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What is a Personal Injury Lawsuit? You could be entitled to compensation if have suffered injuries due to the actions or inactions of another person. 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 dispute where the plaintiff is seeking compensation for their losses, including medical expenses, lost wages, property damage and other expenses. The process can run from several months to several years. Damages A personal injury lawsuit is a legal proceeding to compel another person or entity to pay money for damages related to an accident. The party who suffered the injury is known as the plaintiff, while the parties accountable are known as defendants. Personal injury cases can also include wrongful death claims when someone dies because of the negligence or wrongdoing of others. The damages a victim suffers are usually broken down into two groups: compensatory and punitive. Compensatory damages are intended to help the victim get back on track and regain their financial security, which includes out-of-pocket expenses such as medical expenses and compensation for pain and suffering. Punitive damages, which are not common and are designed to punish the wrongdoer when they have committed a number of extreme crimes. This category covers all costs caused by the injury or accident. Madison injury lawyer may include hospital expenses, doctor's fees and physical therapy costs. In some cases, additional expenses like the cost of traveling to and from appointments, or changes to your home for permanent disabilities could also be included in the claim. Non-economic losses are often referred to as “pain and suffering” damages. These damages are harder to quantify, and they include the emotional distress and mental stress caused by accidents. Your lawyer will help you value these damages based on the severity of your injury. This could be based on the ability to continue enjoying the activities 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, anyone who suffers an injury in an accident must bring a lawsuit within a specified time or else their claim will be rejected by the courts. This is done to stop evidence from being lost or lost and to stop those who delay bringing litigation related to an incident out indefinitely. The exact time limit differs from one state another, but most personal injury lawsuits have a time limit of between two and four years. However there are exceptions that can extend the time that a victim must file their claim and they should seek legal advice for assistance in to determine whether or not your case falls under one of the exceptions. A key aspect of the statute of limitations is that it only applies to the filing of a lawsuit in court. Insurance claims are typically used to settle injury cases and do not require formal lawsuits. It is nevertheless important to give yourself enough time to bring a lawsuit in the event that insurance negotiations do not go as planned or if there is a problem which cannot be resolved through insurance. Certain circumstances may stop the statute of limitations clock however these cases are very rare and have to be evaluated on an individual case-by-case basis. For instance the statute of limitations might not begin to run until a victim discovered or ought to have realized that their injury was caused by a negligent actions, and in some states, such as New York, the statute of limitations differs for claims against municipalities. Complaint A personal injury lawsuit is a civil suit initiated by a victim against the person or entity who caused the injury. The plaintiff claims that the defendant violated their duty of care, and that the breach caused damage and losses for the plaintiff. The defendant is then held responsible for these damages. The first document filed in a personal injury lawsuit is known as the complaint, and it contains detailed allegations about the incident that led to your injuries. It also outlines the damages you're seeking. The complaint also contains the “prayer of relief” which outlines what you would like 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 a set of time frames and either accept or deny all allegations in the complaint. The defendant can also file 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 testimony from witnesses. We work closely together with our clients to gather all relevant information and then include it in the case. The evidence can also help us negotiate with the attorney of the defendant or insurance agents to obtain the most favorable settlement offer. Preliminary Conference In a personal-injury lawsuit, your lawyer must prove that negligence on the part of the defendant led to your accident. You must also prove that you suffered injuries due to your accident and that your injuries are a valid reason for financial compensation. This could be a long process however, the trial is where you will be able to determine if you'll be awarded the damages you're entitled to. In a trial before a jury, your lawyer will argue that the defendant is accountable and is required to compensate you for the losses you suffered. The defendant will provide evidence to show that their actions are not connected to the accident. This will prevent them from paying you for your losses. You must attend a pre-trial conference prior to proceeding with the trial. This is the first time your case has deadlines set by a court. This is also the time when your attorney will be discussing the matter with the defense. A judicial registrar, also known as an official of the court's staff, typically holds preliminary conferences. Unless the case is being handled in accordance with New York's Differentiated Case Management Rule, or is otherwise exempt from the Rules All participants are required to attend in person. If, however, a person is unable to attend in person, they can take part via phone or online with the permission 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 under one of three categories namely advanced standard or complex. Bill of Particulars After a complaint and summons are filed, the defendants named in the lawsuit have the option of having twenty or thirty days to submit an Answer (although this deadline can be extended with the court's approval). When the Answer is filed, the case is moved to what is known as the discovery phase. In this period, both sides 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 is a legal declaration of claims 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 made, so that they can prepare for trial. The court must examine a Bill of Particulars before it can be complied with. Generally, the court will only abide by a Bill of Particulars that is not vague or overly broad. A Bill of Particulars must only include the specific acts of negligence that are being alleged and must not include 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 all references to intentional and willful actions from a medical malpractice claim. The court will not allow introduction of a new theory of recovery at an unreasonable late point in the action. In order to avoid resultant negative consequences, an amendment made late to the Bill of Particulars should only be allowed when supported by an affidavit that provides an adequate explanation for the lateness of the amendment. Physical Exam When a defense attorney or insurance company demands that you attend an Independent Medical Examination (IME) Your first reaction could be to wonder the reason a doctor who may not know you, your medical history, and the particulars of your incident is asked to conduct an exam. This type of examination is required under Washington law, can be beneficial to your case. IMEs are typically performed by doctors who are employed by the insurer of the defendant. They are there to provide an alternative view of your injuries. While they are sometimes called “independent,” these physicians as well as insurance companies – have their own agenda and financial stake in decreasing the amount of compensation that could 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 provide an IME doctor with a copy of all relevant medical records. Your lawyer will be present during the IME to ensure that the questions posed by the doctor are in accordance with your medical records. It is not advisable to downplay or exaggerate the severity of your injury to the doctors. They are trained to spot dishonesty, and could use this information at trial.