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What is a Personal Injury Lawsuit? You may be eligible for compensation if you have suffered injuries due to the actions or inactions of another person. To learn more about your rights under the law, contact an experienced personal injury lawyer. A personal injury lawsuit is a civil dispute where the plaintiff seeks compensation for their losses. This includes medical expenses as well as lost wages and property damage. The process can take several months to several years. Damages A personal injury lawsuit is a process to force another person or entity to pay compensation for the damage caused by an accident. The injured party is known as the plaintiff while the responsible parties are called defendants. If someone dies as the result of the negligence or wrongdoing by others the wrongful death case may be part of personal injury lawsuits. Damages are usually classified into two categories: punitive and compensatory. Compensatory damages are meant to ensure that the victim is completely again, including out-of-pocket expenses such as medical bills as well as compensation for suffering and pain. Punitive damages, which are rare and are intended to punish the perpetrator when they have committed a number of extreme crimes. This category covers all expenses caused by the injury or accident. This could include hospital bills as well as doctor's fees and therapy costs. Some claims may also include additional expenses, such as the cost of travel to and from appointments or modifications to your home to accommodate a disability that is permanent. Non-economic losses are often described as “pain and suffering” damages. These are more difficult to quantify and involve the mental and emotional stress, suffering and anguish that an accident can cause. Based on the severity of your injuries, your lawyer will assist you to place a value on these damages. This could be based on the ability to participate in activities that you previously enjoyed or your loss of consortium with family members. Statute of Limitations A legal requirement known as the statute of limitations obliges anyone injured in an accident should file an action within a specified date or their claim will be dismissed. This is to safeguard evidence from being lost or lost in the shuffle and to stop people from drag out litigation related to an incident for a long time. The time frame for filing a claim differs from one state another, but the majority of personal injury claims have a limit of two to four years. However there are exceptions that can extend the time required for a victim to file their claim and they should seek legal advice when determining whether or not their case falls within one of these exceptions. The statute of limitations only applies to lawsuits filed in court. Insurance claims are usually used to settle injury cases and do not require formal lawsuits. It is nevertheless important to allow yourself enough time to bring a lawsuit in the event that negotiations with insurance do not go as planned or if a problem occurs that is not resolved by insurance. Certain circumstances can stop the statute of limitations clock however these cases are rare and generally need to be analyzed on an individual basis. The statute of limitations might not start until the person realizes or should have realized that the injury resulted from someone else's negligence. In certain states, such as New York, it is different for claims 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 violated their duty of care and that this breach caused loss and harm to the plaintiff. The defendant is then accountable for the damages. The first document filed with a personal injury lawsuit is referred to as the complaint. It contains specific details about the incident that caused your injuries and outlines the damages you are seeking. It also includes the “prayer for relief” which outlines what you want the court to do. The summons and complaint must be delivered to the defendant. After the complaint is filed, the defendant must file an answer to the complaint within a specific timeframe, and must either accept or deny the allegations in the complaint. The defendant can also file a counterclaim or add another defendant to the case as a third party defendant. A successful personal injury lawsuit is built on solid evidence, which includes medical records 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 attorney of the defendant or insurance representatives to get the best settlement possible. Preliminary Conference In a personal injury lawsuit your lawyer must demonstrate that the negligence of the defendant caused your accident. You must be able to prove that you sustained injuries due to your accident and that those injuries warrant financial compensation. This can be a long process however, the trial is when you can finally determine whether you'll receive the compensation you deserve. In a trial before a jury, your lawyer will argue that the defendant is accountable and is required to compensate you for your losses. The defendant will present evidence to show that their actions were unrelated to the accident. This will stop the defendant from paying for your losses. Before you can proceed to trial, you must attend a preliminary conference. This is the first time that your case is subject to deadlines set by a judge. This is also the time when your attorney will be discussing the case with the defense. A judicial registrar, also known as an individual of the court staff typically conducts preliminary conferences. All parties must attend the initial conference in person unless the case is handled under the New York's Differentiated Case Management Rule or the Rules are otherwise exempted. If, however, a person is unable to 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 whether your case falls into one of three categories – advanced standard or complex. Bill of Particulars After the summons and complaint are filed, the defendants named in the lawsuit will be given between twenty and thirty days (although this time frame is able to be extended by the court). Once the Answer is filed, the case is moved into the discovery phase. During this stage, both parties exchange information via written demands for discovery and depositions. At Peoria injury lawyers of discovery, the plaintiff's attorney prepares what is called a Bill of Particulars. The document is a legal declaration of claims and the relief sought – typically an award of money damages. The Bill of Particulars is meant to inform the defendant of the specific legal claims being made, to help them prepare for trial. Before a Bill of Particulars can be followed, it must be scrutinized by the court. Generally speaking, 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 negligence that is being claimed and should not add new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ) for instance was a case in which the court concluded that the plaintiff had not been negligent. In 1994, the court affirmed a motion to strike any references to willful or intentional acts in a medical malpractice case. The court will also not permit a new theory to be introduced at a point in the action that is unreasonably late. To avoid causing prejudice a late amendment to the Bill of Particulars must be supported by an affidavit, which provides a reasonable explanation for the delay of this amendment. Physical Examination It is possible to ask the reason why a doctor, who isn't familiar with you or your medical history and is unfamiliar with the specifics of your incident, would be required to conduct a medical exam. This type of examination is required under Washington law, can be beneficial to your case. Typically, IMEs are conducted by doctors medical who are hired by the insurance company of the defendant and their aim is to provide a different perspective to your injuries. Although they are often described as “independent,” these physicians – just like the insurance companies have their own agendas and financial interest in reducing the amount of compensation that can be granted to a victim who has been injured. If you decide to undergo an IME the Orange County personal injury lawyer will ensure that you are fully informed about what to expect and will provide a copy of all relevant medical records for the doctor to examine. Your lawyer will also be present at the IME and will make sure that you are examined fairly by ensuring that the questions of the doctor do not diverge from those in your medical records. It is important to avoid playing around with the severity of your injuries to these doctors, as they are trained to spot dishonesty and may use this information against you in trial.