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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 another person. Contact a knowledgeable personal injury attorney to learn more about your rights. A personal injury lawsuit is civil litigant in which the plaintiff seeks compensation for their losses. This includes medical bills or lost wages, as well as property damage. The process can last between a few months and several years. Damages A personal injury lawsuit is an action to compel another person or entity to pay 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 can include cases of wrongful death when someone dies because of the negligence or wrongdoing of others. A victim's damages are typically broken down into two groups which are: punitive and compensatory. Compensation damages can include medical bills as well as pain and loss compensation, and other out-of-pocket expenses. Punitive damages are not common and are designed to punish the perpetrator for their extreme behavior. This category covers all expenses caused by the accident or injury. These may include hospital expenses, doctor's fees and physical therapy costs. In some instances additional expenses, such as the cost of traveling to and from appointments or modifications made to your home due to permanent disabilities may also be included in an insurance claim. Non-economic damages are also described as “pain and suffer” damages. These are more difficult to quantify and involve the mental and emotional stress, anxiety and suffering that an accident can cause. Your lawyer can help you evaluate these damages based upon the severity of your injury. This could be based on the ability to do things you were previously able to do or your loss of a relationship with family. Statute of Limitations Under a legal rule called the statute of limitations, any person who is injured in an accident must make a claim within a specific time period or else their claim will be dismissed by the courts. This is to prevent evidence from being lost or lost in the shuffle and to stop people from drag out incident-related litigation indefinitely. The exact length of time for filing a claim is different from state to state, but personal injury claims typically have a two-to four-year limitation. There are certain exceptions to the time limit for filing claims. If you need assistance determining if your case is one of these exceptions, it is recommended to seek legal advice. The statute of limitations only applies to lawsuits filed in court. Many cases of injury are resolved through the insurance claim process and do not require formal lawsuit filing. It is important to give yourself enough time to start a lawsuit in the event that negotiations with insurance aren't as smooth as you had hoped, or if a problem arises which cannot be resolved through insurance. Certain circumstances may stop the statute of limitations clock however these cases are very rare and have to be evaluated on a case-by-case basis. For example, the statute of limitations may not start to run until a victim discovered or reasonably should have discovered that their injuries were caused by someone else's negligent actions. In certain states, such as New York, the statute of limitations differs for claims against municipalities. Complaint A personal injury lawsuit is filed by the victim against the party who caused the injury. It alleges that the defendant violated the duty of care, that this breach caused harm and losses 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 includes specific allegations regarding the incident that led to your injuries. It also lists the damages you are seeking. The complaint also contains an “prayer of relief” that outlines what you would like the court to do. The summons and complaint must be handed over to the defendant. The defendant must respond to the complaint within certain time limits and either admit or deny all the allegations in the complaint. The defendant may also bring a counterclaim against plaintiff or bring in another defendant as a third-party defendant. A successful personal injury lawsuit relies 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 have will also assist us in negotiate with defense lawyers or insurance agents to obtain the best settlement offer. Preliminary Conference In a personal injury lawsuit 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 the injuries are worthy of an amount of money. It can be a lengthy process, but it's at the trial that you'll finally know if you will receive the damages you deserve. In a trial before a jury your lawyer will argue for the defendant's responsibility and they will argue that they have to compensate you for your losses. The defendant will provide evidence that their actions are not related to the accident, which prevents them from having to reimburse you for your losses. You must attend a pre-trial conference prior to proceeding with the trial. visit my home page is the first time your case is subject to deadlines set by a judge. This is also the time where your attorney will discuss the case with the defense. Preliminary meetings are usually held by a judicial register or an individual from the court's staff. Unless the case is being handled in accordance with the New York's Differentiated Case Management Rule, or is otherwise exempt from the Rules the parties are required to attend in person. If a party is unable to attend in person, the convenor can permit them to attend via phone or via the internet. If your case will be part of the Differentiated Case Management Program, a preliminary meeting is also an opportunity to determine whether your case falls within one of three categories: complicated or expedited standard. Bill of Particulars After the summons and complaint have been filed, the defendants named in the lawsuit will be given twenty to thirty days (although this time frame may be extended by the court). After the Answer has been filed, the case moves into the discovery phase. In this phase the parties exchange information in the form of written demands for discovery and depositions. After the discovery process is concluded, the plaintiff's attorney prepares what is called a Bill of Particulars. The document details legal claims and the relief sought – typically 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 look over a Bill of Particulars before it is allowed to be enforced. In general, the court will only accept the Bill of Particulars if it is not vague or overbroad. A Bill of Particulars should be limited to the specific acts of negligence claimed and should not add 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 negligence claim. In the same way, the court will not permit the introduction of a new theory of recovery at an unreasonably late point in the action. In order to avoid resultant adverse consequences, a late amendment to a Bill of Particulars should only be permitted if supported by an affidavit that provides a reasonable excuse for the delay in the amendment. Physical Exam You may question why a doctor, who isn't familiar with you or your medical history and isn't familiar with the details of your incident, would be asked to conduct a medical exam. This type of exam, which is required by Washington law, can be beneficial to your case. IMEs are usually conducted by doctors employed by the insurer of the defendant. Their aim is to offer a different perspective on your injuries. Although they are sometimes referred to as “independent,” these physicians – just like the insurance companies have their own agendas and financial stake in cutting down on the amount of compensation that may be awarded to an injured victim. Your Orange County personal injury attorney will ensure that you understand what you can expect from an IME and will give a copy to the doctor of the relevant medical records. Your lawyer will be present during the IME to ensure that the questions asked by the doctor are in line with your medical records. It is essential 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.