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What is a Personal Injury Lawsuit? You may be eligible for compensation if you have suffered injuries due to the actions or inactions of another person. To find out more about your legal rights to pursue compensation, consult a knowledgeable personal injury lawyer. A personal injury lawsuit is a civil dispute in which the plaintiff seeks money to compensate for their losses, which include medical bills, lost wages, property damage, and other costs. The process can take several months to a few years. Damages A personal injury lawsuit is an action to compel a person or entity to pay you compensation for the damage caused by an accident. The plaintiff is the one who was injured and the defendants are the ones responsible. If someone dies as a result of inattention or negligence of others, wrongful death cases can be included in personal injury lawsuits. The damages of a victim are typically broken down into two groups: compensatory and punitive. Compensatory damages are intended to ensure that the victim is completely for good, including out-of-pocket costs like medical bills and compensation for suffering and pain. Punitive damages, which are very rare and are intended to punish the perpetrator when they have committed a number of extreme acts. The first type of damages is often known as “economic damages.” This covers the cost of out-of-pocket expenses incurred due to the accident or injury. This could include doctor's fees as well as hospital expenses and physical therapy costs. In certain cases, additional expenses like the cost of travelling to and from appointments or modifications made to your home for permanent disabilities could also be included in a claim. Non-economic damages are often referred to as “pain and suffering” damages. These damages are difficult to quantify and comprise the emotional distress and mental stress caused by accidents. Detroit injury lawyers You Tube will assist you to determine the value of these damages based on the severity of your injuries. This could be based on the ability to do things you were previously able to do or your loss in consortium with your family. Statute of limitations In a legal rule known as the statute of limitations, anyone who suffers injury as a result of an accident must bring a lawsuit within a specified time or the claim will be dismissed by the courts. This is to prevent evidence from being lost or forgotten and to stop people from drag out incident-related litigation indefinitely. The exact length of time for filing a claim differs between states, however personal injury claims generally have a two-to four-year limitation. There are certain exceptions to the limit for filing a claim. If you require assistance to determine if your claim falls within one of these exceptions, then it is best to seek legal advice. A key aspect of the statute of limitations is that it only applies to the filing of a lawsuit in court. Insurance claims are often used to settle injury cases 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 negotiations don't take place as planned or if an issue arises that cannot be resolved through the insurance system. Some circumstances can pause the clock on the statute of limitations, but they are not common and have to be considered on a case by case basis. For example the statute of limitations might not start to run until a victim has discovered or reasonably should have discovered that their injuries were caused by someone else's negligence, and in certain states, like New York, the statute of limitations is different for claims against municipalities. Complaint A personal injury lawsuit is a civil case initiated by a victim against the person or entity that caused the injury. It claims that the defendant breached a duty of care, that this breach caused harm and loss to the plaintiff and that the defendant is accountable for the damages. The complaint is the first document that you file in a personal injury lawsuit. It includes specific allegations regarding the incident that led to your injuries as well as the damages you want. The complaint also includes the “prayer of relief” that outlines what you would like the court to do. The summons and complaint must be given to the defendant. After the complaint is filed, the defendant must file an answer to the complaint within a certain time period, and they must either accept or deny the allegations in the complaint. The defendant can also file a counterclaim or add a third party defendant to the case by naming third party defendant. A successful personal injury lawsuit relies on solid evidence including medical documents and testimony from witnesses. We collaborate closely with our clients to ensure that all relevant information is collected and included 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 lawsuit the lawyer for you must prove 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 these injuries are worth an amount of money. This could be a long process, but the trial is when you can finally determine whether you'll get the damages you're entitled to. In a jury trial your lawyer will argue that the defendant is liable and has to pay for your losses. The defendant will provide evidence to show that their actions were unrelated to the accident. This will stop them from settling your losses. You must attend a pre-trial conference before proceeding with the trial. This is often the first time that your case will be subject to deadlines set by the Court itself. It is also the time when your attorney will discuss the case with the defense. Preliminary meetings are usually held by a judicial registrar, or a member of the court's staff. Unless the case is being handled under New York's Differentiated Case Management Rule, or is otherwise exempt from the Rules, all parties are required to attend in person. If a party is not able to attend in person, the convenor may permit them to attend via phone or online. If your case is scheduled to be a part of the Differentiated Case Management program, a preliminary conference will also be an opportunity to identify whether your case falls under one of the three classifications which are expedited, standard or complex. Bill of Particulars When a summons and complaint are filed, the defendant parties named in the lawsuit have twenty or thirty days to file an Answer (although this deadline can be extended with the court's permission). Once the Answer is filed, the case enters what is called the discovery phase. In this period both sides exchange information in the form of written discovery demands and depositions. Following the conclusion of discovery the attorney representing the plaintiff drafts what is known as a Bill of Particulars. This document outlines legal claims and the relief sought – typically 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 he or she can effectively prepare for trial. The court must examine the Bill of Particulars before it is able to be followed. In general, courts will only abide by a Bill of Particulars that is not vague or broad. A Bill of Particulars should be limited to the specific negligence that is 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 concluded that the plaintiff had not been negligent. 1994), the court sustained the motion to strike all references to willful and intentional acts from a medical malpractice claim. The court will not allow a new doctrine to be introduced at an point in the action that is unreasonablely late. In order to avoid resultant negative consequences, an amendment made late to a Bill of Particulars should only be allowed when supported by an affidavit stating a reasonable excuse for the delay in the amendment. Physical Examination If a defense attorney or insurance company requests that you take part in an Independent Medical Examination (IME) the first reaction could be to wonder the reason a doctor who may not know you or your medical history and the particulars of your incident is asked to conduct an exam. This type of exam is required under Washington law, can be beneficial to your case. IMEs are typically conducted by doctors employed by the insurance company of the defendant. Their aim is to provide an alternative perspective on your injuries. While they are sometimes called “independent,” these physicians as well as insurance companies – have their own agenda and financial motives in reducing the amount of compensation that can be awarded to an injured victim. If you choose to undergo an IME, your Orange County personal injury lawyer will ensure that you are aware of what to expect and will provide the complete set of medical records to the doctor to review. Your lawyer will be present during the IME to ensure that the questions asked by the doctor are in accordance with your medical records. Do not underplay or exaggerate the severity of your injuries to the doctors. They are trained to detect fraud, and may make use of this information in a trial.