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What is a Personal Injury Lawsuit? If you've been hurt due to another's actions or inactions, you could be able to recover compensation. Contact an experienced personal injury lawyer to find out more about your rights. A personal injury lawsuit is a civil litigant in which the plaintiff seeks compensation for their loss. This includes medical bills, lost wages and property damage. The process can last from a few months to several years. Damages A personal injury lawsuit is a legal proceeding to compel a person or entity to pay compensation for the damages resulting from an accident. The plaintiff is the injured party and the defendants are the ones responsible. Personal injury cases can also include cases of wrongful death when someone dies due to the negligence or wrongdoing of others. Damages are usually divided into two categories: punitive and compensatory. Compensation damages can include medical bills as well as pain and suffering compensation and other out-of pocket expenses. Punitive damages are uncommon and are intended to penalize the offender for extreme behavior. This category covers all expenses caused by the injury or accident. These could include doctor's bills or hospital costs, as well as physical therapy expenses. In some instances other expenses such as the cost of travelling to and from appointments or modifications made to your home to accommodate permanent disabilities may be included in the claim. Non-economic damages are often called “pain and suffering” damages. These damages are harder to quantify, and they comprise the emotional distress and mental stress that an accident can cause. Your lawyer will help you determine the value of these damages based on the extent of your injury. This could be based on your ability to continue enjoying the activities you were previously able to enjoy or your loss of connection with family members. Statute of limitations A legal principle known as the statute of limitation obliges anyone injured in an accident should file an action before a specific date or their claim will be dismissed. This is to safeguard 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 is different between states, however, personal injury claims typically have a two- to four-year time limit. There are some exceptions to the time to file claims. If you require assistance in determining whether your case falls under one of these exceptions, then it is best to seek legal advice. The statute of limitations applies only to lawsuits filed in court. Many injury cases are resolved through the process of claiming insurance and do not require a formal lawsuit filing. It is still essential to allow yourself sufficient time to bring a lawsuit in the event that negotiations with insurance don't go as planned, or if a problem arises which cannot be resolved through insurance. 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 instance, the statute of limitations may not begin to run until a victim discovered or should have reasonably discovered that their injury was caused by a negligence, and in certain states, like New York, the statute of limitations differs 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 alleges that the defendant breached a duty of care, that the breach caused harm and losses to the plaintiff and that the defendant should be held accountable for the losses. The first document you file with a personal injury lawsuit is referred to as the complaint, and it contains specific details about the incident that caused your injuries and outlines the damages you're seeking. The complaint also contains the “prayer of relief” which outlines what you want the court to do. The complaint and summons must be delivered to the defendant. After the complaint is filed, the defendant is required to file an answer to the complaint within a certain time frame, and may either deny or admit the allegations made in the complaint. The defendant may also make a counterclaim against the plaintiff or bring in a different defendant as third-party defendant. A successful personal injury lawsuit depends on solid evidence including medical records and testimony from witnesses. We work closely with our clients to ensure that all relevant information is collected and included in the case. The evidence will also help us negotiate with the defendant's attorneys or insurance agents to obtain the best settlement offer possible. Preliminary Conference In a personal-injury lawsuit, your lawyer must prove that negligence on the part of the defendant led to your accident. You must also prove you were injured in the accident and that your injuries are worth an amount of money. It can be a lengthy process however, the trial is when you will be able to determine if you'll receive the compensation you're entitled to. In a jury trial, your lawyer will argue that the defendant is liable and has to pay for the losses you suffered. The defendant will argue that their actions are unrelated to the accident, which will keep them from having to compensate you for your losses. You must attend a pre-trial meeting before proceeding with the trial. This is typically the first time that your case will have deadlines that are set by the Court itself. This is also when your lawyer will discuss the case with the defense. Preliminary meetings are usually held by a judicial registrar or a member of the court's staff. All parties must attend the initial conference in person, unless the case is handled by the New York's Differentiated Case Management Rule or the Rules are otherwise exempted. 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 part of the Differentiated Case Management Program, the initial meeting provides an opportunity to determine whether your case falls into one of three categories – advanced standard or complex. Bill of Particulars After a complaint and summons 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 can be extended with the court's permission). After the Answer is filed, the case moves into what is known as the discovery phase. During this stage both parties exchange information via written discovery demands and depositions. Following the conclusion of discovery The attorney for the plaintiff prepares what is known as a Bill of Particulars. This document outlines the legal claims being made and the relief requested – typically the award of damages in cash. The Bill of Particulars is meant to inform the defendant of the specific legal claims that are made so that they can prepare for trial. Before a Bill of Particulars can be accepted, it must be examined by the court. In general, courts will only comply with a Bill of Particulars that is not overbroad or vague. 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 upheld the motion to strike all any references to willful or intentional actions in a medical malpractice case. The court will also not allow a new doctrine to be added at any point in the case that is unreasonablely late. To avoid adverse consequences, a late amendment to a Bill of Particulars should only be allowed when supported by an affidavit offering an adequate explanation for the lateness of the amendment. Physical Exam When a defense attorney or insurance company demands that you attend an Independent Medical Examination (IME), your natural first instinct might be to ask the reason a doctor who may not know you and your medical history and the specifics of your incident is requested to conduct an exam. However, this kind of exam is actually an obligation under Washington law, and it can be helpful in your case. Typically, IMEs are conducted by doctors medical who are hired by the insurance company representing the defendant and aim to provide a different perspective on your injuries. These physicians, who are sometimes called “independent” are able to have their own goals and financial interests in reducing the amount of compensation which is awarded to injured victims. If Clearwater injury lawsuit decide to undergo 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 will provide a copy of all relevant medical records to the doctor to look over. Your lawyer will be present during the IME to ensure that the questions asked by the doctor are in line with your medical records. It is important to not play with the extent of your injuries with these doctors, as they are trained to recognize dishonesty and may utilize this information against you at trial.