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What is a Personal Injury Lawsuit? You could be entitled to compensation if have suffered injuries due to the actions or inactions of someone else. Contact a knowledgeable personal injury attorney to learn more about your rights. A personal injury lawsuit is a civil litigation in which the plaintiff seeks compensation for their loss. This includes medical expenses, lost wages and property damage. The process can run between a few months and several years. Damages A personal injury lawsuit is a process to compel another person or entity to pay you compensation for the damage caused by an accident. The person who is injured is referred to as the plaintiff while the parties responsible are referred to as defendants. When someone dies as a result of inattention or negligence of others In wrongful deaths, the case are often included in personal injury lawsuits. The damages a victim suffers are usually divided into two categories which are: punitive and compensatory. Compensatory damages are meant to ensure that the victim is completely again, including out-of-pocket expenses like medical bills and compensation for suffering and pain. Punitive damages, which are very rare, are meant to punish the wrongdoer if they have committed extreme crimes. This category covers all costs that result from the injury or accident. These may include hospital expenses medical expenses, doctor's charges and physical therapy costs. Some claims could also cover additional costs, like transportation costs to and from appointments or home modifications to accommodate a permanent disability. Non-economic damages are also referred to by the term “pain and suffer” damages. They are more difficult to quantify and include the emotional distress, mental anxiety and suffering that an accident can cause. Your lawyer can help you value these damages based on the extent of your injury. This may be based on your ability to carry out the things you were previously able to do or your loss of a relationship with your family. Statute of limitations Under a legal rule called the statute of limitations, anyone who suffers an injury in an accident must bring a lawsuit within a certain time frame or their claim will be dismissed by the courts. This is to prevent evidence from being lost or forgotten and to stop people from carrying out incident-related litigation indefinitely. The exact time limit varies from one state to another, but most personal injury claims have a time limit of two to four years. There are certain exceptions to the limit for filing an injury claim. If you need help in determining whether your case is one of these exceptions, then it is best to seek legal advice. The statute of limitations is only applicable to lawsuits filed in the court. Insurance claims are typically used to resolve injuries and do not require formal lawsuits. However, it is important to allow yourself enough time to pursue legal action in the event that insurance negotiations do not go as planned or an issue arises that can't be easily addressed through the insurance system. Some circumstances can pause the clock on the statute of limitations, however they are extremely rare and have to be assessed on a case-by-case basis. The statute of limitations might not start until the person discovers or should have known that the injury resulted from someone else's negligence. In certain states, like New York, it is different for claims made against municipalities. Complaint A personal injury lawsuit is brought by the victim against the party who caused the injury. It claims that the defendant violated their duty of care and that this breach resulted in 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 includes specific allegations regarding the incident that caused your injuries. It also outlines the damages you're seeking. The complaint also includes a “prayer of relief” which outlines what you would like the court to do. The summons and complaint should be delivered to the defendant. The defendant must respond to the complaint within certain time limits and either admit or deny all allegations made in the complaint. The defendant can also file a counterclaim against the plaintiff or introduce another defendant as a third-party defendant. A successful personal injury lawsuit is based on solid evidence, such as medical documents and witness testimony. We work closely with our clients to gather the relevant information and incorporate it in the case. The evidence we collect will also help us to negotiate with defense attorneys or insurance agents to obtain the best settlement offer. Preliminary Conference In a personal-injury lawsuit your lawyer must show that negligence on the part of the defendant caused your accident. You must be able to prove that you sustained injuries due to your accident and that those injuries warrant financial compensation. It's not an easy process, but it is at the trial that you'll find out if you get the compensation you are entitled to. In a trial before a jury, your lawyer will argue that the defendant is accountable and has to pay for your losses. Grand Rapids injury lawsuit will provide evidence that their actions are unrelated to the accident, which will prevent them from having to compensate you for your losses. Before proceeding to trial you must attend a preliminaries conference. This is often the first time your case will be subject to deadlines set by the Court itself. It is also the time when your lawyer will discuss the case with the defense. Preliminary conferences are usually conducted by a judicial registrar, or a member of the court's staff. All parties must attend the preliminary conference in person unless the case is 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 can take part via phone or online with the approval of the convenor. If your case is scheduled to be part of the Differentiated Case Management program, a preliminary conference will also provide an opportunity to determine whether your case falls into one of the three categories that are expedited, standard, or complex. Bill of Particulars After the summons and complaint are filed, the defendants named in the lawsuit will have twenty to thirty days (although this timeframe can be extended by the court). Once the Answer is filed, the case enters what is called the discovery phase. In this phase, both parties exchange information via written discovery demands and depositions. At the conclusion of discovery the attorney representing the plaintiff drafts what is called a Bill of Particulars. The document details the legal claims being made as well as 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 to help them prepare for trial. Before a Bill of Particulars can be followed, it has to be scrutinized by the court. Generally, the court will only comply with a Bill of Particulars that is not overbroad or vague. A Bill of Particulars should be limited to the specific acts of negligence being claimed and should not contain new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ) for instance was a case where the court found that the plaintiff was not negligent. In 1994, the court affirmed a motion to strike the reference to willful or deliberate actions in a medical malpractice case. The court will also not allow a new doctrine to be introduced at any point in the case that is unreasonably late. To avoid prejudice, a late amendment to a Bill of Particulars must be supported by an affidavit, which gives a reasonable explanation of the lateness of this amendment. Physical Exam When a defense attorney or insurance company demands that you attend an Independent Medical Examination (IME) Your first reaction could be to wonder why a doctor who does not know you and your medical history and the particulars of your accident is being asked to conduct an exam. This type of exam is required by Washington law, can be beneficial to your case. IMEs are typically performed by doctors who are employed by the insurance company of the defendant. Their goal is to offer a different perspective on your injuries. While they are sometimes described as “independent,” these physicians, just like insurance companies – have their own agenda and financial interest in decreasing the amount of compensation that could be given to a victim of injury. If you decide to go through an IME, your Orange County personal injury lawyer will make sure that you are well-informed about what to expect. They will provide copies of all relevant medical records for the doctor to look over. Your lawyer will also be present at the IME and will ensure that you are examined in a fair manner by ensuring that the doctors ' questions aren't divergent from the ones you have in your medical records. It is important to not play around with the severity of your injuries with these doctors, as they are trained to spot dishonesty and may utilize this information against you in trial.