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What is a Personal Injury Lawsuit? If you have been injured through the actions or inactions, you may be entitled to compensation. Contact a seasoned personal injury lawyer to learn more about your rights. A personal injury lawsuit is civil litigation in which the plaintiff seeks compensation for their losses. This includes medical expenses as well as lost wages and property damage. The process can take anywhere between a few months and several years. Damages A personal injury lawsuit is a legal action which is filed to force another person or entity, to pay you compensation for damages caused by an accident. The plaintiff is the one who was injured and the defendants are the parties responsible. Personal injury cases can include cases of wrongful death when someone dies due to inattention or negligence of others. Damages are usually classified into two categories: compensatory and punitive. Compensatory damages are meant to ensure that the victim is completely and regain their financial security, which includes out-of-pocket expenses like medical bills as well as compensation for suffering and pain. Punitive damages are rare and are designed to punish the perpetrator for their extreme behavior. The first type of damages is typically referred to as “economic damages.” This covers the cost of out-of-pocket expenses incurred due to the accident or injury. These could include hospital bills, doctor's fees and physical therapy costs. Some claims could also cover additional expenses, such as transportation costs to and from appointments, or the need to modify your home to accommodate a disability that is permanent. Non-economic damages are commonly called “pain and suffering” damages. These are more difficult to quantify and include the emotional distress, mental anguish and suffering that accidents can cause. Depending on the severity of your injuries, your lawyer will help you place a value on the damages. This could be based on the ability to do things you were previously able to do or your loss in consortium with family. Statute of limitations A legal rule known as the statute of limitations stipulates that anyone injured in an accident file a lawsuit before a certain date or else their claim will be dismissed. This is to protect evidence from being lost or lost in the shuffle and to prevent people from dragging out litigation relating to incidents for an indefinite period. The exact time frame is different from state to state however personal injury claims generally have a two-to four-year limit. There are some exceptions to the time period for filing a claim. If you need assistance 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 an action in a court. Many cases of injury are resolved through the insurance claim process and do not require formal lawsuit filing. But, it's crucial to give yourself enough time to pursue legal action in the event that negotiations do not take place as planned or if an issue arises that can't be addressed by the insurance system. Certain circumstances can stop the clock of the statute of limitations however these cases are very rare and have to be evaluated on an individual basis. The statute of limitations may not start until the person realizes or should have realized that the injury resulted from someone else's negligence. In certain states, like New York, it is different for claims that are made against municipalities. Complaint A personal injury lawsuit is brought by the victim against the person who caused the injury. It claims that the defendant violated their duty of care, and that this breach resulted in harm and losses for the plaintiff. The defendant is then held accountable for the losses. The complaint is the first document that you file in a personal injury case. It provides detailed details concerning the incident that caused your injuries and the damages you are seeking. The complaint also includes a “prayer of relief” that outlines what you would like the court to do. The summons and complaint should be delivered to the defendant. The defendant must respond to the complaint within specific time frames and either accept or deny all allegations in the complaint. The defendant can also file a counterclaim or add a third party defendant to the case by naming a third party defendant. A successful personal injury lawsuit depends on solid evidence such as medical documents and testimony from witnesses. We work closely with our clients to collect all relevant information and include it in the case. The evidence we gather can also assist us to negotiate with defense attorneys or insurance agents to negotiate the most favorable settlement offer. Preliminary Conference In a personal injury case your lawyer must demonstrate that the negligence of the defendant caused your accident. You must also prove that you suffered injuries from your accident, and that your injuries are a valid reason for financial compensation. It's not an easy procedure, but it's at the trial that you'll be able to determine if you get the compensation you are entitled to. In a jury trial, your lawyer will argue that the defendant is accountable and has to pay for the losses you suffered. The defendant will provide evidence to prove that their actions were unrelated to the accident. This will prevent them from settling your losses. You must attend a pre-trial discussion before you can proceed with the trial. This is often the first time that your case will be subject to deadlines set by the Court itself. This is also the time when your lawyer will discuss the issue with the defense. A judicial registrar, or an official from the court staff, usually conducts preliminary conferences. If the case is handled under the New York's Differentiated Case Management Rule, or if it is exempted from the Rules, all parties are required to be present in person. If Sandy Springs injury attorneys YouTube cannot attend in person, they are able to participate via phone or internet with the approval of the convenor. If your case is scheduled to be a 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 When a summons and complaint are filed, the defendant parties identified in the lawsuit are given the option of having twenty or thirty days to file an Answer (although this deadline can be extended if the court gives approval). After the Answer is filed, the case is moved into what is called the discovery phase. In this phase both parties exchange information via written demands for discovery and depositions. The lawyer for the plaintiff prepares a Bill of Particulars at the end of the discovery. The document details the legal claims that are being made and the relief requested – typically an award of money damages. The Bill of Particulars is meant to inform the defendant of the specific legal claims that are made to help them prepare for trial. The court must look over a Bill of Particulars before it can be complied with. Generally, the court will only accept a Bill of Particulars that is not vague or broad. A Bill of Particulars must only include the specific acts of neglect that are being alleged and not include any new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ), for example was a case where the court found that the plaintiff had not been negligent. In 1994, the court affirmed the motion to strike out any references to willful or intentional acts in a medical negligence case. The court will not allow introduction of a new doctrine of recovery at an unreasonable late stage in the litigation. 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 lateness of this amendment. Physical Exam If a defense attorney or insurance company asks you to attend an Independent Medical Examination (IME), your natural first instinct may be to question the reason a doctor who may not know you and your medical history and the particulars of your accident is being asked to conduct an exam. But, this type of exam is actually required under Washington law and can be helpful in your case. Typically, IMEs are conducted by doctors medical who are hired by the insurance company of the defendant and their aim is to offer a different view of your injuries. These physicians, who are sometimes referred to as “independent” and have their own agendas and financial stakes in reducing the compensation that is given to victims of injuries. Your Orange County personal injury attorney will make sure you know what to expect from an IME and will provide a copy to the doctor of all relevant medical records. 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 avoid playing around with the severity of your injuries to the doctors, since they are trained to recognize the deceit and may utilize this information against you in trial.