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What is a Personal Injury Lawsuit? You may be entitled to compensation if you were injured as a result of the actions or inactions of another person. Contact a knowledgeable personal injury lawyer to learn more about your rights. A personal injury lawsuit is a civil litigation where the plaintiff seeks compensation for their losses. This includes medical expenses, lost wages and property damage. The process can take anywhere from a few months to several years. Damages A personal injury lawsuit is a legal action that is used to force another person or entity to compensate you for damages resulting from an accident. The injured party is known as the plaintiff, while the parties responsible are referred to as defendants. When someone dies as a result of the negligence or wrongdoing by others In wrongful deaths, the case can be included in personal injury lawsuits. Damages are usually classified into two categories: compensatory and punitive. Compensation damages are based on medical bills as well as pain and suffering compensation, and other out-of-pocket expenses. Punitive damages, which are not common, are meant to punish the offender for committing extreme actions. This category covers all costs incurred as a result of the accident or injury. These could include doctor's bills as well as hospital expenses 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 described as “pain and suffering” damages. These damages are more difficult to quantify and include the emotional stress and mental anguish 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 capacity to continue enjoying the activities you were previously able to enjoy or the loss of your relationship with family members. Statute of Limitations A legal requirement known as the statute of limitations requires that anyone who is injured in an accident file an action before a specific date or their claim will be dismissed. This is to prevent evidence from being lost or forgotten, and to stop people from drag 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 limitation. However there are exceptions that could prolong the time that a victim must submit their claim. They should seek legal advice for help to determine if their case falls into one of the exceptions. One of the most important aspects of the statute of limitations is that it only applies to the filing of an action in a court. Many injury cases are resolved through the process of filing an insurance claim and do not require formal lawsuit filing. However, it is crucial to give yourself plenty of time to file a lawsuit in the event that negotiations don't follow the plan or an issue arises that can't be addressed by the insurance system. Certain circumstances can stop the clock on the statute of limitations, but these instances are rare and generally need to be analyzed on a case-by-case basis. For example, the statute of limitations might not begin to run until a victim discovered or ought to have realized that their injury was caused by a negligent actions, 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 filed by an injured party against the person or entity who caused the injury. The plaintiff claims that the defendant violated the duty of care, that the breach caused harm and loss to the plaintiff, and that the defendant is liable for those damages. The complaint is the initial document that you file in a personal injury case. It provides detailed details about the incident that caused your injuries, and the damages you are seeking. It also contains a “prayer for relief” that describes what you would like the court to do. The complaint and summons must be given to the defendant. After the complaint is filed, the defendant must submit an answer to the complaint within a specific 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 as 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 will also assist us in negotiate with the defense attorneys or insurance companies 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 suffered injuries in your accident and that your injuries are worthy of the amount of financial compensation. It's a long process, but it's at the trial that you'll find out if you be awarded the compensation you deserve. In a jury trial, your lawyer will argue that the defendant is responsible and has to pay for the losses you suffered. The defendant will provide evidence to show that their actions are not connected to the accident. This will stop them from settling your losses. Boca Raton injury attorney YouTube must attend a pre-trial conference prior to proceeding with the trial. This is the first time your case has deadlines set by a judge. It is also the time when your attorney will discuss the case with the defense. A judicial registrar, or an individual from the court staff, typically holds preliminary conferences. 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 unable to attend in person they are able to participate via telephone or on the internet with the approval of the convenor. If your case is to be a part of the Differentiated Case Management program, an initial conference can be a chance to determine whether your case falls within one of the three classifications – expedited, standard or complex. Bill of Particulars After the complaint and summons are filed, the defendants named in the lawsuit will have twenty to thirty days (although this deadline may be extended by the court). Once the Answer is filed, the matter moves into what is called the discovery phase. During this time both sides exchange information in the form of written demands for discovery and depositions. Following the conclusion of discovery the attorney representing the plaintiff drafts what is called a Bill of Particulars. 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 he or she is able to effectively prepare for trial. Before a Bill of Particulars can be followed, it must be reviewed by the court. Generally speaking, 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 claimed and not include any new claims. For example in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. 1994) the court granted the motion to strike references to intentional and willful actions from a medical malpractice claim. The court will also not allow a new doctrine to be added at a point in the action that is unreasonablely late. To avoid causing prejudice any late amendment to the Bill of Particulars must be supported by an affidavit which gives a reasonable explanation of the tardiness of the amendment. Physical Exam If a defense attorney or insurance company demands that you attend an Independent Medical Examination (IME), your natural first instinct could be to wonder why a doctor who does not know you, your medical history, and the details of your injury is asked to conduct an exam. However, this kind of exam is actually required under Washington law, and it could be beneficial to your case. Typically, IMEs are conducted by doctors medical who are hired by the insurance company of the defendant and their goal is to provide a different perspective on your injuries. These doctors, sometimes referred to as “independent” are able to have their own agendas and financial interests in reducing the amount of compensation that can be awarded to injured victims. If you decide to undergo an IME 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 a copy of all relevant 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. It is not advisable to downplay or exaggerate the severity of your injury to these doctors. They are trained to spot fraud, and may use this information at trial.