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What is a Personal Injury Lawsuit? If you've been hurt through the actions or inactions, you could be entitled to compensation. Contact an experienced personal injury lawyer to learn more about your rights. A personal injury lawsuit is a civil matter where the plaintiff is seeking money to cover their losses, including medical bills, lost wages damages to property and other expenses. The process can take anywhere from a few months to several years. Damages A personal injury lawsuit is a legal proceeding to compel a person or entity to pay you compensation for the damages resulting from an accident. The person who is injured is referred to as the plaintiff, while the parties accountable are known as defendants. Personal injury cases can also include the wrongful death of a person who dies due to the negligence or wrongful actions of others. Damages are usually classified into two categories: compensatory and punitive. Compensatory damages are meant to help the victim get back on track and regain their financial security, which includes out-of-pocket expenses such as medical bills and compensation for pain and suffering. Punitive damages, which are not common and are intended to punish the offender for committing extreme crimes. This category covers all costs incurred as a result of the accident or injury. These could include hospital bills, doctor's fees and physical therapy costs. Certain claims could also include additional costs, like transportation costs to and from appointments, or the need to modify your home to accommodate a permanent disability. Non-economic damages are commonly described as “pain and suffering” damages. They are more difficult to quantify and involve the mental and emotional stress, anguish and suffering that an accident can cause. Based on the severity of your injuries your lawyer will assist you to determine the value of the damages. This could be based on your ability to enjoy activities you previously enjoyed or your loss of consortium with family members. Statute of limitations A legal requirement known as the statute of limitation obliges anyone injured in an accident file a lawsuit before a certain date or else the claim will be dismissed. This is to stop evidence from being forgotten or lost and to stop individuals from dragging litigation relating to incidents out for an indefinite period. Ogden injury lawyer varies from one state to another, but most personal injury claims have a time frame of between two and four years. However, there are exceptions that could prolong the time a victim has to submit their claim. They should seek legal advice for help determining whether or not their case falls within one of the exceptions. The statute of limitations is only applicable to lawsuits that are filed in the court. Many injury cases are resolved through the insurance claim process and do not require formal lawsuit filing. Even so, it is crucial to give yourself plenty of time to file a lawsuit just in case insurance negotiations don't follow the plan or an issue arises that can't be addressed by the insurance system. Certain circumstances may stop the clock of the statute of limitations, but these instances are rare and generally need to be analyzed on an individual case-by-case basis. The statute of limitations may not be established until the victim realizes or should have realized that the injury resulted from someone else's negligence. In some states, like New York, it is different for claims made against municipalities. Complaint A personal injury lawsuit is a civil case filed by an injured party against the person or entity that caused the injury. The plaintiff claims that the defendant breached the duty of care, that this breach caused harm and losses to the plaintiff, and that the defendant is accountable for the damages. The complaint is the first document that is filed in a personal injury case. It provides detailed details concerning the incident that led to your injuries, as well as the damages you are seeking. It also contains an “prayer for relief” that describes what you would like the court to do. The complaint must be served to the defendant with a summons, which is a notice that they are being sued. The defendant must respond to the complaint within a set of time limits and either admit or deny all allegations contained in the complaint. The defendant can also file a counterclaim against the plaintiff or introduce another defendant as a third-party defendant. A successful personal injury lawsuit depends on solid evidence, including medical documents and testimony from witnesses. We collaborate closely with our clients to ensure that all relevant information is gathered and included in the case. The evidence we gather will also help us to negotiate with the defendants' lawyers or insurance agents to negotiate the most favorable settlement offer. Preliminary Conference In a personal injury lawsuit, your attorney must prove 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 your injuries are a valid reason for financial compensation. This could be a long process however, the trial is when you will be able to determine if you'll get the damages you're entitled to. In the case of a trial before the jury, your lawyer will argue for the defendant's liability and that they must compensate you for your losses. The defendant will provide evidence that their actions do not contribute to the accident, which will prevent them from having to reimburse you for your losses. Before you can proceed to trial you must attend a preliminary conference. This is often the first time your case will be subject to deadlines that are set by the Court itself. It is also the time when your attorney will discuss the case with the defense. A judicial registrar, or an individual of the court staff typically holds preliminary conferences. All parties must attend the initial conference in person unless the case has been handled under New York's Differentiated Case Management Rule or the Rules are otherwise exempted. If a party is not able to attend in person, the convenor is able to permit them to attend via telephone or online. If your case is part of the Differentiated Case Management Program, a preliminary meeting is also 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 have been filed, defendants named in the lawsuit will have twenty to thirty days (although this deadline may be extended by the court). Once the Answer is filed, the case is moved to what is called the discovery phase. During this stage both parties exchange information via written demands for discovery and depositions. After the discovery process is concluded The attorney for the plaintiff prepares what is called a Bill of Particulars. The document details the legal claims that are being made 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. Before a Bill of Particulars can be followed, it must be scrutinized by the court. In general, a court will only be able to abide by a 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 asserted and must not include new claims. For example, in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. In 1994, the court upheld the motion to strike all the reference to willful or deliberate acts in a medical negligence case. The court will not permit the introduction of a new doctrine of recovery at an unreasonable late stage in the litigation. To avoid causing prejudice, a late amendment to the Bill of Particulars must be supported by an affidavit that provides a reasonable explanation for the lateness of this amendment. Physical Exam It is possible to ask why a doctor, who doesn't know you or your medical history and isn't familiar with the specifics of your incident, would be required to conduct a medical exam. However, this kind of examination is actually an obligation under Washington law and could be beneficial to your case. IMEs are usually performed by doctors who are employed by the defendant’s insurance company. They are there to provide an alternative perspective on your injuries. These doctors, sometimes called “independent”, have their own agendas and financial interests in reducing the amount of compensation which can be paid to victims. If you decide to undergo 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 be present during the IME to ensure that the questions asked by the doctor are consistent with your medical records. It is not advisable to downplay or exaggerate the severity of your injury to these doctors. They are trained to spot dishonesty, and could make use of this information in a trial.