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What is a Personal Injury Lawsuit? You may be entitled to compensation if you 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 action where the plaintiff is seeking money to cover their losses, including medical bills, lost wages, damages to property and other expenses. The process can run from a few months to several years. Damages A personal injury lawsuit is a legal process that is taken to compel another person, or entity to compensate you for the damages that result from an accident. The plaintiff is the victim, and the defendants are responsible. Personal injury cases can also include wrongful death claims when someone dies due to the negligence or wrongdoing of others. A victim's damages are typically divided into two categories that are punitive and compensatory. Compensatory damages are intended to help the victim get back on track for good, including out-of-pocket costs like medical bills and compensation for suffering and pain. Punitive damages are uncommon and are intended to penalize the perpetrator for their extreme behavior. The first category of damages is often referred to as “economic damages.” This covers the cost of out-of-pocket expenses incurred due to the accident and injuries. This could include hospital bills as well as doctor's fees and therapy costs. Certain claims could also include additional costs, like transportation costs to and from appointments or modifications to your home to accommodate a disability that is permanent. Non-economic damages are commonly described as “pain and suffering” damages. These damages are difficult to quantify, and they include the emotional distress and mental stress that accidents can cause. Your lawyer will help you value these damages based on the extent of your injury. This may be based on your capacity to perform the things you did before or your loss of consortium with your family. Statute of limitations In a legal rule known as the statute of limitations, any person who is injured in an accident must make a claim within a certain time frame or the claim will be rejected by the courts. This is done to stop evidence from being lost or lost, and to prevent individuals from dragging litigation relating to incidents out for a long time. The exact duration of time is different from state to state however, personal injury claims typically have a two- to four-year time limit. There are certain exceptions to the limit for filing claims. If you need assistance to determine if your claim is one of these exceptions, then it is recommended to seek legal advice. One of the most important aspects of the statute of limitations is that it applies only to the filing of a lawsuit in a court. A majority of injuries cases are resolved through the process of filing an insurance claim and do not require formal lawsuit filing. It is nevertheless important to allow yourself enough time to file a lawsuit in the event that insurance negotiations don't go as planned, or if a problem arises which cannot be resolved through insurance. Certain circumstances may stop the clock on the statute of limitations however these cases are rare and generally need to be considered on an individual case-by-case basis. The statute of limitations might not be established until the victim discovers or should have known that the injury was caused by another'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 who caused the injury. Augusta injury lawsuits claims that the defendant violated their duty of care, and that the breach caused loss and harm to the plaintiff. The defendant is then held responsible for these damages. The first document you file with a personal injury lawsuit is known as the complaint. It contains specific details about the incident that caused your injuries and outlines the damages you seek. It also includes a “prayer for relief” which outlines what you would like the court to do. The complaint must be served on the defendant, along with a summons, which is a notice that they are being sued. After the complaint is filed, the defendant must file an answer to the complaint within a specified time frame, and will either admit or deny the allegations made in the complaint. The defendant may also file a counterclaim or add another defendant to the case by naming third party defendant. A successful personal injury lawsuit relies on solid evidence including medical documents and testimony from witnesses. We work closely with our clients to ensure that all relevant information is gathered and included in the case. The evidence we have will also assist us in negotiate with defendants' attorneys or insurance agents to obtain the best settlement offer. 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 suffered injuries in your accident and that your injuries are worth the amount of financial compensation. It can be a lengthy procedure, but it's at the trial that you'll find out if you be awarded the compensation you deserve. In the trial before the jury your lawyer will argue the defendant's responsibility and they will argue that they have to compensate you for your losses. The defendant will provide evidence to show that their actions were unrelated to the accident. This will prevent them from settling your losses. Before proceeding to trial, you must attend a preliminary conference. This is often the first time your case will have deadlines that are set by the Court itself. This is also the time when your attorney will discuss the matter with the defense. A judicial registrar, or a member from the court staff, typically holds preliminary conferences. Unless the case is being handled under New York's Differentiated Case Management Rule, or is otherwise exempt from the Rules, all participants are required to attend in person. If, however, a person cannot attend in person, they can participate via telephone or on the internet with the approval of the convenor. If your case is going to be a part of the Differentiated Case Management program, the preliminary conference will provide an opportunity to determine whether your case falls under one of the three classifications that are expedited, standard, or complex. Bill of Particulars After a summons or complaint are filed, the defendant parties who are named in the lawsuit have either twenty or thirty days in which to file an Answer (although this deadline may be extended with the court's approval). Once the Answer is filed, the case is moved into what is called the discovery phase. In this phase the parties exchange information in the form of written demands for discovery and depositions. Following the conclusion of discovery, the plaintiff's attorney 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 intended to put the defendant on notice of the specific legal claims being filed so that he or she can effectively prepare for trial. The court must look over a Bill of Particulars before it is able to be followed. In general, courts will only comply with a Bill of Particulars that is not overbroad or vague. A Bill of Particulars must only include the specific acts of negligence that are being asserted, and not add any 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 ruled in favor of the motion to strike references to intentional and willful acts from a medical malpractice claim. The court will also not permit a new theory to be introduced at an point in the action that is unreasonablely late. To avoid causing prejudice, a late amendment to a Bill of Particulars must be supported by an affidavit that gives a reasonable explanation for the lateness of this amendment. Physical Exam You might be wondering why a doctor, who isn't familiar with you or your medical history, and isn't familiar with the specifics of your accident, would be required to conduct a medical exam. But, this type of examination is actually required under Washington law and can be helpful in your case. Typically, IMEs are conducted by doctors medical who are hired by the insurance company representing the defendant and aim to offer an alternative perspective on your injuries. These physicians, who are sometimes referred to as “independent” are able to have their own agendas and financial interests in reducing the compensation that can be awarded to injured victims. If you decide to go through an IME If you decide to undergo an IME, your Orange County personal injury lawyer will make sure that you are aware of what to expect. They will provide the complete set of medical records for the doctor to examine. Your lawyer will also be present at the IME and can ensure that you are being examined in a fair manner by ensuring that the doctors questions do not deviate from those in your medical records. It is crucial to not play with the severity of your injuries to these doctors, as they are trained to recognize the deceit and may use this information against you at trial.