule known as the statute of limitations stipulates that anyone injured in an accident should file a lawsuit before a certain date or their claim will be dismissed. This is to prevent evidence from being lost or forgotten, and to stop people from drag out litigation relating to incidents for an indefinite period. The exact time frame varies from state to state, however, personal injury claims typically have a two-to four-year limitation. There are certain exceptions to the to file claims. If you need help in determining whether your case falls within one of these exceptions, then it is recommended to seek legal advice. A key aspect of the statute of limitations is that it is only applicable to the filing of an action in a court. Insurance claims are often used to resolve injury cases and do not require formal lawsuits. It is nevertheless important to give yourself enough time to start a lawsuit in the event that negotiations with insurance aren't as smooth as you had hoped, or if a problem arises that cannot be resolved with insurance. Some circumstances can pause the clock on the statute of limitations, but they are not common and have to be assessed on a case-by-case basis. The statute of limitations might not begin until the victim is aware or should have known that the injury was caused by someone else's negligence. In some states, like New York, it is different for claims made against municipalities. Complaint A personal injury lawsuit is brought by the victim against the party who caused the injury. The plaintiff claims that the defendant breached their duty of care and that the breach caused damage and losses for the plaintiff. Lauderhill injury lawyers You Tube is held accountable for the losses. The first document filed in a personal injury lawsuit is known as the complaint, and it contains specific details about the incident that led to your injuries. It also outlines the damages you are seeking. The complaint also includes an “prayer of relief” which describes what you want the court to do. The complaint must be served on the defendant, along with a summons that is a notice that they are being sued. The defendant must respond to the complaint within certain time frames and either accept or deny all allegations made in the complaint. The defendant can also make a counterclaim against the plaintiff or introduce another defendant as a third-party defendant. A successful personal injury lawsuit is based on solid evidence, such as medical records and witness testimony. We collaborate closely with our clients to ensure that all relevant information is collected and included in the case. The evidence will also help us negotiate with the attorney for the defendant or insurance companies to negotiate the best settlement possible. 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 also prove you were injured in the accident and that your injuries are worth financial compensation. It's not an easy process, but it is at the trial that you'll find out if you get the compensation you are entitled to. In a jury trial, your lawyer will argue that the defendant is responsible and has to pay for the losses you suffered. The defendant will present evidence to prove that their actions were not related to the accident. This will stop the defendant from paying for your losses. You must attend a pre-trial conference before proceeding with the trial. This is the first time your case will be subject to deadlines imposed by a judge. It is also the time where your lawyer will discuss the case with the defense. A judicial registrar, also known as an individual of the court's staff, typically conducts preliminary conferences. All parties must attend the preliminary conference in person unless the case is handled by the New York's Differentiated Case Management Rule or the Rules are exempted in other ways. If a party cannot attend in person, they are able to participate via telephone or on the internet, with the consent of the convenor. If your case will be part of the Differentiated Case Management Program, an initial meeting also provides an opportunity to determine if your case falls into one of three categories namely advanced standard or complex. Bill of Particulars After a complaint and summons 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 if the court gives permission). Once the Answer is filed, the case is moved to what is called the discovery phase. During this stage, both parties exchange information via written demands for discovery and depositions. The lawyer of the plaintiff drafts a Bill of Particulars at the end of discovery. The document details legal claims and the relief sought – typically the award of damages in cash. The Bill of Particulars is meant to inform the defendant of the specific legal claims made, so that they can prepare for trial. The court must review a Bill of Particulars before it is able to be followed. In general, the court will only abide by a Bill of Particulars if it isn't vague or overly broad. A Bill of Particulars must only include the specific acts of neglect that are being asserted 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. In 1994, the court upheld a motion to strike references to intentional or willful acts in a medical malpractice case. The court will not permit a new theory to be added at any point in the case that is unreasonable late. To avoid causing prejudice, an amendment made late to a Bill of Particulars must be supported by an affidavit, which provides a reasonable explanation for the lateness of this amendment. Physical Exam When a defense attorney or insurance company asks you to attend an Independent Medical Examination (IME) Your first reaction may be to question the reason a doctor who may not know you, your medical history, and the details of your injury is required to conduct an examination. However, this kind of examination is actually an obligation under Washington law and could be beneficial to your case. IMEs are usually conducted by doctors employed by the defendant’s insurance company. Their goal is to offer a different view of your injuries. These doctors, who are often referred to as “independent” are able to have their own goals and financial interests in reducing the amount of compensation that is awarded to injured victims. Your Orange County personal injury attorney will ensure that you understand what to expect from an IME and will give the doctor with a copy of all relevant medical records. Your lawyer will also be present at the IME and can ensure that you are examined in a fair manner by ensuring that the doctors ' questions aren't divergent from those in your medical records. It is crucial to avoid playing up or down the extent of your injuries with these doctors, as they are trained to spot the deceit and may use this information against you in trial.