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What is a Personal Injury Lawsuit? You could be eligible for compensation if you have been injured due to the actions or inactions of someone else. To learn more about your rights under the law to pursue compensation, consult a knowledgeable personal injury lawyer. A personal injury lawsuit is a civil litigant in which the plaintiff seeks compensation for their losses. This can include medical bills as well as lost wages and property damage. The process can last from a few months to several years. Damages A personal injury lawsuit is a process to compel another person or entity to pay compensation for the damages resulting from an accident. The plaintiff is the injured party, and the defendants are the parties accountable. If someone dies as the result of the carelessness or infractions committed by others In wrongful deaths, the case may be part of personal injury lawsuits. The damages a victim suffers are usually divided into two categories which are: punitive and compensatory. Compensatory damages are intended to make the victim whole and regain their financial security, which includes out-of-pocket expenses like medical bills and compensation for pain and suffering. Punitive damages, which are rare and are designed to punish the perpetrator when they have committed a number of extreme actions. This category covers all expenses that result from the accident or injury. These might include doctor's bills or hospital costs, as well as physical therapy costs. In some instances additional expenses, such as the cost of travel to and from appointments, or modifications made to your home due to permanent disabilities could also be included in an insurance claim. Non-economic damages are also called “pain and suffer” damages. These damages are harder to quantify, and they include the emotional stress and mental anguish that an accident can cause. Depending on the extent of your injuries, your lawyer can help you determine the value of these damages. This might be based on your ability to enjoy activities you were previously able to enjoy or the loss of your relationship with family members. Statute of limitations A legal principle known as the statute of limitations stipulates that anyone injured in an accident should file an action before a specific date or else the claim will be dismissed. This is to protect evidence from being lost or forgotten and to prevent people from dragging out incident-related litigation indefinitely. The exact time limit varies from one state to another, but the majority of personal injury claims have a time frame of between two and four years. However there are exceptions that could extend the amount of time that a victim must file their claim and they should seek legal advice for assistance in to determine if their case falls into one of the exceptions. The statute of limitations is only applicable to lawsuits filed in the court. Many injury cases are resolved through the process of filing an insurance claim and do not require a formal lawsuit filing. Even so, it is crucial to give 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. A few circumstances can pause the statute of limitations clock however these cases are rare and generally need to be analyzed on an individual basis. For instance the statute of limitations might not start running until the victim discovers or should have reasonably discovered that their injuries were caused by another person's negligent actions, and in some states, such as New York, the statute of limitations is different for claims against municipalities. Complaint A personal injury lawsuit is a civil case filed by an injured party against the person or entity that caused the injury. It asserts that the defendant violated their duty of care and that this breach resulted in harm and losses for the plaintiff. The defendant is accountable for the damages. The complaint is the first document filed in a personal injury lawsuit. It contains detailed allegations regarding the incident that caused your injuries, as well as the damages you are seeking. It also includes an “prayer for relief” that describes what you want the court to do. The complaint and summons must be handed over to the defendant. After the complaint is filed, the defendant must respond to the complaint within a certain time frame, and must either accept or deny the allegations in the complaint. The defendant can also file a counterclaim against the plaintiff or introduce another defendant as third-party defendant. A successful personal injury lawsuit is built on solid evidence, which includes medical records and witness testimony. We work closely with our clients to collect all relevant information and then include it in the case. The evidence will also assist us negotiate with the defendant's attorneys or insurance agents to obtain the best settlement offer possible. Preliminary Conference In a personal-injury lawsuit your lawyer must show that negligence on the part of the defendant caused your accident. You must also prove you were injured in the accident and that the injuries are worthy of the amount of financial compensation. It's not an easy process, but it is at the trial that you will be able to determine if you be awarded the compensation you are entitled to. In Dothan injury lawyers before jurors your lawyer will argue the defendant's responsibility and they will argue that they have to be held accountable for your losses. The defendant will present evidence that their actions are not related to the accident, which prevents them from having to pay you for your losses. You must attend a pre-trial meeting prior to proceeding with the trial. This is the first time that your case will be subject to deadlines imposed by a court. This is also the time when your attorney will be discussing the issue with the defense. A judicial registrar, also known as an individual from the court staff, usually conducts preliminary conferences. Unless the case is being handled under the New York's Differentiated Case Management Rule, or if it is exempted from the Rules All parties are required to attend in person. If a party is unable to attend in person, the convenor is able to permit them to attend via phone or online. If your case will be part of the Differentiated Case Management Program, the initial meeting provides an opportunity to determine if your case falls under one of three categories – advanced standard or complex. Bill of Particulars After the summons and complaint have been filed, defendants named in the lawsuit will have twenty to thirty days (although this timeframe may be extended by the court). When the Answer is filed, the case is moved to what is called the discovery phase. In this period both sides exchange information in the form of written discovery demands and depositions. After the discovery process is concluded The attorney for the plaintiff prepares what is known as a Bill of Particulars. The document details legal claims and the relief sought – 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 so that they can prepare for trial. The court must review the Bill of Particulars before it is able to be followed. Generally, the court will only comply with a Bill of Particulars that is not vague or broad. A Bill of Particulars should be limited to the specific acts of negligence being claimed and should not contain new claims. For example, in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. In 1994, the court affirmed a motion to strike any references to willful or intentional actions in a medical malpractice case. The court will not allow introduction of a new theory of recovery at an unreasonably late stage in the case. To avoid causing prejudice any late amendment to a Bill of Particulars must be supported by an affidavit, which provides a reasonable explanation for the lateness of this amendment. Physical Exam If a defense attorney or insurance company asks you to take part in an Independent Medical Examination (IME), your natural first instinct might be to ask the reason why a doctor who does not know you or your medical history and the particulars of your incident is required to conduct an examination. However, this kind of exam is actually required under Washington law and could be beneficial in your case. Typically, IMEs are conducted by medical doctors who are employed by the insurance company representing the defendant and their goal is to provide a different perspective on your injuries. These physicians, who are often referred to as “independent”, have their own goals and financial interests in reducing the amount of compensation which is paid to victims. 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. It is not advisable to downplay or exaggerate the severity of your injury to these doctors. They are trained to spot dishonesty, and could utilize this information in court.