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14 Cartoons About Injury Lawsuit To Brighten Your Day What is a Personal Injury Lawsuit? You may be entitled to compensation if you have been injured due to 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 matter in which the plaintiff seeks money to cover their losses, such as medical bills, lost wages, property damage and other expenses. The process can last from a few months to several years. Damages A personal injury lawsuit is a legal proceeding to compel another person or entity to pay you compensation for the damage caused by an accident. The plaintiff is the victim and the defendants are responsible. Personal injury cases can also include wrongful death claims when someone dies because of the negligence or wrongdoing of others. The damages a victim suffers are usually divided into two categories that are punitive and compensatory. Compensatory damages are meant to make the victim whole for good, including out-of-pocket costs such as medical expenses as well as compensation for suffering and pain. Punitive damages are rare and are designed to punish the perpetrator for their extreme behavior. This category covers all expenses incurred as a result of the accident or injury. These could include hospital bills as well as doctor's fees and therapy costs. Some claims may also include additional costs, like the cost of travel to and from appointments, or home modifications to accommodate a permanent disability. Non-economic damage can also be described as "pain and suffer" damages. These damages are harder to quantify, and include the emotional stress and mental stress that an accident can cause. Depending on the severity of your injuries your lawyer will assist you to determine the value of the damages. This may be based on your ability to do things you did before or your loss in consortium with family. Statute of limitations A legal rule known as the statute of limitation stipulates that anyone injured in an accident must file a lawsuit before a certain date or else the claim will be dismissed. This is to safeguard evidence from being lost or forgotten, and to prevent people from dragging out litigation relating to incidents for an indefinite period. The exact time frame varies from state to state, but personal injury claims typically have a two- to four-year time limit. There are certain exceptions to the period for filing claims. If you need assistance to determine if your claim falls under one of these exceptions, then it is recommended that you seek legal advice. One of the most important aspects of the statute of limitations is that it is only applicable to the filing of an action in court. Insurance claims are often used to settle injury cases and do not require formal lawsuits. Even so, it is crucial to give yourself plenty of time to file a lawsuit in the event that negotiations do not go as planned or there is a problem that cannot be resolved through the insurance system. Certain circumstances may stop the clock on the statute of limitations, but they are not common and have to be evaluated on a case-by-case basis. For instance, the statute of limitations may not start running until a victim has discovered or should have reasonably discovered that their injury was caused by a negligence, and in some states, such as New York, the statute of limitations differs for claims against municipalities. Complaint A personal injury lawsuit is a civil action initiated by a victim against the person or entity that caused the injury. It claims that the defendant violated a duty of care, and that the breach caused harm and loss 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 detailed allegations about the incident that led to your injuries. accident injury law firm lists the damages you are seeking. It also includes an "prayer for relief" that describes what you want the court to do. The summons and complaint should be delivered to the defendant. The defendant must respond to the complaint within a set of deadlines and either admit or deny all allegations made in the complaint. The defendant can also bring a counterclaim against plaintiff or bring in a different defendant as third-party defendant. A successful personal injury lawsuit is built on solid evidence, including medical records and witness testimony. We work closely with our clients to gather all relevant information and then include it in the case. The evidence will also assist us negotiate with the attorney of the defendant or insurance companies to negotiate the most favorable settlement offer. Preliminary Conference In a personal injury case your lawyer must demonstrate that the negligence of the defendant led to your accident. You must be able to prove that you sustained injuries as a result of your accident, and that those injuries warrant financial compensation. This could be a long process however, the trial is where you'll be able to decide if you'll get the damages you deserve. 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 to prove that their actions are not connected to the accident. This will prevent them from paying you for your losses. You must attend a pre-trial discussion prior to proceeding with the trial. This is often the first time that your case will be subject to deadlines established by the Court itself. It is also the time when your attorney will discuss the case with the defense. A judicial registrar, also known as a member from the court staff, typically holds preliminary conferences. All participants must attend the preliminary conference in person unless the case is handled by the New York's Differentiated Case Management Rule or the Rules are exempted in other ways. If a party is not able to attend in person, the convenor is able to allow them to participate by phone or online. If your case is going to be a part of the Differentiated Case Management program, a preliminary conference will also be a chance to determine whether your case falls into one of the three classifications that are expedited, standard, or complex. Bill of Particulars After the summons and complaint have been filed, the defendants named in the lawsuit will have between twenty and thirty days (although this timeframe is able to be extended by the court). When the Answer is filed, the case is moved to what is called the discovery phase. In this phase the parties exchange information through written discovery demands and depositions. After the discovery process is concluded the attorney representing the plaintiff drafts what is known as a Bill of Particulars. This document provides the legal claims that are being made and the relief requested - typically an award of money damages. The Bill of Particulars is intended to inform the defendant notice of the specific legal claims being filed so that they can effectively prepare for trial. Before a Bill of Particulars can be followed, it has to be examined by the court. In general, courts will only accept a Bill of Particulars that is not vague or overly broad. A Bill of Particulars should be limited to the specific acts of negligence being claimed and should not contain new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ) for instance was a case where the court ruled that the plaintiff had not been negligent. In 1994, the court upheld the motion to strike out any references to willful or intentional acts in a medical malpractice case. The court will also not allow a new theory to be introduced at any stage in the litigation that is unreasonablely late. In order to avoid resultant negative consequences, an amendment made late to the Bill of Particulars should only be allowed when supported by an affidavit stating an adequate explanation for the lateness of the amendment. Physical Examination When a defense attorney or insurance company asks you to take part in an Independent Medical Examination (IME) the first reaction might be to ask why a doctor who does not know you, your medical history, and the specifics of your incident is required to conduct an examination. This type of exam is required under Washington law, can be beneficial to your case. IMEs are usually conducted by doctors employed by the insurance company of the defendant. Their goal is to offer a different perspective on your injuries. These doctors, who are often referred to as "independent", have their own agendas and financial interests in reducing the compensation that can be paid to victims. If you decide to go through an IME 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 copies of all relevant medical records to the doctor to review. Your lawyer will also be present at the IME and can ensure that you are being treated with respect and courtesy by ensuring that questions of the doctor do not diverge from those in your medical records. It is essential to not play with the severity of your injuries with the doctors, since they are trained to recognize fraud and could make use of this information against you at trial.