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What is a Personal Injury Lawsuit? If you've been hurt through the actions or inactions, you could be able to recover compensation. To learn more about your rights under the law, contact an experienced personal injury lawyer. A personal injury lawsuit is a civil dispute where the plaintiff is seeking money to cover their losses, which include medical expenses, lost wages, property damage and other expenses. The process can last from a few months to a few years. Damages A personal injury lawsuit is a legal process that is used to force another individual or entity, to pay you compensation for damages caused by an accident. The plaintiff is the victim and the defendants are responsible. If someone dies as a result of negligence or wrongdoing by others In wrongful deaths, the case can be included in personal injury lawsuits. Damages are typically 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 are uncommon and are intended to penalize the wrongdoer for extreme conduct. The first type of damages is often referred to as “economic damages.” This is the term used to describe the cost of out-of-pocket expenses incurred due to the accident or injury. These may include hospital expenses as well as doctor's fees and therapy costs. Certain claims could also include additional costs, like travel costs to and from appointments, or modifications to your home to accommodate a disability that is permanent. Non-economic damages are also described as “pain and suffer” damages. They are more difficult to quantify and involve the mental and emotional stress, anguish and suffering that an accident can cause. Your lawyer will assist you to determine the value of these damages based on the extent of your injury. This could be based on the ability to carry out the things you were previously able to do or your loss of a relationship 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 make a claim within a specified time or the claim will be dismissed by the courts. This is done to stop evidence from being lost or lost and to stop individuals from dragging litigation relating to incidents out for a long time. The exact time limit 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 extend the amount of time a victim has to file their claim and they should seek legal advice for assistance in determining whether or not your case falls under one of these exceptions. One of the most important aspects of the statute of limitations is that it is only applicable to the filing of an action in a court. A majority of injuries cases are resolved through the insurance claim process and do not require a formal lawsuit filing. Even so, it is important to allow yourself enough time to file a lawsuit in the event that negotiations do not follow the plan or an issue arises that cannot be resolved through 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 an individual basis. The statute of limitations may not start until the person is aware or should have known that the injury was caused by someone else's negligence. In certain states, such as New York, it is different for claims made against municipalities. Complaint A personal injury lawsuit is brought by a victim against the person who caused the injury. The plaintiff claims that the defendant breached their duty of care, and that this breach caused damage and losses for the plaintiff. The defendant is then accountable for the damages. The first document filed with a personal injury lawsuit is referred to as the complaint, and it contains detailed allegations about the incident that caused your injuries and outlines the damages you seek. It also contains a “prayer for relief” that outlines what you want the court to do. The summons and complaint must be delivered to the defendant. After the complaint is filed, the defendant is required to submit an answer to the complaint within a certain time period, and they will either admit or deny the allegations in the complaint. The defendant may also bring a counterclaim against plaintiff or bring in a different defendant as a third-party defendant. A successful personal injury lawsuit is based on solid evidence, including medical documents and witness testimony. We collaborate closely with our clients to ensure that all relevant information is collected and included in the case. The evidence we collect will also help us to negotiate with defense attorneys or insurance companies to get the best possible settlement offer. Preliminary Conference In a personal injury case, your lawyer must prove that negligence on the part of the defendant caused your accident. You must also prove that you suffered injuries from your accident, and that your injuries are a valid reason for financial compensation. Boston injury attorney 's a long process, but it is at the trial that you'll be able to determine if you receive the damages you deserve. In the trial before a jury, your lawyer will argue for the defendant's responsibility and they will argue that they have to compensate you for your losses. The defendant will present evidence to show that their actions were unrelated to the accident. This will stop them from settling your losses. Before you can proceed to trial you must attend a preliminary conference. This is the first time your case has deadlines set by a judge. This is also the time when your attorney will discuss the matter with the defense. A judicial registrar, or an official from the court staff, typically conducts preliminary conferences. If the case is handled in accordance with New York's Differentiated Case Management Rule, or otherwise exempted from the Rules the parties are required to be present in person. If a party is unable to attend in person, the convenor is able to permit them to attend via telephone 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: expedited standard or complex. Bill of Particulars After the summons and complaint are filed, the defendants named in the lawsuit will be given between twenty and thirty days (although this deadline is able to be extended by the court). After the Answer is filed, the case enters what is called the discovery phase. In this stage both parties exchange information through written discovery demands and depositions. The lawyer for the plaintiff prepares a Bill of Particulars at the end of the discovery. This document outlines the legal claims that are being made and the relief sought – usually an award of money damages. The Bill of Particulars is meant to inform the defendant of the specific legal claims made, to help them prepare for trial. Before a Bill of Particulars can be followed, it has to 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 add any new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ), for example was a case where the court ruled that the plaintiff had not been negligent. 1994) the court granted the motion to strike all references to intentional and willful acts from a medical malpractice claim. The court will also not permit a new theory to be added at any point in the case that is unreasonable late. To avoid prejudice, a belated amendment to a Bill of Particulars should only be permitted if supported by an affidavit offering an acceptable explanation for the delay in the amendment. Physical Examination When a defense attorney or insurance company requests that you attend an Independent Medical Examination (IME), your natural first instinct could be to wonder why a doctor who does not know you or your medical history and the specifics of your accident is being required to conduct an examination. But, this type of examination is actually a requirement under Washington law and could be beneficial to your case. IMEs are usually conducted by doctors hired by the defendant’s insurance company. Their goal is to provide an alternative view of your injuries. Although they are sometimes referred to as “independent,” these physicians – just like the insurance companies have their own agendas and financial motives in reducing the amount of compensation that may be granted to a victim who has been injured. Your Orange County personal injury attorney will make sure you know what you can expect from an IME and will give the doctor with a copy of the relevant medical records. Your lawyer will be present during the IME to ensure that the questions posed by the doctor are in line with your medical records. Do not underplay or exaggerate the severity of your injury to the doctors. They are trained to detect dishonesty, and could make use of this information in a trial.