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What is a Personal Injury Lawsuit? If you've been injured by another person's actions or inactions, you may be able to recover compensation. 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 expenses or lost wages, as well as property damage. The process can run from several months to several years. Damages A personal injury lawsuit is a legal proceeding to compel a person or entity to pay you compensation for the damages resulting from an accident. The plaintiff is the victim and the defendants are accountable. Personal injury cases may include wrongful death claims when someone dies due to inattention or negligence of others. Damages are usually classified into two categories: punitive and compensatory. Compensation damages are designed to make the victim whole for good, including out-of-pocket costs such as medical bills as well as compensation for suffering and pain. Punitive damages are rare and designed to punish the offender for extreme behavior. This category covers all costs incurred as a result of the injury or accident. This could include hospital bills medical expenses, doctor's charges and physical therapy costs. In certain cases other expenses such as the cost of travelling to and from appointments or modifications to your home for permanent disabilities could be included in a claim. Non-economic damages can also be described as “pain and suffer” damages. These are more difficult to quantify and involve the emotional distress, mental anxiety and suffering caused by accidents. Your lawyer can help you evaluate these damages based upon the severity of your injury. This might be based on the ability to participate in activities that you were previously able to enjoy or the loss of your relationship with family members. Statute of Limitations A legal rule known as the statute of limitation obliges anyone injured in an accident should file a lawsuit before a certain date or else the claim will be dismissed. This is to protect evidence from being lost or forgotten, and to stop people from carrying out litigation related to an incident for a long time. The exact length of time for filing a claim differs from state to state, however, personal injury claims typically have a two- to four-year time limit. However there are exceptions that could extend the time required for a victim to file their claim and they should seek legal advice for help to determine if their case falls within one of the exceptions. The statute of limitations only applies to lawsuits that are filed in court. A majority of injuries cases are resolved through the insurance claim process and do not require a formal lawsuit filing. It is still important to give yourself enough time to bring a lawsuit in the event that insurance negotiations don't go as planned, or if a problem arises that is not resolved by insurance. A few circumstances can pause the clock of the statute of limitations however, these situations are rare and generally need to be analyzed on an individual case-by-case basis. The statute of limitations may not begin until the victim discovers or should have known that the injury resulted from someone else's negligence. In some states, such as New York, it is different for claims that are 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 harm and losses for the plaintiff. The defendant is accountable for the damages. The complaint is the primary document that is filed in a personal injury case. It provides detailed details concerning the incident that caused your injuries, as well as the damages you want. It also contains the “prayer for relief” that outlines what you would like the court to do. The complaint and summons must be handed over to the defendant. After the complaint is filed, the defendant has to submit an answer to the complaint within a specific time period, and they must either accept or deny the allegations made in the complaint. The defendant may also file a counterclaim against the plaintiff or introduce another defendant as third-party defendant. A successful personal injury lawsuit is based on solid evidence, such as medical documents and witness testimony. We work closely with our clients to gather the relevant information and incorporate it in the case. St. Joseph injury lawyers gather will also assist us in negotiate with the defendants' attorneys or insurance agents to get the best possible 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 you were injured in the accident and that the injuries are worth the amount of financial compensation. It can be a lengthy process, but the trial is when you'll be able to decide if you'll get the damages you're entitled to. In a trial before a jury the lawyer will argue for the defendant's liability and that they must compensate you for your losses. The defendant will provide evidence to show 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 the first time your case is subject to deadlines set by a judge. It is also the time when your lawyer will discuss the case with the defense. A judicial registrar, also known as an individual from the court staff, usually conducts preliminary conferences. All participants must attend the preliminary conference in person unless the case is handled in accordance with 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 may permit them to attend via telephone or online. If your case will be part of the Differentiated Case Management Program, the initial meeting provides an opportunity to determine whether your case falls within one of three categories namely complicated or expedited standard. Bill of Particulars After the complaint and summons are filed, the defendants named in the lawsuit will have between twenty and thirty days (although this time frame may be extended by the court). After the Answer is filed, the case is moved to what is called the discovery phase. During this phase both parties exchange information via written demands for discovery and depositions. At the conclusion of discovery, the plaintiff's attorney prepares what is known as a Bill of Particulars. This document outlines the legal claims being made and the relief sought, usually 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 accepted, it must be reviewed by the court. In general, courts will only abide by a Bill of Particulars that is not overbroad or vague. A Bill of Particulars should be limited to the specific acts of negligence being asserted and should not include new claims. For example in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. 1994), the court sustained the motion to strike all references to intentional and willful acts from a medical malpractice claim. The court will also not allow a new theory to be added at a point in the action that is unreasonablely late. To avoid prejudice, an amendment made late to a Bill of Particulars must be supported by an affidavit which gives a reasonable explanation of the delay of this amendment. Physical Exam When a defense attorney or insurance company requests that you attend an Independent Medical Examination (IME) the 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 asked to conduct an exam. However, this kind of examination is actually a requirement under Washington law and can be helpful to your case. IMEs are usually performed by doctors who are employed by the insurer of the defendant. They are there to offer a different perspective on your injuries. Although they are often called “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 granted to a victim who has been injured. If you decide to undergo an IME If you decide to undergo an IME, your Orange County personal injury lawyer will ensure that you are aware of what to expect. They will provide a copy of all relevant medical records for the doctor to look over. Your lawyer will be present during the IME to ensure that the questions asked by the doctor are consistent 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 spot the deceit and may use this information against you in trial.