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What is a Personal Injury Lawsuit? You may be eligible for compensation if you were injured as a result of the actions or inactions of another person. Contact an experienced personal injury lawyer to learn more about your rights. A personal injury lawsuit is a civil matter where the plaintiff is seeking compensation for their losses, which include medical bills, lost wages, property damage, and other costs. The process can last from a few months to several years. Damages A personal injury lawsuit is a legal process which is filed to force another person or entity to compensate you for damages resulting from an accident. The person who is injured is referred to as the plaintiff and the parties accountable are known as defendants. Personal injury cases can also include the wrongful death of a person who dies due to the inattention or negligence of others. Damages are usually classified into two categories: compensatory and punitive. Compensatory damages are intended to ensure that the victim is completely again, including out-of-pocket expenses such as medical expenses as well as compensation for pain and suffering. Punitive damages, which are rare, are meant to punish the offender for committing extreme actions. This category covers all expenses incurred as a result of the accident or injury. These could include hospital bills medical expenses, doctor's charges and physical therapy costs. In some instances additional expenses, such as the cost of traveling to and from appointments or modifications made to your home for permanent disabilities could also be included in an insurance claim. Non-economic damages are commonly described as “pain and suffering” damages. They are more difficult to quantify and involve the emotional distress, mental suffering and anguish that accidents can cause. Your lawyer will help you value these damages based on the severity of your injury. Miami injury lawyer could be based on the ability to enjoy activities you used to do or your loss of consortium with family members. Statute of Limitations A legal requirement known as the statute of limitations requires that anyone who is injured in an accident file an action within a specified date or the claim will be dismissed. This is to stop evidence from being lost or lost, and to prevent those who delay bringing litigation related to an incident out for a long time. The exact duration of time is different between states, however, personal injury claims typically have a two- to four-year limit. There are certain exceptions to the time limit for filing a claim. If you need assistance to determine if your claim falls under one of these exceptions, it is recommended to seek legal advice. The statute of limitations applies only to lawsuits that are filed in the court. Insurance claims are usually 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 insurance negotiations do not go as planned or if a problem arises that is not resolved by insurance. Certain circumstances can stop the clock of the statute of limitations, but these instances are very rare and have to be considered on a case-by-case basis. For example, the statute of limitations might not start to run until the victim discovers or ought to have realized that their injuries were caused by another person's negligent actions. In certain states, such as New York, the statute of limitations is different for claims against municipalities. Complaint A personal injury lawsuit is a civil action initiated by a victim against the person or entity who caused the injury. It claims that the defendant violated a duty of care, and that the breach caused harm and loss to the plaintiff and that the defendant should be held accountable for the damages. The complaint is the initial document filed in a personal injury case. It contains detailed allegations regarding the incident that led to your injuries, as well as the damages you seek. The complaint also includes the “prayer of relief” which describes what you would like the court to do. The summons and complaint must be delivered to the defendant. The defendant must respond to the complaint within a set of deadlines and either admit or deny all the allegations contained in the complaint. The defendant can also make a counterclaim against the plaintiff or bring in another defendant as a third-party defendant. A successful personal injury lawsuit is built on solid evidence, including medical documents and witness testimony. We work closely with our clients to ensure that all relevant information is collected and included in the case. The evidence can also help us negotiate with the defendant's attorneys or insurance companies to negotiate the best settlement possible. Preliminary Conference In a personal injury case your lawyer must show that negligence on the part of the defendant led to your accident. You must also prove you were injured in the accident and that the injuries are worth financial compensation. It can be a lengthy procedure, but it's at the trial that you'll be able to determine if you be awarded the compensation you deserve. In the trial before the jury, your lawyer will argue for the defendant's responsibility and the need to pay for your losses. The defendant will present evidence that their actions do not contribute to the accident, which will prevent them from having to reimburse you for your losses. Before you can proceed to trial you must attend a preliminary conference. This is typically the first time that your case will have deadlines set by the Court itself. It is also the time where your attorney will discuss the case with the defense. A judicial registrar, also known as an official of the court's staff, typically holds preliminary conferences. All parties must attend the initial conference in person unless the case is handled under the New York's Differentiated Case Management Rule or the Rules are exempted in other ways. If a party cannot attend in person, they are able to participate via telephone or on the internet with the approval of the convenor. If your case is to be a part of the Differentiated Case Management program, the preliminary conference will be an opportunity to identify whether your case falls under one of the three categories which 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 deadline can be extended by the court). When the Answer is filed, the case enters what is called the discovery phase. During this time both sides exchange information in the form of written discovery demands and depositions. The lawyer of the plaintiff drafts the Bill of Particulars at the end of the discovery. This document outlines legal claims and the relief sought – typically an award of money damages. The Bill of Particulars is meant to inform the defendant of the specific legal claims being made, so that they can prepare for trial. The court must examine the Bill of Particulars before it can be complied with. In general, the court will only abide by a Bill of Particulars if it is not vague or overbroad. A Bill of Particulars should be limited to the specific acts of negligence claimed and should not contain new claims. For example in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. 1994), the court sustained a motion to strike all references to willful and intentional acts from a medical malpractice claim. 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 belated amendment to the Bill of Particulars should only be allowed when supported by an affidavit stating a reasonable excuse for the lateness of the amendment. Physical Examination If a defense attorney or insurance company asks you to take part in an Independent Medical Examination (IME) the first reaction could be to wonder the reason a doctor who may not know you or your medical history and the particulars of your incident is requested to conduct an exam. This type of examination is required under Washington law, could be beneficial to your case. IMEs are typically conducted by doctors hired by the insurance company of the defendant. Their goal is to provide an alternative view of your injuries. These doctors, who are sometimes called “independent” are able to have their own goals and financial interests in reducing the compensation that can be awarded to injured victims. Your Orange County personal injury attorney will ensure that you are aware of what to expect from an IME and will provide a copy to the doctor of all pertinent medical records. Your lawyer will also be present at the IME and will make sure that you are examined with respect and courtesy by ensuring that doctors ' questions aren't divergent from the ones you have in your medical records. It is essential to avoid playing with the extent of your injuries with the doctors, since they are trained to spot fraud and could utilize this information against you at trial.