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What is a Personal Injury Lawsuit? You could be entitled to compensation if you have been injured due to the actions or inactions of someone else. Contact a seasoned personal injury attorney to learn more about your rights. A personal injury lawsuit is a civil dispute where the plaintiff is seeking compensation for their losses, including medical bills, lost wages property damage, and other costs. The process can run from several months to several years. Damages A personal injury lawsuit is a legal proceeding to force another person or entity to pay compensation for the damage caused by an accident. The injured party is known as the plaintiff, while the parties responsible are referred to as defendants. Personal injury cases can include wrongful death claims when someone dies due to inattention or negligence of others. The damages a victim suffers are usually divided into two categories that are punitive and compensatory. Compensatory damages are meant to make the victim whole again, including out-of-pocket expenses such as medical bills as well as compensation for suffering and pain. Punitive damages are not common and are intended to penalize the offender for extreme behavior. The first type of damages is often known as “economic damages.” This is the term used to describe all out-of-pocket expenses associated with the accident or injury. These could include doctor's bills or hospital costs, as well as physical therapy expenses. In certain cases, additional expenses like the cost of traveling to and from appointments, or changes to your home for permanent disabilities can be included in the claim. Non-economic damages are also called “pain and suffer” damages. These damages are more difficult to quantify, and they include the emotional stress and mental anguish that accidents can cause. Depending on the severity of your injuries, your lawyer will help you place a value on the damages. It could be based on the ability to enjoy activities you previously enjoyed or your loss of consortium with family members. Statute of Limitations Under a legal rule called the statute of limitations, anyone who is injured in an accident must file a lawsuit within a specific time period or else their claim will be rejected by the courts. This is to protect evidence from being lost or lost in the shuffle and to prevent people from dragging out litigation related to an incident for a long time. The exact length of time for filing a claim varies between states, but personal injury claims typically have a two-to four-year limitation. There are some exceptions to the time to file claims. If you need help determining if your case falls within one of these exceptions, then it is recommended to seek legal advice. The statute of limitations only applies to lawsuits that are filed in the court. A majority of injuries cases are resolved through the process of filing an insurance claim and do not require a formal lawsuit filing. It is nevertheless important to allow yourself enough time to bring a lawsuit in the event that negotiations with insurance aren't as smooth as you had hoped, or if a problem arises that is not resolved by insurance. Some circumstances can pause the clock on the statute of limitations, but they are not common and have to be evaluated on a case-by-case basis. The statute of limitations may not start until the person realizes or should have realized that the injury resulted from someone else's negligence. In certain states, such as New York, it 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 claims that the defendant breached their duty of care and this breach resulted in harm and losses for the plaintiff. The defendant is accountable for the damages. The first document filed in a personal injury lawsuit is called the complaint, and it contains specific details about the incident that caused your injuries and outlines the damages you're seeking. The complaint also contains an “prayer of relief” that outlines what you would like the court to do. The summons and complaint should be delivered to the defendant. After the complaint is filed, the defendant must respond to the complaint within a specified time frame, and may either deny or admit the allegations in the complaint. The defendant may also make a counterclaim against the plaintiff or bring in a different defendant as a third-party defendant. A successful personal injury lawsuit relies on solid evidence including medical documents and testimony from witnesses. We collaborate closely with our clients to ensure that all relevant information is gathered and included in the case. The evidence will also help us negotiate with the defendant's attorneys or insurance agents to obtain 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 also prove that you suffered injuries in your accident and that the injuries are worthy of an amount of money. It's a long process, but it's at the trial that you'll find out if you receive the damages you are entitled to. In a jury trial your lawyer will argue that the defendant is responsible and is required to compensate you for your losses. The defendant will provide evidence that their actions are unrelated to the accident, which will keep them from having to reimburse you for your losses. Before proceeding to trial you must attend a preliminary conference. This is usually the first time that your case will be subject to deadlines set by the Court itself. Gastonia injury lawsuit youtube.com is also the time when your attorney will discuss the case with the defense. Preliminary conferences are typically conducted by a judicial registrar or someone on the court's staff. Unless the case is being handled by the New York's Differentiated Case Management Rule, or is otherwise exempt 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 allow them to participate by telephone or online. If your case is part of the Differentiated Case Management Program, a preliminary meeting is also an opportunity to determine if your case falls within one of three categories – complicated or expedited standard. Bill of Particulars After a summons or complaint are filed, the defendant parties who are named in the lawsuit have the option of having twenty or thirty days to submit an Answer (although this deadline can be extended if the court gives permission). After the Answer is filed, the case moves into what is called the discovery phase. During this stage the parties exchange information via written demands for discovery and depositions. The plaintiff's lawyer prepares the Bill of Particulars at the end of the discovery. The document details legal claims 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 made, to help them prepare for trial. The court must review a Bill of Particulars before it is allowed to be enforced. Generally speaking, the court will only accept a Bill of Particulars that is not vague or broad. A Bill of Particulars should be limited to the specific negligence that is being asserted and should not include new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ) for instance, was a case where the court found that the plaintiff had not been negligent. 1994), the court sustained the motion to strike references to willful and intentional actions from a medical malpractice claim. In the same way, the court will not permit the addition of a new theory of recovery at a disproportionately late point in the action. In order to avoid resultant negative consequences, an amendment made late to a Bill of Particulars should only be permitted if supported by an affidavit that provides an acceptable explanation for the delay in the amendment. Physical Exam If a defense attorney or insurance company asks you to take part in an Independent Medical Examination (IME) the first reaction may be to question the reason a doctor who may not know you or your medical history and the particulars of your incident is required to conduct an examination. But, this type of exam is actually a requirement under Washington law, and could be beneficial in your case. IMEs are typically performed by doctors who are employed by the defendant’s insurance company. Their goal is to offer a different perspective on your injuries. These doctors, often referred to as “independent”, have their own goals and financial interests in reducing the compensation that is paid to victims. If you choose to undergo an IME, your Orange County personal injury lawyer will make sure that you are aware of what to expect and will provide copies of all relevant medical records for the doctor to look over. Your lawyer will also be present at the IME and can ensure that you are being treated fairly by ensuring that the questions of the doctor do not diverge from those in your medical records. Do not underplay or exaggerate the severity of your injury to the doctors. They are trained to spot fraud, and may utilize this information in court.