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What is a Personal Injury Lawsuit? If you have been injured by another person's actions or inactions, you could be entitled to compensation. To learn more about your legal rights, contact an experienced personal injury lawyer. A personal injury lawsuit is a civil litigation where the plaintiff seeks compensation for their losses. This can include medical bills as well as lost wages and property damage. The process can take anywhere between a few months and several years. Damages A personal injury lawsuit is a legal proceeding to compel a person or entity to pay you compensation for the damages resulting from an accident. The plaintiff is the one who was injured, and the defendants are the ones responsible. Personal injury cases can include the wrongful death of a person who dies due to the negligence or wrongful actions of others. Damages are usually classified into two categories: punitive and compensatory. Compensation damages are designed to help the victim get back on track and regain their financial security, which includes out-of-pocket expenses such as medical bills and compensation for pain and suffering. Punitive damages are rare and designed to punish the offender for extreme behavior. The first type of damages is typically referred to as “economic damages.” This is the term used to describe any out-of-pocket costs resulting from the accident or injury. This could include doctor's fees or hospital costs, as well as physical therapy expenses. In certain cases additional expenses, such as the cost of travel to and from appointments, or changes to your home for permanent disabilities could be included in the claim. Non-economic damage can also be described as “pain and suffer” damages. These damages are more difficult to quantify, and they include the emotional distress and mental stress caused by accidents. Based on the severity of your injuries, your lawyer will help you estimate the value of these damages. This may be based on your capacity to perform the things you were previously able to do or your loss in consortium with family. Statute of limitations Under a legal rule called the statute of limitations, any person who suffers injury as a result of an accident must file a lawsuit within a specific time period or else their claim will be rejected by the courts. This is to safeguard evidence from being lost or forgotten and to prevent people from dragging out litigation related to an incident for a long time. The exact time limit is different from one state to another, but the majority of personal injury claims have a time limit of two to four years. However, there are Kalamazoo injury lawsuit that can extend the time required for a victim to submit their claim. They should seek legal advice for assistance in to determine whether or not their case falls into one of the exceptions. 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 bring a lawsuit in the event that negotiations with insurance do not go as planned or if a problem arises which cannot be resolved through insurance. Some circumstances can pause the clock on the statute of limitations, but they are extremely rare and have to be evaluated on a case-by-case basis. For instance, the statute of limitations might not start to run until the victim discovers or reasonably should have discovered that their injuries were caused by someone else's negligent actions, and in certain states, like New York, the statute of limitations is different for claims against municipalities. Complaint A personal injury lawsuit is a civil action initiated by a victim against the person or entity who caused the injury. It alleges that the defendant violated the duty of care, and that this breach caused harm and loss to the plaintiff, and that the defendant should be held accountable for the losses. The complaint is the initial document that is filed in a personal injury case. It provides detailed details about the incident that caused your injuries, and the damages you want. It also includes the “prayer for relief” which outlines what you would like the court to do. The summons and complaint must be delivered to the defendant. After the complaint is filed, the defendant has to submit an answer to the complaint within a specific timeframe, and may either deny or admit the allegations in the complaint. The defendant can also bring a counterclaim against plaintiff or bring in a different defendant as a third-party defendant. A successful personal injury lawsuit is based 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 will 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 those injuries warrant financial compensation. It's a long procedure, but it's at the trial that you will be able to determine if you receive the damages you deserve. In a jury trial your lawyer will argue that the defendant is liable and has to pay for the losses you suffered. The defendant will provide evidence to show that their actions are not connected to the accident. This will stop the defendant from paying for your losses. You must attend a pre-trial meeting before you can proceed with the trial. This is the first time that your case will be subject to deadlines imposed by a judge. This is also the time that your attorney will discuss the case with the defense. A judicial registrar, also known as an official of the court staff typically holds preliminary conferences. All participants must attend the preliminary conference in person, unless the case is handled in accordance with New York's Differentiated Case Management Rule or the Rules are exempted in other ways. However, if a party cannot attend in person, they may take part via phone or online with the approval of the convenor. If your case is going to be a part of the Differentiated Case Management program, a preliminary conference will also be a chance to determine whether your case falls under one of the three classifications which are expedited, standard or complex. Bill of Particulars When a summons and complaint are filed, the defendant parties who are named in the lawsuit have the option of having twenty or thirty days to submit an Answer (although this deadline may be extended with the court's consent). Once the Answer is 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 for the plaintiff prepares what is called a Bill of Particulars. This document outlines the legal claims being made as well as the relief sought – usually 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 is able to effectively prepare for trial. The court must examine a Bill of Particulars before it can be complied with. In general, courts will only accept a Bill of Particulars that is not vague or overly broad. A Bill of Particulars should be limited to the specific acts of negligence 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 ruled that the plaintiff was not negligent. 1994), the court sustained the motion to strike all references to intentional and willful acts from a medical negligence claim. The court will also not allow a new theory to be added at any point in the action that is unreasonably late. To avoid prejudice, a late amendment to the Bill of Particulars must be supported by an affidavit which gives a reasonable explanation of the delay of this amendment. Physical Exam If a defense attorney, or an insurance company asks you to attend an Independent Medical Examination (IME) Your first reaction might be to ask the reason why a doctor who does not know you or your medical history and the details of your incident is requested to conduct an exam. However, this kind of examination is actually a requirement under Washington law and can be helpful in your case. IMEs are typically conducted by doctors hired by the insurance company of the defendant. Their goal is to offer a different view of your injuries. These doctors, who are often referred to as “independent”, have their own goals and financial interests in reducing the compensation that is awarded to injured victims. If you choose 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 will provide copies of all relevant medical records for the doctor to examine. Your lawyer will also be present at the IME and will ensure that you are being examined in a fair manner by ensuring that the doctors questions do not deviate from the ones in your medical records. It is important to avoid playing around with the severity of your injuries with these doctors, as they are trained to recognize dishonesty and may use this information against you at trial.