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What is a Personal Injury Lawsuit? If you have been injured due to another's actions or inactions, you could be entitled to compensation. Contact an experienced personal injury attorney to learn more about your rights. A personal injury lawsuit is a civil dispute where the plaintiff seeks compensation for their loss. This can include medical bills, lost wages and property damage. The process can take anywhere from a few months to several years. Damages A personal injury lawsuit is a process to compel a person or entity to pay you money for damages related to an accident. The party who suffered the injury is known as the plaintiff, while the responsible parties are called defendants. Personal injury cases may include the wrongful death of a person who dies due to negligence or wrongful actions of others. The damages of a victim are typically divided into two categories: compensatory and punitive. Compensation damages can include medical bills as well as pain and suffering compensation, and other out of pocket expenses. Punitive damages are rare and are designed to punish the offender for extreme behavior. This category covers all expenses that result from the accident or injury. These may include hospital expenses as well as doctor's fees and therapy costs. In certain cases additional expenses, such as the cost of travel to and from appointments, or changes to your home for permanent disabilities can be included in an insurance claim. Non-economic damages are commonly called “pain and suffering” damages. These are more difficult to quantify and are a result of the emotional distress, mental anxiety and suffering that an accident can cause. Your lawyer will help you determine the value of these damages based on the extent of your injury. This could be based on the ability to carry out the things you did before or your loss of consortium with your family. Statute of Limitations A legal requirement, known as the statute of limitations, anyone who is injured in an accident must file a lawsuit within a specific time period or the claim will be dismissed by the courts. This is to protect evidence from being lost or lost in the shuffle and to stop people from carrying out litigation related to an incident for a long time. The exact length of time for filing a claim varies from state to state, however, personal injury claims typically have a two-to four-year limitation. There are certain exceptions to the time period for filing a claim. If you require assistance to determine if your claim is one of these exceptions, it is recommended that you seek legal advice. The statute of limitations only applies to lawsuits filed in the court. Insurance claims are typically used to resolve injuries and do not require formal lawsuits. But, St. Joseph injury lawsuits www.youtube.com to give yourself plenty of time to take legal action just in case insurance negotiations do not take place as planned or if an issue arises that cannot be easily addressed through the insurance system. Some circumstances can pause the clock on the statute of limitations, however they are not common and have to be assessed on a case-by case basis. The statute of limitation may not start until the person realizes or should have realized that the injury was caused by someone else's negligence. In certain states, such as New York, it is different for claims that are made against municipalities. Complaint A personal injury lawsuit is brought by a victim against the person who caused the injury. It claims that the defendant breached their duty of care, and that this breach caused harm and losses for the plaintiff. The defendant is held accountable for the losses. The first document filed with a personal injury lawsuit is known as the complaint. It contains specific details about the incident that led to your injuries and outlines the damages you're seeking. The complaint also contains an “prayer for relief” which outlines what you would like the court to do. The complaint must be served to the defendant with a summons that is a notice that they are being sued. After the complaint is filed, the defendant must file an answer to the complaint within a certain time frame, and may either deny or admit the allegations in the complaint. The defendant can also file a counterclaim against the plaintiff or bring in another defendant as a third-party defendant. A successful personal injury lawsuit relies on solid evidence, including medical records and testimony from witnesses. We work closely together with our clients to gather the relevant information and incorporate it in the case. The evidence can also help us negotiate with the attorney for the defendant or insurance companies to negotiate the best settlement offer possible. 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 you were injured in your accident and that these injuries are worth the amount of financial compensation. This can be a long process, but the trial is where you will be able to determine if you'll be awarded the damages you're entitled to. In a jury trial, your lawyer will argue that the defendant is accountable and must pay you 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 meeting prior to proceeding with the trial. This is the first time your case will be subject to deadlines imposed by a judge. This is also the time when your lawyer will discuss the case with the defense. A judicial registrar, also known as a member of the court staff typically holds preliminary conferences. All participants must attend the preliminary conference in person unless the case has been handled in accordance with the New York's Differentiated Case Management Rule or the Rules are otherwise exempted. If a party is unable to attend in person, the convenor may permit them to participate via phone or via the internet. 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 under one of three categories namely expedited standard or complex. Bill of Particulars When a summons and complaint are filed, the defendant parties named in the lawsuit have the option of having twenty or thirty days to submit an Answer (although this time frame can be extended with the court's approval). After the Answer has been filed, the case is moved into what is called the discovery phase. During this stage the parties exchange information via written discovery demands and depositions. After the discovery process is concluded The attorney for the plaintiff prepares what is called a Bill of Particulars. This document provides the legal claims being made as well as the relief sought – usually the award of damages in cash. The Bill of Particulars is intended to put the defendant on notice of the specific legal claims being made, so that he or she can effectively prepare for trial. Before a Bill of Particulars can be followed, it has to be examined by the court. In general, a court will only abide by the Bill of Particulars if it is not vague or overbroad. 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 in which the court concluded that the plaintiff was not negligent. In 1994, the court affirmed the motion to strike all the reference to willful or deliberate actions in a medical malpractice case. In the same way, the court will not permit the introduction of a new theory of recovery at a disproportionately late stage in the litigation. To avoid causing prejudice a late amendment to the Bill of Particulars must be supported by an affidavit that gives 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 natural first instinct may be to question why a doctor who does not know you and your medical history and the particulars of your injury is asked to conduct an exam. This type of examination is required under Washington law, could be beneficial to your case. IMEs are typically performed by doctors who are employed by the insurance company of the defendant. Their goal is to offer a different perspective on your injuries. These doctors, who are sometimes referred to as “independent”, have their own agendas and financial stakes in reducing the compensation that is paid to victims. Your Orange County personal injury attorney will ensure that you are aware of what you can expect from an IME and will give an IME doctor with a copy of the relevant medical records. Your lawyer will also be present at the IME and can ensure that you are being examined fairly by ensuring that the doctors ' questions aren't divergent from the ones in your medical records. Do not underplay or exaggerate the severity of your injuries to these doctors. They are trained to spot fraud, and may utilize this information in court.