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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 a third party. To learn more about your rights under the law get in touch with a seasoned personal injury lawyer. A personal injury lawsuit is civil litigation in which the plaintiff seeks compensation for their loss. This includes medical expenses as well as lost wages and property damage. The process can last from several months to several years. Damages A personal injury lawsuit is a legal proceeding that is used to compel another person, or entity, to pay you for damages resulting from an accident. The party who suffered the injury is known as the plaintiff, while the parties accountable are known as defendants. When someone dies as a result of carelessness or infractions committed by others, wrongful death cases may be part of personal injury claims. Damages are usually divided into two categories: punitive and compensatory. Compensatory damages are meant to make the victim whole for good, including out-of-pocket costs such as medical bills as well as compensation for pain and suffering. Punitive damages are uncommon and are designed to punish the wrongdoer for extreme conduct. This category includes all expenses that result from the injury or accident. These could include doctor's bills, hospital costs and physical therapy costs. Certain claims could also include additional expenses, such as transportation costs to and from appointments, or modifications to your home to accommodate a disability that is permanent. Non-economic damage can also be referred to by the term “pain and suffer” damages. These damages are harder to quantify, and they include the emotional distress and mental anguish that accidents can cause. Depending on the extent of your injuries, your lawyer will assist you to estimate the value of these damages. This might be based on the ability to participate in activities that you were previously able to enjoy or your loss of consortium with family members. Statute of Limitations A legal requirement, known as the statute of limitations, any person who is injured in an accident must file a lawsuit within a specified time or their claim will be rejected by the courts. This is done to stop evidence from being lost or lost, and also to stop people from dragging incident-related litigation out indefinitely. The exact length of time for filing a claim differs from state to state but personal injury claims typically have a two-to four-year limit. However, there are exceptions that may extend the amount of time required for a victim to make a claim, and they should seek legal advice for assistance in to determine if their case falls within one of the exceptions. The statute of limitations is only applicable to lawsuits filed in court. Insurance claims are usually used to settle injury cases and do not require formal lawsuits. But, it's important to leave yourself plenty of time to take legal action just in case insurance negotiations fail to follow the plan or there is a problem that cannot be addressed by the insurance system. Certain circumstances may stop the clock on the statute of limitations, but they are rare and need to be assessed on a case-by case basis. The statute of limitations may not start until the person is aware or should have known that the injury was caused by someone else's negligence. In certain states, like New York, it is different for claims made 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 held responsible for these damages. The complaint is the primary document filed in a personal injury case. It includes specific allegations regarding the incident that led to your injuries as well as the damages you are seeking. The complaint also includes the “prayer of relief” that outlines what you would like the court to do. The summons and complaint must be handed over to the defendant. After the complaint is filed, the defendant has to file an answer to the complaint within a certain time period, and they may either deny or admit the allegations in the complaint. The defendant may 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 gathered and included in the case. The evidence we gather can also assist us to negotiate with defendants' attorneys or insurance agents to get the best possible settlement offer. Preliminary Conference In a personal-injury case the lawyer for you must prove that negligence on the part of the defendant led to your accident. Portsmouth injury attorneys must also prove that you suffered injuries from your accident, and that the injuries you sustained are worthy of financial compensation. It's a long procedure, 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 has to pay for your losses. The defendant will present evidence that their actions are unrelated to the accident, which prevents them from having to compensate you for your losses. Before proceeding to trial, you must attend a preliminary conference. This is the first time your case is subject to deadlines set by a judge. This is also the time when your lawyer will discuss the case with the defense. A judicial registrar, or an individual of the court staff usually conducts preliminary conferences. All parties must attend the preliminary conference in person, unless the case is handled under the New York's Differentiated Case Management Rule or the Rules are exempted in other ways. If a party cannot attend in person, they can participate via telephone or on the internet, with the consent of the convenor. If your case is to be part of the Differentiated Case Management program, the preliminary conference will be an opportunity to identify whether your case falls into one of the three categories – expedited, standard or complex. Bill of Particulars After a summons or complaint are filed, the defendants named in the lawsuit have either twenty or thirty days in which to file an Answer (although this deadline may be extended if the court gives permission). After the Answer is filed, the case moves into what is known as the discovery phase. In this period both sides exchange information in the form of written discovery demands and depositions. Following the conclusion of discovery the attorney representing the plaintiff drafts what is known as a Bill of Particulars. The document details legal 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 he or she can effectively prepare for trial. Before a Bill of Particulars can be followed, it has to be examined by the court. Generally speaking, the court will only accept a Bill of Particulars that is not vague or overly 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 ruled in favor of the motion to strike references to willful and intentional acts from a medical malpractice claim. The court will not allow a new theory to be added at any point in the case that is unreasonably late. To avoid adverse consequences, a late amendment to the Bill of Particulars should only be permitted if supported by an affidavit that provides an adequate explanation for the delay in the amendment. Physical Exam You may question why a doctor, who isn't familiar with you or your medical history, and isn't familiar with the details of your accident, should be asked to conduct a medical examination. However, this type of exam is actually an obligation under Washington law, and it could be beneficial to your case. Typically, IMEs are conducted by medical doctors who are employed by the defendant's insurance company and aim to provide a different perspective to your injuries. Although they are sometimes described as “independent,” these physicians, just like insurance companies – have their own agenda and financial motives in decreasing the amount of compensation that can be awarded to an injured victim. If you decide to undergo an IME the Orange County personal injury lawyer will make sure that you are aware of what to expect. They will provide a copy of all relevant medical records to the doctor to review. Your lawyer will be present during the IME to make sure that the questions asked by the doctor are consistent with your medical records. It is crucial to avoid playing with the severity of your injuries with these doctors, as they are trained to spot fraud and could make use of this information against you in trial.