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What is a Personal Injury Lawsuit? If you've been injured through the actions or inactions, you may be able to recover compensation. Contact an experienced personal injury lawyer to find out more about your rights. A personal injury lawsuit is a civil litigation in which the plaintiff seeks compensation for their losses. This can include medical bills as well as lost wages and property damage. The process can take several months to several years. Damages A personal injury lawsuit is a legal process that is taken to force another individual or entity to compensate you for damages resulting from an accident. The plaintiff is the victim and the defendants are the ones responsible. Personal injury cases may include the wrongful death of a person who dies because of the inattention or negligence of others. Damages are typically classified into two categories: compensatory and punitive. Compensatory damages are intended to help the victim get back on track again, including out-of-pocket expenses such as medical bills and compensation for suffering and pain. Punitive damages are rare and designed to punish the wrongdoer for extreme conduct. This category covers all expenses caused by the accident or injury. These might include doctor's bills or hospital costs, as well as physical therapy costs. In certain cases other expenses such as the cost of travelling to and from appointments, or modifications made to your home for permanent disabilities could be included in a claim. Non-economic damage can also be called “pain and suffer” damages. These damages are more difficult to quantify, and they include the emotional stress and mental stress that an accident can cause. Your lawyer will help you value these damages based on the severity of your injury. Gulfport injury lawyers YouTube may be based on your ability to carry out the things you did before or your loss of consortium with family. Statute of limitations A legal principle known as the statute of limitation obliges anyone injured in an accident should file an action within a specified date or the claim will be dismissed. This is to prevent evidence from being lost or forgotten, and to stop people from carrying out incident-related litigation indefinitely. The exact duration of time varies from state to state, but personal injury claims typically have a two-to four-year time limit. There are certain exceptions to the time to file a claim. If you require assistance determining if your case falls under one of these exceptions, it is recommended to seek legal advice. The statute of limitations applies only to lawsuits filed in the court. Insurance claims are typically used to settle injury cases and do not require formal lawsuits. It is still important to allow yourself enough time to file a lawsuit in the event that negotiations with insurance don't go as planned, or if a problem arises that is not resolved by insurance. A few circumstances can pause the statute of limitations clock however, these situations are rare and generally need to be evaluated on an individual basis. For example the statute of limitations might not start to run until a victim has discovered or should have reasonably discovered that their injury was caused by someone else's 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 filed by a victim against the person who caused the injury. The plaintiff claims that the defendant breached a duty of care, that this breach caused harm and losses to the plaintiff, and that the defendant should be held accountable for the damages. The complaint is the primary document that is filed in a personal injury lawsuit. It provides detailed details regarding the incident that led to your injuries, and the damages you want. It also includes a “prayer for relief” which outlines what you want the court to do. The summons and complaint must be handed over to the defendant. After the complaint is filed, the defendant is required to respond to the complaint within a specific timeframe, and will either admit or deny the allegations made in the complaint. The defendant can also bring a counterclaim against plaintiff or bring in a different defendant as a third-party defendant. A successful personal injury lawsuit relies on solid evidence such as medical records and testimony from witnesses. We work closely with our clients to gather all relevant information and include it 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 case your lawyer must demonstrate that the defendant's negligence caused your accident. You must also prove that you were injured in the accident and that these injuries are worthy of the amount of financial compensation. It's not an easy process, but it is at the trial that you will be able to determine if you be awarded the compensation you deserve. In a trial before a jury, your lawyer will argue that the defendant is responsible and must pay you for the losses you suffered. The defendant will present evidence to prove that their actions are not connected to the accident. This will prevent them from paying you for your losses. Before you can proceed to trial, you must attend a preliminary conference. This is typically the first time your case will be subject to deadlines set by the Court itself. It is also the time that your lawyer will discuss the case with the defense. Preliminary conferences are usually conducted by a judicial register or a member of the court's staff. All parties must attend the initial conference in person, unless the case is handled by 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 can permit them to attend via phone or via the internet. If your case is going to be part of the Differentiated Case Management program, the preliminary conference will provide an opportunity to determine whether your case falls within one of the three classifications – expedited, standard or complex. Bill of Particulars After a summons or complaint are filed, the defendant parties identified in the lawsuit are given the option of having twenty or thirty days to respond (although this time frame can be extended with the court's consent). After the Answer is filed, the case is moved into the discovery phase. In this period the parties exchange information in the form of written discovery demands and depositions. The plaintiff's lawyer prepares a Bill of Particulars at the end of discovery. This document outlines legal claims and 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 prepare effectively for trial. The court must examine a Bill of Particulars before it is allowed to be enforced. In general, a court will only accept the Bill of Particulars if it isn't vague or overly broad. A Bill of Particulars must only include the specific acts of neglect that are being asserted and must not include new claims. For instance in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. 1994), the court sustained a motion to strike all references to willful and intentional acts from a medical negligence claim. The court will also not permit a new theory to be introduced at an point in the action that is unreasonablely late. To avoid causing prejudice an amendment made late to the Bill of Particulars must be supported by an affidavit, which gives a reasonable explanation for the tardiness of the amendment. Physical Examination If a defense attorney or insurance company asks you to attend an Independent Medical Examination (IME) Your first reaction may be to question the reason a doctor who may not know you or your medical history and the details of your incident is requested to conduct an exam. However, this kind of examination is actually an obligation under Washington law, and it could be beneficial to your case. Typically, IMEs are conducted by medical doctors who are employed by the insurance company of the defendant and their goal is to offer a different perspective to your injuries. These doctors, sometimes referred to as “independent” are able to have their own agendas and financial stakes in reducing the amount of compensation that is given to victims of injuries. If you decide to undergo an IME, your Orange County personal injury lawyer will make sure that you are fully informed about what to expect and provide the complete set of medical records for the doctor to examine. Your lawyer will also be present at the IME and can ensure that you are being examined in a fair manner by ensuring that the questions of the doctor do not diverge from those in your medical records. You should not downplay or exaggerate the severity of your injuries to the doctors. They are trained to spot fraud, and may make use of this information in a trial.