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What is a Personal Injury Lawsuit? You may be entitled to compensation if you have been injured due to the actions or inactions of a third party. To find out more about your legal rights to pursue compensation, consult a knowledgeable personal injury lawyer. A personal injury lawsuit is a civil dispute 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 a few years. Damages A personal injury lawsuit is a legal action that is used to force another individual or entity, to pay you compensation for damages caused by an accident. The person who is injured is referred to as the plaintiff and the parties accountable are known as defendants. Personal injury cases may include wrongful death claims when someone dies because of the negligence or wrongdoing of others. Damages are typically classified into two categories: punitive and compensatory. Compensatory damages are meant to make the victim whole for good, including out-of-pocket costs like medical bills as well as compensation for suffering and pain. Punitive damages, which are not common, are meant to punish the perpetrator when they have committed a number of extreme actions. The first type of damages is typically called “economic damages.” This is the term used to describe the cost of out-of-pocket expenses incurred due to the accident or injury. This could include hospital bills as well as doctor's fees and therapy costs. In some cases, additional expenses like the cost of traveling to and from appointments, or modifications made to your home for permanent disabilities can be included in the claim. Non-economic damages are also described as “pain and suffer” damages. These damages are more difficult to quantify and include the emotional stress and mental anguish that an accident can cause. Depending on the severity of your injuries, your lawyer will help you estimate the value of the damages. This could be based on the ability to do things you did before or your loss of a relationship with family. Statute of Limitations A legal principle known as the statute of limitation stipulates that anyone injured in an accident must file an action before a specific date or the claim will be dismissed. This is to stop evidence from being forgotten or lost, and to prevent people from dragging incident-related litigation out indefinitely. The exact duration of time differs from state to state, but personal injury claims typically have a two- to four-year limitation. However, there are exceptions that can extend the amount of time a victim has to file their claim and they should seek legal advice for assistance in determining whether or not your case falls under one of the exceptions. A key aspect of the statute of limitations is that it is only applicable to the filing of an action in court. A majority of injuries cases are resolved through the process of claiming insurance and do not require a formal lawsuit filing. However, it is important to allow yourself enough time to pursue legal action just in case insurance negotiations don't go as planned or an issue arises that can't be resolved through the insurance system. Certain circumstances may stop the clock of the statute of limitations however, these situations are rare and generally need to be analyzed on an individual case-by-case basis. For instance, the statute of limitations might not start to run until a victim discovered or should have reasonably discovered that their injuries were caused by another person's negligent actions, and in certain states, such as New York, the statute of limitations differs for claims against municipalities. Complaint A personal injury lawsuit is a civil action brought by an injured person against the person or entity that caused the injury. The plaintiff claims that the defendant violated their duty of care, and that this breach caused damage and losses for the plaintiff. The defendant is accountable for the damages. The complaint is the first document that is filed in a personal injury case. It provides detailed details about the incident that led to your injuries, and the damages you seek. It also includes a “prayer for relief” which outlines what you want the court to do. The summons and complaint must be given to the defendant. The defendant must respond to the complaint within certain deadlines and either admit or deny all the allegations made in the complaint. The defendant may also bring a counterclaim against plaintiff or introduce another defendant as a third-party defendant. A successful personal injury lawsuit is built on solid evidence, including medical records and witness testimony. We work closely together with our clients to gather all relevant information and then include it in the case. The evidence we collect will also assist us in negotiate with defense attorneys or insurance companies to negotiate 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 will find out if you get the compensation you are entitled to. In the case of a trial before a jury, your lawyer will argue that the defendant is at liability and that they must compensate you for your losses. The defendant will present evidence that their actions do not contribute to the accident, which prevents them from having to compensate you for your losses. You must attend a pre-trial meeting prior to proceeding with the trial. Tuscaloosa injury lawsuits youtube.com is typically the first time that your case will be subject to deadlines that are set by the Court itself. This is also when your attorney will discuss the case with the defense. A judicial registrar, also known as an individual from the court staff, typically 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 the parties are required to attend in person. However, if a party cannot attend in person, they can take part via phone or online with the approval of the convenor. If your case is scheduled to be 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 classifications – expedited, standard or complex. Bill of Particulars After the complaint and summons have been filed, the defendants named in the lawsuit will be given between twenty and thirty days (although this deadline is able to be extended by the court). Once the Answer has been filed, the case moves into what is called the discovery phase. In this phase both parties exchange information via written demands for discovery and depositions. After the discovery process is concluded the attorney representing the plaintiff drafts what is called a Bill of Particulars. This document outlines legal claims and the relief sought – usually an award of money damages. The Bill of Particulars is meant to inform the defendant of the specific legal claims made, so that they can prepare for trial. Before a Bill of Particulars can be followed, it must be examined by the court. In general, a court will only be able to abide by a Bill of Particulars if it is not vague or broad. A Bill of Particulars should be limited to the specific acts of negligence being claimed and should not add new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ) for instance was a case where the court concluded that the plaintiff was not negligent. 1994), the court sustained the motion to strike 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 stage in the case. 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 tardiness of the amendment. Physical Examination If a defense attorney or insurance company requests that you attend an Independent Medical Examination (IME) the first reaction could be to wonder why a doctor who does not know you, your medical history, and the details of your incident is requested to conduct an exam. This type of examination is required under Washington law, can be beneficial to your case. IMEs are usually conducted by doctors hired by the insurance company of the defendant. Their aim is to provide an alternative view of your injuries. These physicians, who are sometimes called “independent” are able to have their own goals and financial interests in reducing the amount of compensation that can be paid to 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 well-informed about what to expect and provide the complete set of medical records for the doctor to review. 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 do not deviate from those in your medical records. It is not advisable to downplay or exaggerate the severity of your injuries to these doctors. They are trained to detect dishonesty, and could make use of this information in a trial.