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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. Contact a seasoned personal injury lawyer to find out more about your rights. A personal injury lawsuit is civil litigant in which the plaintiff seeks compensation for their losses. This includes medical bills as well as lost wages and property damage. The process can take several months to several years. Damages A personal injury lawsuit is a legal action that is used to force another individual or entity, to pay you for the damages that result from an accident. The person who is injured is referred to as the plaintiff and the parties responsible are referred to as defendants. Personal injury cases may include wrongful death claims when someone dies due to the inattention or negligence of others. The damages of a victim are typically divided into two categories: compensatory and punitive. Compensation damages are based on medical bills, pain and suffering compensation, and other out of pocket expenses. Punitive damages are not common and are intended to penalize the perpetrator for their extreme behavior. The first category of damages is usually called “economic damages.” This includes any out-of-pocket costs resulting from the accident or injury. These could include doctor's bills, hospital costs and physical therapy expenses. Some claims could also cover additional costs, like travel costs to and from appointments, or home modifications to accommodate a disability that is permanent. Non-economic losses are often called “pain and suffering” damages. These are more difficult to quantify and include the emotional distress, mental anguish and suffering that an accident can cause. Based on the severity of your injuries, your lawyer will assist you to determine the value of the damages. This may be based on your ability to carry out the things you did before or your loss in consortium with your family. Statute of Limitations A legal requirement known as the statute of limitation stipulates that anyone injured in an accident file an action before a specific date or else their claim will be dismissed. This is to prevent evidence from being lost or lost in the shuffle and to stop people from drag out litigation related to an incident for a long time. The exact time frame varies from state to state but personal injury claims typically have a two-to four-year limitation. There are certain exceptions to the period for filing claims. If you require assistance in determining whether your case falls under one of these exceptions, then it is recommended to seek legal advice. The statute of limitations applies only to lawsuits that are filed in court. Insurance claims are often used to resolve injuries and do not require formal lawsuits. It is nevertheless important to give yourself enough time to start a lawsuit in the event that negotiations with insurance aren't as smooth as you had hoped, or if there is a problem that cannot be resolved with insurance. A few circumstances can pause the clock of the statute of limitations however these cases are extremely rare and need to be evaluated on a case-by-case 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 some states, such as New York, it is different for claims against municipalities. Complaint A personal injury lawsuit is a civil suit initiated by a victim against the person or entity who caused the injury. It claims that the defendant breached their duty of care and this breach resulted in loss and harm to the plaintiff. The defendant is accountable for the damages. The first document you file with a personal injury lawsuit is called the complaint. It includes specific allegations regarding the incident that caused your injuries. It also lists the damages you're seeking. Denver injury lawyer YouTube includes a “prayer for relief” that describes what you want the court to do. The complaint must be served on the defendant, along with a summons that is a notice that they are being sued. The defendant must respond to the complaint within specific time frames and either accept or deny all the allegations in the complaint. The defendant may 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 collaborate closely with our clients to ensure that all relevant information is gathered and included in the case. The evidence we have will also help us to negotiate with defendants' attorneys or insurance companies to get the best possible 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 as a result of your accident, and that the injuries you sustained are worthy of financial compensation. It's not an easy procedure, but it's at the trial that you'll finally know if you will receive the damages you are entitled to. In a trial before the jury, your lawyer will argue the defendant's liability and that they must be held accountable for your losses. The defendant will argue that their actions are unrelated to the accident, which will keep them from having to reimburse you for your losses. Before you can proceed to trial, you must attend a preliminary conference. This is the first time that your case will be subject to deadlines imposed by a judge. It is also the time where your lawyer will discuss the case with the defense. Preliminary meetings are usually held by a judicial registrar, or someone on the court's staff. All parties 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, however, a person is unable to attend in person they are able to participate via phone or internet, with the consent of the convenor. If your case will be part of the Differentiated Case Management Program, a preliminary meeting is also an opportunity to determine whether your case falls within one of three categories: advanced standard or complex. Bill of Particulars After the complaint and summons have been filed, the defendants named in the lawsuit will be given twenty to thirty days (although this deadline can be extended by the court). After the Answer is filed, the case is moved to what is called the discovery phase. During this stage both parties exchange information via written demands for discovery and depositions. The lawyer for the plaintiff prepares the Bill of Particulars at the end of the discovery. This document provides the legal claims being made as well as the relief sought – usually the award of damages in cash. 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. The court must review a Bill of Particulars before it is allowed to be enforced. In general, a court will only accept the Bill of Particulars if it isn't vague or overly broad. A Bill of Particulars must only include the specific acts of neglect that are being asserted and must not include new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ) for instance was a case in which the court ruled that the plaintiff had not been negligent. 1994), the court sustained the motion to strike references to intentional and willful actions from a medical malpractice claim. The court will not allow the addition of a new theory of recovery at an unreasonably late point in the action. To avoid adverse consequences, a late amendment to a Bill of Particulars should only be allowed if accompanied by an affidavit stating an adequate explanation for the delay in the amendment. Physical Exam You may question why a doctor who doesn't know you or your medical history and is unfamiliar with the details of your accident, would be required to conduct a medical examination. This type of examination, which is required by Washington law, could be beneficial to your case. IMEs are typically conducted by doctors employed by the insurance company of the defendant. They are there to offer a different view of your injuries. Although they are often described as “independent,” these physicians, just like insurance companies have their own agendas and financial stake in reducing the amount of compensation that may be given to a victim of injury. Your Orange County personal injury attorney will ensure that you are aware of what to expect from an IME and will provide the doctor with a copy of all pertinent medical records. Your lawyer will also be present at the IME and can ensure that you are examined fairly by ensuring that the doctors questions do not deviate from those in your medical records. You should not downplay or exaggerate the severity of your injury to the doctors. They are trained to spot fraudulent behavior, and can use this information at trial.