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What is a Personal Injury Lawsuit? You could be entitled to compensation if you have been injured 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 dispute in which the plaintiff seeks compensation for their loss. This can include medical bills as well as lost wages and property damage. The process can last from a few months to several years. Damages A personal injury lawsuit is a legal action that is used to compel another person, or entity to pay you for damages resulting from an accident. The party who suffered the injury is known as the plaintiff while the parties responsible are referred to as defendants. If someone dies as the result of the negligence or wrongdoing by others the wrongful death case are often included in personal injury lawsuits. Damages are typically classified into two categories: compensatory and punitive. Compensation damages are based on medical bills as well as pain and suffering compensation, and other out of pocket expenses. Punitive damages, which are not common and are designed to punish the offender when they have committed a number of extreme acts. This category covers all costs incurred as a result of the injury or accident. These could include doctor's bills, hospital costs and physical therapy expenses. In some instances additional expenses, such as the cost of traveling to and from appointments, or modifications to your home to accommodate permanent disabilities may also be included in a claim. Non-economic damages are commonly called “pain and suffering” damages. These damages are harder to quantify, and they include the emotional distress and mental stress that an accident can cause. Depending on the severity of your injuries your lawyer will help you determine the value of the damages. It could be based on your ability to participate in activities that you used to do or the loss of your relationship with family members. Statute of limitations Under a legal rule called the statute of limitations, any person who suffers injury as a result of an accident must file a lawsuit within a certain time frame or their claim will be rejected by the courts. This is done to stop evidence from being forgotten or lost, and also to stop people from dragging incident-related litigation out for an indefinite period. The exact duration of time is different between states, however, personal injury claims typically have a two- to four-year limit. There are certain exceptions to the to file claims. If you need help to determine if your claim is one of these exceptions, then it is recommended that you seek legal advice. One of the main facets of the statute of limitations is that it only applies to the filing of a lawsuit in a court. Insurance claims are typically used to resolve injuries and do not require formal lawsuits. But, it's important to leave yourself plenty of time to pursue legal action in the event that insurance negotiations do not take place as planned or if an issue arises that can't be easily addressed through the insurance system. Some circumstances can pause the clock on the statute of limitations, but they are extremely rare and have to be considered on a case-by case basis. For instance the statute of limitations may not begin to run until a victim has discovered or ought to have realized that their injury was caused by someone else's negligent actions, and in some states, such as New York, the statute of limitations is different for claims against municipalities. Complaint A personal injury lawsuit is filed by the victim against the party 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 first document filed with a personal injury lawsuit is referred to as the complaint, and it contains specific details about the incident that led to your injuries and outlines the damages you're seeking. The complaint also contains an “prayer of relief” which outlines what you want the court to do. The complaint must be served to the defendant with a summons which is a notification that they are being sued. After the complaint is filed, the defendant is required to file an answer to the complaint within a specified time period, and they will either admit or deny the allegations in the complaint. The defendant may also bring a counterclaim against plaintiff or introduce another defendant as a third-party defendant. A successful personal injury lawsuit is built on solid evidence, including medical documents and witness testimony. We work closely together with our clients to gather all relevant information and include it in the case. The evidence we have will also help us to negotiate with the defendants' attorneys or insurance agents to negotiate the most favorable settlement offer. Preliminary Conference In a personal-injury lawsuit your lawyer must show that negligence on the part of the defendant led to your accident. You must also prove that you suffered injuries in your accident and that your injuries are worth financial compensation. It's not an easy process, but it's at the trial that you will find out if you be awarded the compensation you are entitled to. In a jury trial your lawyer will argue that the defendant is responsible and must pay you for the losses you suffered. The defendant will provide evidence that their actions are unrelated to the accident, which will keep them from having to compensate you for your losses. Before you can proceed to trial, you must attend a preliminary conference. This is the first time your case has deadlines set by a judge. This is also the time where your attorney will discuss the case with the defense. A judicial registrar, also known as an individual from the court staff, typically holds preliminary conferences. All parties must attend the preliminary 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. If a party cannot attend in person, they can participate via phone or internet, with the consent of the convenor. If your case will be part of the Differentiated Case Management Program, an initial meeting also provides an opportunity to determine if your case falls under one of three categories – expedited standard or complex. Bill of Particulars After the summons and complaint have been filed, defendants named in the lawsuit will have between twenty and thirty days (although this time frame can be extended by the court). After the Answer is filed, the matter moves into the discovery phase. During this phase, both parties exchange information through written demands for discovery and depositions. At the conclusion of discovery the attorney representing the plaintiff drafts what is known as a Bill of Particulars. The document details 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 effectively prepare for trial. The court must examine the 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 negligence that is being asserted and should not include new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ), for example was a case where the court ruled that the plaintiff was not negligent. 1994) The court ruled in favor of the motion to strike all references to willful and intentional acts from a medical malpractice claim. The court will also not permit a new theory to be introduced at any point in the case that is unreasonably late. 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 an adequate explanation for the delay in the amendment. Physical Examination If a defense attorney, or an insurance company requests that you take part in an Independent Medical Examination (IME), your natural first instinct could be to wonder why a doctor who does not know you, your medical history, and the particulars of your incident is requested to conduct an exam. This type of exam is required by Washington law, could be beneficial to your case. Typically, IMEs are conducted by medical doctors who are employed by the insurance company representing the defendant and their goal is to provide a different perspective to your injuries. Although they are often referred to as “independent,” these physicians, just like insurance companies – have their own agenda and financial motives in cutting down on the amount of compensation that could be granted to a victim who has been injured. If you decide to go through an IME the Orange County personal injury lawyer will ensure that you are aware of what to expect and will provide a copy of all relevant medical records for the doctor to look over. Charlotte injury attorney will be present during the IME to ensure that the questions posed by the doctor are in accordance with your medical records. It is crucial to not play with the severity of your injuries with these doctors, as they are trained to recognize fraud and could make use of this information against you at trial.