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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, contact an experienced personal injury lawyer. A personal injury lawsuit is civil litigant where the plaintiff seeks compensation for their loss. This can include medical bills or lost wages, as well as property damage. The process can take anywhere from several months to a few years. Damages A personal injury lawsuit is a process to force another person or entity to pay money for damages related to an accident. The party who suffered the injury is known as the plaintiff and the parties responsible are referred to as defendants. When someone dies as a result of negligence or wrongdoing by others, wrongful death cases are often included in personal injury claims. Damages are usually divided into two categories: 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 designed to punish the perpetrator for their extreme behavior. This category includes all expenses that result from the injury or accident. This could include hospital bills as well as doctor's fees and therapy costs. In some instances other expenses such as the cost of traveling to and from appointments or modifications made to your home for permanent disabilities may be included in the claim. Non-economic damages are commonly called “pain and suffering” damages. These damages are harder to quantify, and comprise the emotional distress and mental stress that accidents can cause. Based 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 carry out the things you were previously able to do or your loss of a relationship with family. Statute of Limitations A legal principle known as the statute of limitation requires that anyone who is injured in an accident file an action within a specified date or their claim will be dismissed. This is to stop evidence from being lost or lost and to stop those who delay bringing litigation related to an incident out for an indefinite period. The exact length of time for filing a claim varies between states, however, personal injury claims typically have a two-to four-year limitation. There are some exceptions to the time limit for filing claims. If you need assistance determining if your case falls under one of these exceptions, it is best to seek legal advice. A key aspect of the statute of limitations is that it only applies to the filing of an action in a court. Avondale injury lawyers YouTube are typically used to settle injury cases and do not require formal lawsuits. However, it is important to leave yourself plenty of time to file a lawsuit just in case insurance negotiations do not follow the plan or there is a problem that cannot be easily addressed through the insurance system. Certain circumstances may stop the statute of limitations clock, but these instances are very rare and have to be analyzed on an individual case-by-case basis. For example the statute of limitations may not start to run until a victim has 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 case brought by an injured person against the person or entity who 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 damages. The first document filed in a personal injury lawsuit is known as the complaint. It contains specific details about the incident that caused your injuries. It also lists the damages you seek. The complaint also contains an “prayer for relief” which outlines what you want the court to do. The summons and complaint should be delivered to the defendant. The defendant must respond to the complaint within specific time limits and either admit or deny all allegations in the complaint. The defendant may also file a counterclaim, or add another defendant to the case by naming a third party defendant. A successful personal injury lawsuit is based on solid evidence, including medical records and witness testimony. We collaborate closely with our clients to ensure that all relevant information is gathered and included in the case. The evidence will also help us negotiate with the attorney of the defendant or insurance representatives to get the best settlement offer possible. Preliminary Conference In a personal injury case the attorney for you must prove that the defendant's negligence caused your accident. You must also prove you suffered injuries in your accident and that your injuries are worth the amount of financial compensation. It can be a lengthy procedure, but it's at the trial that you'll find out if you receive the damages you are entitled to. In a trial before jurors your lawyer will argue for the defendant's responsibility and the need to compensate you for your losses. The defendant will present evidence that their actions do not contribute to the accident, which prevents them from having to compensate you for your losses. You must attend a pre-trial discussion prior to proceeding with the trial. This is often the first time your case will be subject to deadlines established by the Court itself. This is also the time when your attorney will be discussing the case with the defense. A judicial registrar, or a member of the court's staff, typically conducts preliminary conferences. All parties must attend the initial conference in person unless the case is handled in accordance with the New York's Differentiated Case Management Rule or the Rules are exempted in other ways. However, if a party is unable to attend in person, they can take part via phone or online, with the consent of the convenor. If your case is part of the Differentiated Case Management Program, a preliminary meeting is also an opportunity to determine whether your case falls under one of three categories: expedited standard or complex. Bill of Particulars When a summons and complaint are filed, the defendants named in the lawsuit have twenty or thirty days to submit an Answer (although this deadline can be extended with the court's consent). When the Answer is filed, the case is moved to what is called the discovery phase. In this stage, both parties exchange information via written demands for discovery and depositions. The lawyer of the plaintiff drafts the Bill of Particulars at the end of discovery. The document is a legal declaration of 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 that are made so that they can prepare for trial. Before a Bill of Particulars can be followed, it must be reviewed by the court. Generally, the court will only abide by a Bill of Particulars that is not vague or broad. A Bill of Particulars must only include the specific acts of negligence that are being claimed and not include any new claims. For instance in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. 1994) the court granted a motion to strike all references to willful and intentional acts from a medical malpractice claim. The court will not allow a new doctrine to be added at a stage in the litigation that is unreasonablely late. In order to avoid resultant adverse consequences, a late amendment to a Bill of Particulars should only be allowed when supported by an affidavit stating an acceptable explanation for the delay in the amendment. Physical Exam You might be wondering why a doctor, who isn't familiar with you or your medical history, and isn't familiar with the details of your accident, should be asked to conduct a medical exam. However, this type of examination is actually required under Washington law and can be helpful to your case. IMEs are typically conducted by doctors employed by the insurer of the defendant. Their goal is to provide an alternative perspective on your injuries. These doctors, sometimes called “independent”, have their own agendas and financial stakes in reducing the amount of compensation which is given to victims of injuries. Your Orange County personal injury attorney will make sure you know what you can expect from an IME and will provide a copy to the doctor of the relevant medical records. Your lawyer will be present during the IME to ensure that the questions posed by the doctor are consistent with your medical records. It is crucial to not play up or down the severity of your injuries with these doctors, as they are trained to recognize fraud and could use this information against you at trial.