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What is a Personal Injury Lawsuit? If you've been injured through the actions or inactions, you may be entitled to compensation. To find out more about your legal rights to pursue compensation, consult a knowledgeable personal injury lawyer. A personal injury lawsuit is civil dispute in which the plaintiff seeks compensation for their loss. This includes medical expenses as well as lost wages and property damage. The process can take anywhere from several months to several years. Damages A personal injury lawsuit is a process 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 responsible. Personal injury cases can also include wrongful death claims when someone dies because of the negligence or wrongful actions of others. The damages of a victim are typically broken down into two groups which are: punitive and compensatory. Compensatory damages include medical bills, pain and suffering compensation, and other out of pocket expenses. Punitive damages, which are not common and are designed to punish the offender for committing extreme actions. This category covers all costs caused by the accident or injury. These could include hospital bills medical expenses, doctor's charges and physical therapy costs. In certain cases other expenses such as the cost of traveling to and from appointments or modifications made to your home for permanent disabilities can be included in an insurance claim. Non-economic damages can also be referred to by the term “pain and suffer” damages. These damages are harder to quantify, and include the emotional distress and mental stress that an accident can cause. Depending on the severity of your injuries, your lawyer will help you estimate the value of these damages. This could be based on the capacity to perform the things you did before or your loss in consortium with your family. Statute of limitations In a legal rule known as the statute of limitations, any person who suffers injury as a result of an accident must bring a lawsuit within a specific time period or the claim will be rejected by the courts. This is to stop evidence from being lost or lost, and also to stop those who delay bringing litigation related to an incident out for a long time. The time frame for filing a claim varies from one state to another, but most personal injury lawsuits have a time frame of between two and four years. However there are exceptions that could prolong the time that a victim must submit their claim. They should seek legal advice for assistance in to determine if their case falls within one of these exceptions. The statute of limitations only applies to lawsuits that are filed in court. Insurance claims are typically used to resolve injury cases and do not require formal lawsuits. But, it's important to leave yourself plenty of time to pursue legal action in the event that negotiations don't go as planned or an issue arises that cannot be resolved through the insurance system. A few circumstances can pause the clock on the statute of limitations however, these situations are very rare and have to be analyzed on a case-by-case basis. For instance the statute of limitations might not start to run until the victim discovers or reasonably should have discovered that their injuries were caused by someone else's negligent actions, and in some states, such as New York, the statute of limitations differs for claims against municipalities. Complaint A personal injury lawsuit is brought by the victim against the person who caused the injury. It claims that the defendant breached a duty of care, and that the breach caused harm and losses to the plaintiff and that the defendant should be held accountable for the damages. The first document filed in a personal injury lawsuit is referred to as the complaint, and it includes specific allegations regarding the incident that led to your injuries and outlines the damages you're seeking. The complaint also contains an “prayer of relief” which outlines what you want the court to do. The summons and complaint should be given to the defendant. After the complaint is filed, the defendant must respond to the complaint within a specified timeframe, 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 collaborate 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 attorney of the defendant or insurance companies to negotiate the best settlement possible. Preliminary Conference In a personal injury case the attorney for you must prove that the defendant's negligence caused your accident. You must be able to prove that you sustained injuries due to your accident and that those injuries warrant financial compensation. This could be a long process, but the trial is when you'll be able to decide if you'll receive the compensation you're entitled to. In a trial before a jury, your lawyer will argue that the defendant is responsible and has to pay for the losses you suffered. Memphis injury lawyer will provide evidence to prove that their actions are not connected to the accident. This will prevent them from paying you for your losses. Before proceeding to trial you must attend a preliminaries conference. This is usually the first time that your case will have deadlines established by the Court itself. This is also the time where your lawyer will discuss the case with the defense. A judicial registrar, or a member of the court staff typically holds preliminary conferences. All participants must attend the preliminary conference in person, unless the case is handled under the New York's Differentiated Case Management Rule or the Rules are otherwise exempted. If a person is unable to attend in person, the convenor can permit them to attend via phone or online. 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 namely advanced standard or complex. Bill of Particulars After a complaint and summons are filed, the defendants named in the lawsuit have either twenty or thirty days in which to submit an Answer (although this deadline may be extended if the court gives approval). After the Answer is filed, the case is moved to what is called the discovery phase. In this phase the parties exchange information in the form of written demand for discovery and depositions. Following the conclusion of discovery, the plaintiff's attorney prepares what is known as a Bill of Particulars. The document details the legal claims being made and the relief sought, usually 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 scrutinized by the court. Generally speaking, the court will only abide by a Bill of Particulars that is not vague or broad. A Bill of Particulars should be limited to the specific acts of negligence being asserted and should not include new claims. For instance, in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. In 1994, the court affirmed the motion to strike out any references to willful or intentional actions in a medical malpractice case. The court will not allow a new theory to be introduced at a point in the case that is unreasonable late. To avoid causing prejudice, a late amendment to the Bill of Particulars must be supported by an affidavit that provides a reasonable explanation for the delay of this amendment. Physical Exam When a defense attorney or insurance company demands that you attend an Independent Medical Examination (IME) Your first reaction may be to question the reason a doctor who may not know you or your medical history and the specifics of your incident is asked to conduct an exam. However, this kind of exam is actually an obligation under Washington law, and it could be beneficial in your case. IMEs are typically performed by doctors who are employed by the insurer of the defendant. Their aim is to provide an alternative perspective on your injuries. While they are sometimes called “independent,” these physicians, just like insurance companies have their own agendas and financial stake in reducing the amount of compensation that could be given to a victim of injury. Your Orange County personal injury attorney will make sure you know what you can expect from an IME and will provide a copy to the doctor of all pertinent medical records. 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 spot fraudulent behavior, and can utilize this information in court.