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What is a Personal Injury Lawsuit? If you have been injured through the actions or inactions, you could be eligible for compensation. To learn 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 seeks compensation for their losses. This includes medical expenses or lost wages, as well as property damage. The process can run between a few months and several years. Damages A personal injury lawsuit is a legal proceeding that is used to compel another person, or entity to compensate you for damages resulting from an accident. The injured party is known as the plaintiff and the responsible parties are called defendants. When someone dies as a result of negligence or wrongdoing by others the wrongful death case are often included in personal injury lawsuits. The damages a victim suffers are usually divided into two categories which are: punitive and compensatory. Compensation damages are based on medical bills, pain and suffering compensation, and other out of pocket expenses. Punitive damages, which are very rare, are meant to punish the offender for committing extreme acts. The first category of damages is usually referred to as “economic damages.” This is the term used to describe any out-of-pocket costs resulting from the accident or injury. These might include doctor's bills as well as hospital expenses and physical therapy expenses. Certain claims could also include additional costs, like travel costs to and from appointments, or the need to modify your home to accommodate a disability that is permanent. Non-economic damages are often referred to as “pain and suffering” damages. These damages are difficult to quantify, and include the emotional distress and mental stress that an accident can cause. Your lawyer can help you evaluate these damages based upon the extent of your injury. This may be based on your ability to carry out the activities you used to or your loss of consortium with your family. Statute of limitations A legal requirement known as the statute of limitations requires that anyone who is injured in an accident must file an action before a specific date or their claim will be dismissed. This is done to prevent evidence from being forgotten or lost and to stop people from dragging incident-related litigation out for an indefinite period. The exact duration of time varies from state to state but personal injury claims typically have a two-to four-year limitation. There are some exceptions to the time period for filing a claim. If you need help determining if your case is one of these exceptions, then it is recommended that you 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 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 bring a lawsuit in the event that negotiations with insurance aren't as smooth as you had hoped, or if a problem occurs that cannot be resolved with insurance. Certain circumstances may stop the clock of the statute of limitations however these cases are extremely rare and need to be analyzed on an individual case-by-case basis. For instance, the statute of limitations might not begin to run until a victim discovered or should have reasonably discovered that their injuries were caused by someone else'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 filed by the victim against the person who caused the injury. It claims that the defendant breached their duty of care and this breach caused loss and harm to the plaintiff. The defendant is then held accountable for the losses. The first document filed with a personal injury lawsuit is known as the complaint. It contains specific details about the incident that caused your injuries. It also lists the damages you are seeking. Newport News injury attorney includes the “prayer of relief” which outlines what you would like the court to do. The complaint and summons must be delivered to the defendant. The defendant must respond to the complaint within specific deadlines and either admit or deny the allegations in the complaint. The defendant can also file a counterclaim or add a third party defendant to the case as third party defendant. A successful personal injury lawsuit is built on solid evidence, including medical records and witness testimony. We work closely with our clients to ensure that all relevant information is collected and included in the case. The evidence will also assist us negotiate with the attorney for the defendant or insurance companies to negotiate the best settlement possible. Preliminary Conference In a personal-injury lawsuit your lawyer must show that negligence on the part of the defendant led to your accident. You must also prove that you suffered injuries as a result of 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 be able to determine if you get the compensation you are entitled to. In the case of a trial before the jury the lawyer will argue the defendant's responsibility and the need to pay for your losses. The defendant will present evidence that their actions are not related to the accident, which will keep them from having to pay you for your losses. Before you can proceed to trial, you must attend a preliminaries conference. This is the first time that your case is subject to deadlines set by a judge. This is also the time when your attorney will discuss the matter with the defense. Preliminary meetings are usually held by a judicial registrar or an individual from the court's staff. Unless the case is handled in accordance with New York's Differentiated Case Management Rule, or if it is exempted from the Rules, all participants are required to attend in person. If a party is not able to attend in person, the convenor may permit them to attend via phone or online. If your case is going to be a part of the Differentiated Case Management program, a preliminary conference will also provide an opportunity to determine whether your case falls within one of the three classifications which are expedited, standard or complex. Bill of Particulars When a summons and complaint are filed, the defendant parties identified in the lawsuit are given the option of having twenty or thirty days to file an Answer (although this deadline may be extended with the court's consent). Once the Answer has been filed, the case is moved into the discovery phase. In this period the parties exchange information in the form of written demand for discovery and depositions. Following the conclusion of discovery The attorney for the plaintiff prepares what is called a Bill of Particulars. The document details legal claims and the relief sought, usually an award of money damages. The Bill of Particulars is intended to put the defendant on notice of the specific legal claims being made, so that he or she is able to effectively prepare for trial. The court must review a Bill of Particulars before it is allowed to be enforced. In general, courts will only abide by 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 include any new claims. For example, in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. In 1994, the court upheld the motion to strike out any references to willful or intentional acts in a medical malpractice case. The court will not permit a new theory to be added at a stage in the litigation that is unreasonably late. To avoid adverse consequences, a late amendment to a Bill of Particulars should only be allowed if accompanied by an affidavit offering an acceptable explanation for the delay in the amendment. Physical Exam It is possible to ask the reason why a doctor, who doesn't know you or your medical history and isn't familiar with the details of your accident, should be asked to conduct a medical exam. However, this kind of examination is actually a requirement under Washington law, and it can be helpful in your case. IMEs are typically conducted by doctors employed by the defendant’s insurance company. They are there to offer a different view of your injuries. These physicians, who are sometimes referred to as “independent” and have their own agendas and financial stakes in reducing the amount of compensation that is awarded to injured victims. If you decide to undergo an IME If you decide to undergo an IME, your Orange County personal injury lawyer will ensure that you are fully informed about what to expect and provide a copy of all relevant medical records to the doctor to examine. Your lawyer will be present during the IME to make sure that the questions asked by the doctor are in line with your medical records. It is essential to avoid playing up or down the severity of your injuries to the doctors, since they are trained to spot dishonesty and may use this information against you at trial.