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What is a Personal Injury Lawsuit? You may be eligible for compensation if you were injured as a result of the actions or inactions of someone else. Contact a seasoned personal injury attorney to learn more about your rights. A personal injury lawsuit is a civil matter where the plaintiff is seeking compensation for their losses, including medical expenses, lost wages, damages to property and other expenses. The process can run from several months to several years. Damages A personal injury lawsuit is a legal proceeding which is filed 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 while the responsible parties are called defendants. When someone dies as a result of the carelessness or infractions committed by others, wrongful death cases may be part of personal injury claims. Damages are typically classified into two categories: compensatory and punitive. Compensatory damages include medical bills, pain and suffering compensation and other out-of pocket expenses. Punitive damages are rare and designed to punish the wrongdoer for extreme conduct. This category covers all expenses that result from the injury or accident. These may include hospital expenses, doctor's fees and physical therapy costs. In some cases additional expenses, such as the cost of travelling to and from appointments or modifications to your home due to permanent disabilities can also be included in a claim. Non-economic damages can also be called “pain and suffer” damages. These damages are harder to quantify, and they include the emotional distress and mental stress that an accident can cause. Your lawyer can help you evaluate these damages based upon the severity of your injuries. This could be based on your capacity to continue enjoying the activities you previously enjoyed or the loss of your relationship with family members. Statute of Limitations A legal principle known as the statute of limitations requires that anyone who is injured in an accident should file an action before a specific date or the claim will be dismissed. This is to prevent evidence from being lost or forgotten, and to stop people from carrying out incident-related litigation indefinitely. The exact duration of time differs from state to state however, personal injury claims typically have a two- to four-year limit. There are some exceptions to the time to file a claim. If you require assistance determining if your case is one of these exceptions, then it is recommended that you seek legal advice. The statute of limitations applies only to lawsuits that are filed in the court. Insurance claims are typically used to resolve injury cases and do not require formal lawsuits. However, it is crucial to give yourself plenty of time to pursue legal action just in case insurance negotiations do not take place as planned or if an issue arises that can't be easily addressed through the insurance system. Certain circumstances may stop the clock on the statute of limitations, however they are rare and need to be assessed on a case-by-case basis. For instance the statute of limitations might not begin to run until a victim has 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 is different for claims against municipalities. Complaint A personal injury lawsuit is brought by the victim against the person who caused the injury. It claims that the defendant breached their duty of care and the breach caused damage and losses for the plaintiff. The defendant is then held accountable for the losses. The first document filed with a personal injury lawsuit is referred to as the complaint. It contains detailed allegations about the incident that led to your injuries. It also lists the damages you seek. The complaint also includes an “prayer of relief” which outlines what you would like the court to do. The summons and complaint must be given to the defendant. The defendant must respond to the complaint within a set of deadlines and either admit or deny all the allegations made in the complaint. The defendant can also make a counterclaim against the plaintiff or bring in a different defendant as third-party defendant. A successful personal injury lawsuit is based on solid evidence such as 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 we collect will also help us to negotiate with defendants' lawyers or insurance agents to negotiate the most favorable settlement offer. Preliminary Conference In a personal injury case your lawyer must demonstrate that the negligence of the defendant led to your accident. You must also prove that you suffered injuries due to your accident and that the injuries you sustained are worthy of financial compensation. This can be a long process, but the trial is when you'll be able to decide if you'll receive the compensation you're entitled to. In a jury trial, your lawyer will argue that the defendant is responsible and is required to compensate you for your losses. The defendant will provide evidence to show that their actions were unrelated to the accident. Pontiac injury lawsuits www.youtube.com will stop them from settling your losses. You must attend a pre-trial conference before proceeding with the trial. This is the first time that your case has deadlines set by a court. This is also the time that your lawyer will discuss the case with the defense. A judicial registrar, or a member from the court staff, typically holds preliminary conferences. All participants must attend the preliminary conference in person unless the case has been handled by New York's Differentiated Case Management Rule or the Rules are exempted in other ways. If a party is unable to attend in person, the convenor is able to permit them to participate via telephone or online. If your case is part of the Differentiated Case Management Program, the initial meeting provides an opportunity to determine if your case falls under one of three categories namely complicated or expedited standard. Bill of Particulars After the summons and complaint have been filed, defendants named in the lawsuit will have between twenty and thirty days (although this time frame is able to be extended by the court). After the Answer is filed, the case is moved to 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 the discovery. The document details the legal claims that are being made 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 made, so that they can prepare effectively for trial. The court must review the Bill of Particulars before it is able to be followed. In general, a court will only accept a Bill of Particulars if it isn't vague or overly broad. A Bill of Particulars must only include the specific acts of neglect that are being asserted, and not add any new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ), for example, was a case where the court found that the plaintiff was not negligent. In 1994, the court affirmed the motion to strike out any references to willful or intentional actions in a medical malpractice case. Similarly, the court will not allow introduction of a new doctrine of recovery at a disproportionately late stage in the case. In order to avoid resultant prejudice, a belated amendment to a Bill of Particulars should only be allowed when supported by an affidavit that provides a reasonable excuse for the delay in the amendment. Physical Examination It is possible to ask why a doctor who isn't familiar with you or your medical history and is unfamiliar with the details of your accident, should be required to conduct a medical examination. However, this kind of exam is actually a requirement under Washington law and could be beneficial to your case. IMEs are usually conducted by doctors hired by the defendant’s insurance company. They are there to provide an alternative perspective on your injuries. Although they are sometimes referred to as “independent,” these physicians as well as insurance companies have their own agendas and financial interest in decreasing the amount of compensation that can be granted to a victim who has been injured. Your Orange County personal injury attorney will ensure that you understand what you can expect from an IME and will provide a copy to the doctor of the relevant medical records. Your lawyer will be present during the IME to ensure that the questions asked by the doctor are in line with your medical records. It is crucial to avoid playing up or down the extent of your injuries with these doctors, as they are trained to recognize dishonesty and may use this information against you in trial.