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What is a Personal Injury Lawsuit? You may be entitled to compensation if were injured as a result of the actions or inactions of someone else. Contact a seasoned personal injury attorney to learn more about your rights. A personal injury lawsuit is a civil action where the plaintiff is seeking money to cover their losses, including medical bills, lost wages property damage and other expenses. The process can last from a few months to a few years. Damages A personal injury lawsuit is an action to compel another person or entity to pay you money for damages related to an accident. The plaintiff is the victim and the defendants are the parties responsible. If someone dies as the result of carelessness or infractions committed by others, wrongful death cases are often included in personal injury claims. A victim's damages are typically broken down into two groups which are: punitive and compensatory. Compensatory damages include medical bills, pain and suffering compensation and other out-of pocket expenses. Punitive damages, which are not common and are designed to punish the perpetrator if they have committed extreme acts. The first type of damages is typically called “economic damages.” This includes any out-of-pocket costs resulting from the accident or injury. These could include doctor's bills as well as hospital expenses and physical therapy expenses. In some instances, additional expenses like the cost of traveling to and from appointments, or modifications made to your home due to permanent disabilities could also be included in a claim. Non-economic damage can also be called “pain and suffer” damages. These damages are harder to quantify, and they include the emotional stress and mental stress caused by accidents. Your lawyer can help you determine the value of these damages based on the severity of your injuries. It could be based on your ability to enjoy activities you previously enjoyed or the loss of your relationship with family members. Statute of Limitations A legal requirement known as the statute of limitation stipulates that anyone injured in an accident should file a lawsuit before a certain date or else their claim will be dismissed. This is to stop evidence from being lost or lost and to stop individuals from dragging litigation relating to incidents out for a long time. The time frame for filing a claim varies from one state to another, but the majority of personal injury lawsuits have a limit of two to four years. However there are exceptions that can prolong the time a victim has to make a claim, and they should seek legal advice for help determining whether or not their case falls within one of these exceptions. The statute of limitations applies only to lawsuits that are filed in the court. Insurance claims are often used to resolve injuries and do not require formal lawsuits. It is important to allow yourself enough time to start a lawsuit in the event that insurance negotiations aren't as smooth as you had hoped, or if there is a problem that cannot be resolved with insurance. Some circumstances can pause the clock on the statute of limitations, but they are extremely rare and have to be assessed on a case-by case basis. The statute of limitations may not be established until the victim discovers or should have known that the injury was caused by another's negligence. In some states, like New York, it is different for claims made against municipalities. Complaint A personal injury lawsuit is brought by a victim against the person who caused the injury. The plaintiff claims that the defendant breached their duty of care and that this breach caused damage and losses for the plaintiff. The defendant is accountable for the damages. The first document filed in a personal injury lawsuit is referred to as the complaint. It contains specific details about the incident that caused your injuries. It also outlines the damages you're seeking. The complaint also contains an “prayer for relief” that outlines what you want the court to do. Hampton injury lawyer must be served on the defendant along with a summons, which is a notice that they are being sued. After the complaint is filed, the defendant has to submit an answer to the complaint within a specific time frame, and may either deny or admit the allegations in the complaint. The defendant can also file a counterclaim, or add another defendant to the case as a third party defendant. A successful personal injury lawsuit is built on solid evidence, which includes medical documents and witness testimony. We work 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 for the defendant or insurance representatives to get the best settlement offer possible. Preliminary Conference In a personal injury lawsuit your lawyer must demonstrate that the defendant's negligence caused your accident. You must be able to prove that you sustained injuries as a result of 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 receive the compensation you're entitled to. In the case of a trial before jurors, your lawyer will argue that the defendant is at responsibility and the need to be held accountable for your losses. The defendant will present evidence that their actions are unrelated to the accident, which will keep them from having to pay 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 is subject to deadlines set by a court. This is also the time when your lawyer will discuss the matter with the defense. A judicial registrar, or a member of the court staff typically holds preliminary conferences. All parties 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 exempted in other ways. If a person is unable 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 if your case falls within one of three categories: complicated or expedited standard. Bill of Particulars When a summons and complaint are filed, the defendant parties who are named in the lawsuit have either twenty or thirty days in which to respond (although this time frame can be extended with the court's consent). Once the Answer is filed, the case is moved to what is called the discovery phase. In this phase, both sides exchange information in the form of written discovery demands and depositions. After the discovery process is concluded, the plaintiff's attorney prepares what is called a Bill of Particulars. This document provides the legal claims being made as well as the relief sought – usually an award of money damages. 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. The court must review a Bill of Particulars before it can be complied with. In general, the court will only accept the Bill of Particulars if it is not vague or broad. A Bill of Particulars must only include the specific acts of neglect that are being alleged, and not add any new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ), for example was a case in which the court found that the plaintiff had not been negligent. In 1994, the court upheld the motion to strike out references to intentional or willful acts in a medical malpractice case. In the same way, the court will not allow the introduction of a new doctrine of recovery at an unreasonable late point in the action. To avoid causing prejudice, an amendment made late to the Bill of Particulars must be supported by an affidavit that provides a reasonable explanation for the tardiness of the amendment. Physical Exam If a defense attorney, or an insurance company requests that you take part in an Independent Medical Examination (IME) the first reaction could be to wonder the reason a doctor who may not know you and your medical history and the specifics of your incident is requested to conduct an exam. This type of exam is required under Washington law, could be beneficial to your case. IMEs are usually conducted by doctors hired by the insurance company of the defendant. Their goal is to provide an alternative view of your injuries. Although they are sometimes described as “independent,” these physicians as well as insurance companies have their own agendas and financial interest in decreasing the amount of compensation that may be given to a victim of injury. Your Orange County personal injury attorney will ensure that you are aware of what to expect from an IME and will give an IME doctor with a copy of all relevant medical records. Your lawyer will also be present at the IME and can ensure that you are examined fairly by ensuring that the doctors ' questions aren't divergent from the ones in your medical records. You should not downplay or exaggerate the severity of your injury to these doctors. They are trained to spot fraud, and may use this information at trial.