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What is a Personal Injury Lawsuit? You may be entitled to compensation if you were injured as a result of the actions or inactions of another person. Contact a knowledgeable personal injury lawyer to find out more about your rights. A personal injury lawsuit is civil dispute in which the plaintiff seeks compensation for their losses. This includes medical expenses 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 legal proceeding that is used to force another individual or entity to compensate you for damages resulting from an accident. The party who suffered the injury is known as the plaintiff and the parties responsible are referred to as defendants. If someone dies as a result of the carelessness or infractions committed by others In wrongful deaths, the case are often included in personal injury lawsuits. Damages are typically classified into two categories: compensatory and punitive. Compensation damages are designed to help the victim get back on track for good, including out-of-pocket costs such as medical expenses as well as compensation for pain and suffering. Punitive damages are rare and are designed to punish the offender for extreme behavior. The first category of damages is usually referred to as “economic damages.” This includes the cost of out-of-pocket expenses incurred due to the accident or injury. This could include doctor's fees, hospital costs and physical therapy expenses. Certain claims could also include additional costs, like travel costs to and from appointments or home modifications to accommodate a permanent disability. Non-economic damages are often called “pain and suffering” damages. These damages are more difficult to quantify, and they include the emotional stress and mental stress caused by accidents. Mount Pleasant injury lawsuits will help you evaluate these damages based upon the severity of your injury. This might be based on your ability to continue enjoying the activities you used to do or your loss of consortium with family members. Statute of Limitations Under a legal rule called the statute of limitations, anyone who suffers injury as a result of an accident must file a lawsuit within a specified time or their claim will be rejected by the courts. This is done to prevent evidence from being forgotten or lost, and also to stop people from dragging incident-related litigation out for a long time. The exact length of time for filing a claim varies from state to state, however personal injury claims generally have a two- to four-year limitation. However there are exceptions that could extend the amount of time a victim has to make a claim, and they should seek legal advice for assistance in to determine if their case falls within one of the exceptions. One of the main facets of the statute of limitations is that it only applies to the filing of an action in a court. Insurance claims are usually used to resolve injury cases and do not require formal lawsuits. It is nevertheless important to allow yourself enough time to start a lawsuit in the event that negotiations with insurance don't go as planned, or if there is a problem which cannot be resolved through insurance. Some circumstances can pause the clock on the statute of limitations, however they are extremely rare and have to be evaluated on a case by case basis. For instance the statute of limitations may not begin to run until a victim has discovered or reasonably should have discovered that their injury was caused by someone else's negligent actions. In certain states, such as New York, the statute of limitations differs for claims against municipalities. Complaint A personal injury lawsuit is brought by the victim against the party who caused the injury. The plaintiff claims that the defendant breached their duty of care and that this breach caused harm and losses for the plaintiff. The defendant is then accountable for the damages. The complaint is the first document that is filed in a personal injury case. It provides detailed details regarding the incident that caused your injuries, and the damages you seek. It also includes the “prayer for relief” that outlines what you want the court to do. The summons and complaint should be handed over to the defendant. The defendant must respond to the complaint within certain deadlines and either admit or deny all the allegations in the complaint. The defendant may also bring a counterclaim against plaintiff or introduce another defendant as 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 collect the relevant information and incorporate it in the case. The evidence can also help us negotiate with the attorney for the defendant or insurance agents to obtain the most favorable 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 be able to prove that you sustained injuries from your accident, and that the injuries you sustained are worthy of financial compensation. It can be a lengthy procedure, but it's at the trial that you'll finally know if you will be awarded the compensation you are entitled to. In a jury trial, your lawyer will argue that the defendant is liable and is required to compensate you for the losses you suffered. The defendant will present evidence to show that their actions were unrelated to the accident. This will stop them from settling your losses. Before you can proceed to trial, you must attend a preliminaries conference. This is often the first time your case will have deadlines established by the Court itself. This is also the time where your lawyer will discuss the case with the defense. A judicial registrar, or an individual from the court staff, usually conducts preliminary conferences. All parties must attend the preliminary conference in person, unless the case is handled in accordance with the New York's Differentiated Case Management Rule or the Rules are exempted in other ways. If, however, a person is unable to attend in person, they can participate via telephone or on the internet, with the consent 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 – expedited, standard or complex. Bill of Particulars After the complaint and summons have been filed, the defendants named in the lawsuit will have twenty to thirty days (although this timeframe may be extended by the court). Once the Answer has been filed, the matter moves into what is called the discovery phase. During this phase the parties exchange information through written demands for discovery and depositions. The plaintiff's lawyer prepares the Bill of Particulars at the end of discovery. The document is a legal declaration of claims and the relief sought, usually the award of damages in cash. The Bill of Particulars is intended to inform the defendant notice of the specific legal claims being filed so that they can effectively prepare for trial. Before a Bill of Particulars can be followed, it has to be reviewed by the court. Generally, the court will only abide by a Bill of Particulars that is not vague or overly broad. A Bill of Particulars must only include the specific acts of negligence that are being claimed, and not add any new claims. For example in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. 1994) the court granted a motion to strike all references to willful and intentional acts from a medical negligence claim. Similarly, the court will not permit the addition of a new theory of recovery at an unreasonably late point in the action. To avoid adverse consequences, a late amendment to a Bill of Particulars should only be allowed when supported by an affidavit stating an acceptable explanation for the lateness of the amendment. Physical Examination When a defense attorney or insurance company demands that you attend an Independent Medical Examination (IME), your natural first instinct could be to wonder the reason a doctor who may not know you or your medical history and the particulars of your incident is asked to conduct an exam. However, this type of examination is actually a requirement under Washington law and can be helpful to your case. IMEs are typically performed by doctors who are employed by the insurance company of the defendant. Their aim is to provide an alternative perspective on your injuries. While they are sometimes referred to as “independent,” these physicians – just like the insurance companies have their own agendas and financial stake in reducing the amount of compensation that may be granted to a victim who has been injured. If you decide to go through an IME, your Orange County personal injury lawyer will ensure that you are aware of what to expect and provide copies of all relevant medical records to the doctor to look over. Your lawyer will be present during the IME to ensure that the questions asked by the doctor are consistent with your medical records. It is important to not play around with the severity of your injuries to these doctors, as they are trained to spot dishonesty and may utilize this information against you at trial.