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What is a Personal Injury Lawsuit? You may be entitled to compensation if have suffered injuries due to the actions or inactions of another person. Contact a knowledgeable personal injury lawyer to learn more about your rights. A personal injury lawsuit is civil litigant 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 take anywhere from several months to several years. Damages A personal injury lawsuit is a process to force another person or entity to pay you money for damages related to an accident. The person who is injured is referred to as the plaintiff and the responsible parties are called defendants. Personal injury cases can include the wrongful death of a person who dies because of the negligence or wrongful actions of others. The damages of a victim are typically broken down into two groups: compensatory and punitive. Compensatory damages include medical bills, pain and suffering compensation, and other out of pocket expenses. Punitive damages are rare and designed to punish the wrongdoer for extreme conduct. This category covers all costs that result from the injury or accident. This could include hospital bills, doctor's fees and physical therapy costs. Some claims could also cover additional costs, like travel costs to and from appointments, or the need to modify your home to accommodate a permanent disability. Non-economic damages can also be called “pain and suffer” damages. These damages are harder to quantify and include the emotional stress and mental anguish that an accident can cause. Your lawyer will help you evaluate these damages based upon the extent of your injury. This could be based on your ability to continue enjoying the activities you previously enjoyed or your loss of consortium with family members. Statute of Limitations Under a legal rule called the statute of limitations, anyone who suffers an injury in an accident must file a lawsuit within a specific time period or the claim will be rejected by the courts. Clearwater injury lawyers is done to prevent evidence from being forgotten or lost, and also to stop those who delay bringing litigation related to an incident out for an indefinite period. The exact duration of the time limit varies from one state to another, but the majority of personal injury claims have a time frame of two to four years. There are some exceptions to the time limit for filing a claim. If you need help determining if your case falls within 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 is only applicable to the filing of an action in court. Insurance claims are usually used to resolve injuries and do not require formal lawsuits. Even so, it is important to leave yourself plenty of time to pursue legal action in the event that insurance negotiations do not follow the plan or an issue arises that can't be easily addressed through the insurance system. Certain circumstances can stop the clock on the statute of limitations, however they are not common and have to be evaluated on a case by case basis. The statute of limitations might not begin until the victim is aware or should have known that the injury was caused by someone else's negligence. In certain states, such as New York, it is different for claims that are made 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 violated a duty of care, that this 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 specific details about the incident that led to your injuries. It also lists the damages you seek. The complaint also includes an “prayer of relief” that outlines 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 specific time limits and either admit or deny all the allegations made in the complaint. The defendant can also file a counterclaim, or add another defendant to the case by naming third party defendant. A successful personal injury lawsuit is based on solid evidence, such as medical records 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 assist us in negotiate with defense attorneys or insurance agents to get the best possible settlement offer. Preliminary Conference In a personal-injury case your lawyer must show that negligence on the part of the defendant caused your accident. You must be able to prove that you sustained injuries due to your accident and that those injuries warrant financial compensation. It can be a lengthy procedure, but it's at the trial that you will be able to determine if you be awarded the compensation you are entitled to. In the trial before jurors your lawyer will argue for the defendant's liability and that they must pay for your losses. The defendant will provide evidence to show that their actions were not related to the accident. This will stop them from paying you for your losses. Before proceeding to trial you must attend a preliminary conference. This is the first time that your case is subject to deadlines set by a judge. This is also the time when your attorney will discuss the matter with the defense. Preliminary conferences are typically conducted by a judicial registrar or an individual from the court's staff. All participants must attend the preliminary conference in person unless the case has been handled by 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 to be part of the Differentiated Case Management program, an initial conference can provide an opportunity to determine whether your case falls under one of the three classifications – expedited, standard or complex. Bill of Particulars When a summons and complaint are filed, the defendants identified in the lawsuit are given the option of having twenty or thirty days to submit an Answer (although this deadline may be extended if the court gives consent). After the Answer is filed, the matter moves into the discovery phase. During this time, both sides exchange information in the form of written discovery demands and depositions. The plaintiff's lawyer prepares the Bill of Particulars at the end of the discovery. This document outlines the legal claims being made as well as 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 made, so that they can prepare effectively for trial. The court must look over a Bill of Particulars before it can be complied with. In general, a court will only be able to abide by the Bill of Particulars if it is not vague or broad. A Bill of Particulars should be limited to the specific acts of negligence being claimed and should not contain new claims. For example, in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. In 1994, the court upheld a motion to strike any references to willful or intentional acts in a medical malpractice case. The court will not allow a new theory to be added at a stage in the litigation that is unreasonable late. In order to avoid resultant prejudice, a belated amendment to a Bill of Particulars should only be permitted if supported by an affidavit that provides an acceptable explanation for the lateness of the amendment. Physical Examination It is possible to ask why a doctor who isn't familiar with you or your medical history and isn't familiar with the specifics of your accident, should be asked to conduct a medical examination. This type of examination is required under Washington law, could be beneficial to your case. IMEs are typically conducted by doctors hired by the insurer of the defendant. Their aim is to provide an alternative perspective on your injuries. Although they are often referred to as “independent,” these physicians – just like the insurance companies – have their own agenda and financial interest in decreasing the amount of compensation that could be granted to a victim who has been injured. If you decide to undergo an IME, your Orange County personal injury lawyer will make sure that you are well-informed about what to expect. They will provide the complete set of medical records to the doctor to examine. Your lawyer will also be present at the IME and can ensure that you are being treated in a fair manner by ensuring that the questions of the doctor do not diverge from the ones in your medical records. You should not downplay or exaggerate the severity of your injury to the doctors. They are trained to detect fraud, and may make use of this information in a trial.