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What is a Personal Injury Lawsuit? You could 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 a civil dispute in which the plaintiff seeks compensation for their loss. This can include medical bills as well as lost wages and property damage. The process can last from a few months to a few years. Damages A personal injury lawsuit is a process to force another person or entity to pay you compensation for the damage caused by an accident. The plaintiff is the injured party, and the defendants are the ones responsible. When someone dies as a result of the negligence or wrongdoing by others the wrongful death case may be part of personal injury lawsuits. Damages are typically classified into two categories: punitive and compensatory. Compensation damages are designed to help the victim get back on track again, including out-of-pocket expenses like medical bills and compensation for pain and suffering. Punitive damages, which are rare, are meant to punish the offender if they have committed extreme crimes. The first type of damages is usually known as “economic damages.” This includes any out-of-pocket costs resulting from the accident or injury. These might include doctor's bills or hospital costs, as well as physical therapy costs. In some cases other expenses such as the cost of traveling to and from appointments or modifications made to your home to accommodate permanent disabilities can be included in a claim. Non-economic damages are also described as “pain and suffer” damages. These damages are harder to quantify, and they comprise the emotional distress and mental anguish that an accident can cause. Depending on the extent of your injuries, your lawyer can help you place a value on these damages. This may be based on your ability to do things you were previously able to do or your loss of consortium with your family. Statute of limitations A legal requirement known as the statute of limitation requires that anyone who is injured in an accident should file an action within a specified date or their claim will be dismissed. This is done to stop evidence from being lost or lost, and also to stop those who delay bringing litigation related to an incident out indefinitely. The exact length of time for filing a claim varies from state to state but personal injury claims typically have a two- to four-year time limit. There are some exceptions to the time limit for filing a claim. If you require assistance determining if your case falls under one of these exceptions, it is recommended that you seek legal advice. One of the most important aspects of the statute of limitations is that it is only applicable to the filing of a lawsuit in a court. Many injury cases are resolved through the process of filing an insurance claim and do not require a formal lawsuit filing. Even so, it is important to allow yourself plenty of time to file a lawsuit in the event that insurance negotiations fail to take place as planned or if an issue arises that cannot be addressed by the insurance system. Certain circumstances may stop the clock on the statute of limitations, but they are rare and need to be considered on a case-by-case basis. The statute of limitation may not begin until the victim realizes or should have realized that the injury was caused by another's negligence. In certain states, like New York, it is different for claims made against municipalities. Complaint A personal injury lawsuit is a civil case brought by an injured person against the person or entity that caused the injury. The plaintiff claims that the defendant violated a duty of care, and that this breach caused harm and loss to the plaintiff, and that the defendant should be held accountable for the losses. The first document filed in a personal injury lawsuit is referred to as the complaint, and it contains detailed allegations about the incident that led to your injuries. It also outlines the damages you are seeking. The complaint also contains the “prayer of relief” which outlines what you want the court to do. The complaint and summons must be handed over to the defendant. After the complaint is filed, the defendant is required to file an answer to the complaint within a specified timeframe, and will either admit or deny the allegations in the complaint. The defendant can also file a counterclaim or add a third party defendant to the case as a third party defendant. A successful personal injury lawsuit is based on solid evidence, including medical documents 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 assist us negotiate with the attorney of the defendant or insurance companies to negotiate the best settlement possible. Preliminary Conference In a personal injury case your lawyer must demonstrate that the defendant's negligence caused your accident. You must also prove that you suffered injuries in your accident and that your injuries are worth an amount of money. This could be a long process, but the trial is where you can finally determine whether you'll be awarded the damages you deserve. In the case of a trial before a jury your lawyer will argue for the defendant's responsibility and the need to pay for your losses. The defendant will present evidence that their actions are not related to the accident, which prevents them from having to compensate you for your losses. You must attend a pre-trial conference before you can proceed with the trial. This is the first time your case will be subject to deadlines imposed by a court. Round Rock injury lawyer is also the time that your attorney will discuss the case with the defense. Preliminary conferences are usually conducted by a judicial register or an individual from the court's staff. All parties must attend the preliminary conference in person unless the case is handled by New York's Differentiated Case Management Rule or the Rules are otherwise exempted. If a party is unable to attend in person, they can participate via telephone or on the internet with the approval of the convenor. If your case is going to be a part of the Differentiated Case Management program, an initial conference can be an opportunity to identify whether your case falls into one of the three classifications which are expedited, standard or complex. Bill of Particulars After the summons and complaint are filed, the defendants named in the lawsuit will have between twenty and thirty days (although this timeframe is able to be extended by the court). After the Answer has been filed, the matter moves into what is called the discovery phase. In this phase, both parties exchange information via written discovery demands and depositions. The lawyer of the plaintiff drafts a Bill of Particulars at the conclusion of the discovery. The document details legal 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, to help them prepare for trial. The court must examine a Bill of Particulars before it is able to be followed. Generally speaking, the court will only comply with a Bill of Particulars that is not vague or broad. A Bill of Particulars must only include the specific acts of neglect that are being alleged and must not include new claims. For example, in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. 1994), the court sustained the motion to strike all references to willful and intentional acts from a medical negligence claim. The court will also not allow a new theory to be added at an stage in the litigation that is unreasonablely late. To avoid causing prejudice, any late amendment to a Bill of Particulars must be supported by an affidavit that provides a reasonable explanation for the lateness of this amendment. Physical Examination When a defense attorney or insurance company asks you to take part in an Independent Medical Examination (IME) Your first reaction might be to ask the reason why a doctor who does not know you or your medical history and the particulars of your accident is being requested to conduct an exam. However, this kind of exam is actually an obligation under Washington law, and it could be beneficial to your case. IMEs are typically conducted by doctors hired by the defendant’s insurance company. They are there to provide an alternative perspective on your injuries. These doctors, sometimes referred to as “independent” and have their own goals and financial interests in reducing the amount of compensation that is given to victims of injuries. If you decide to go through an IME If you decide to undergo an IME, your Orange County personal injury lawyer will ensure that you are fully informed about what to expect and provide copies of all relevant medical records for the doctor to examine. Your lawyer will also be present at the IME and will ensure that you are being treated in a fair manner by ensuring that the doctors ' questions aren't divergent from the ones in your medical records. It is not advisable to downplay or exaggerate the severity of your injuries to these doctors. They are trained to spot fraudulent behavior, and can utilize this information in court.