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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 rights under the law, contact an experienced personal injury lawyer. A personal injury lawsuit is civil litigation in which the plaintiff seeks compensation for their losses. This includes medical bills as well as lost wages and property damage. The process can take anywhere from several months to several years. Damages A personal injury lawsuit is an action to compel another person or entity to pay compensation for the damage caused by an accident. The plaintiff is the victim, and the defendants are the ones responsible. If someone dies as a result of the carelessness or infractions committed by others the wrongful death case are often included in personal injury claims. The damages a victim suffers are usually broken down into two groups: compensatory and punitive. Compensation damages are based on medical bills as well as pain and loss compensation and other out-of pocket expenses. Punitive damages are not common and are intended to penalize the perpetrator for their extreme behavior. This category covers all expenses incurred as a result of the injury or accident. These may include hospital expenses, doctor's fees and physical therapy costs. In certain cases additional expenses, such as the cost of travel to and from appointments or modifications to your home due to permanent disabilities could also be included in a claim. Non-economic damages are commonly described as “pain and suffering” damages. These damages are harder to quantify, and they include the emotional stress and mental stress caused by accidents. Your lawyer can help you determine the value of these damages based on the extent of your injury. This may be based on your ability to carry out the things you did before or your loss of a relationship with your family. Statute of Limitations Under a legal rule called the statute of limitations, anyone who suffers an injury in an accident must make a claim within a specified time or else their claim will be dismissed by the courts. This is done to prevent evidence from being lost or lost, and to prevent individuals from dragging litigation relating to incidents out for a long time. The time frame for filing a claim varies from one state to another, but the majority of personal injury lawsuits have a time frame of between two and four years. There are certain exceptions to the time limit for filing claims. If you need assistance in determining whether your case is one of these exceptions, then it is recommended that you seek legal advice. The statute of limitations only applies to lawsuits that are filed in the court. Many injury cases are resolved through the process of claiming insurance and do not require formal lawsuit filing. It is still essential to allow yourself sufficient time to start a lawsuit in the event that insurance negotiations aren't as smooth as you had hoped, or if a problem occurs that cannot be resolved with insurance. A few circumstances can pause the clock on the statute of limitations, but these instances are rare and generally need to be evaluated on an individual case-by-case basis. The statute of limitation may not be established until the victim realizes or should have realized that the injury was caused by someone else's negligence. In certain states, like New York, it is different for claims that are made against municipalities. Complaint A personal injury lawsuit is a civil suit brought by an injured person against the person or entity that caused the injury. It asserts that the defendant breached their duty of care, and that the breach caused damage and losses for the plaintiff. The defendant is then held accountable for the losses. The first document you file with a personal injury lawsuit is referred to as the complaint, and it contains specific details about the incident that led to your injuries. It also lists the damages you seek. The complaint also includes the “prayer of relief” that outlines what you want the court to do. The complaint must be served on the defendant along with a summons that is a notice that they are being sued. The defendant must respond to the complaint within a set of deadlines and either admit or deny the allegations made in the complaint. The defendant can also file a counterclaim or add a third party defendant to the case by naming a third party defendant. A successful personal injury lawsuit is based on solid evidence, including medical records and witness testimony. We work closely with our clients to gather all relevant information and include it in the case. Norfolk injury lawyer gather will also assist us in negotiate with defendants' attorneys or insurance companies to get the best possible settlement offer. Preliminary Conference In a personal injury lawsuit your lawyer must demonstrate that the negligence of the defendant caused your accident. You must also prove that you were injured in the accident and that the injuries are worth the amount of financial compensation. This can be a long process, but the trial is where you'll be able to decide if you'll be awarded the damages you deserve. In the case of a trial before the jury, your lawyer will argue for the defendant's liability and that they must pay for your losses. The defendant will present evidence to prove that their actions were unrelated 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 your case has deadlines set by a judge. This is also the time when your attorney will be discussing the issue with the defense. Preliminary meetings are usually held by a judicial registrar, or someone on the court's staff. All parties must attend the initial 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. If a person is unable to attend in person, the convenor may permit them to participate via phone or via the internet. If your case will be part of the Differentiated Case Management Program, an initial meeting also provides an opportunity to determine whether your case falls within one of three categories: expedited standard or complex. Bill of Particulars After the complaint and summons have been filed, defendants named in the lawsuit will have twenty to thirty days (although this timeframe can be extended by the court). After the Answer is filed, the case moves into what is called the discovery phase. In this period both sides exchange information in the form of written demands for discovery and depositions. After the discovery process is concluded, the plaintiff's attorney prepares what is known as a Bill of Particulars. This document provides the legal claims that are being made and the relief requested – typically the award of damages in cash. The Bill of Particulars is meant to inform the defendant of the specific legal claims being made, so that they can prepare for trial. Before a Bill of Particulars can be accepted, it must be reviewed by the court. In general, courts will only comply with a Bill of Particulars that is not overbroad or vague. A Bill of Particulars must only include the specific acts of neglect that are being alleged and must not include new claims. For example, in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. 1994), the court sustained a motion to strike all references to intentional and willful actions from a medical malpractice claim. The court will not allow a new doctrine to be added at an stage in the litigation that is unreasonably late. To avoid negative consequences, an amendment made late to the Bill of Particulars should only be allowed if accompanied by an affidavit offering an adequate explanation for the lateness of the amendment. Physical Examination You may question why a doctor who doesn't know you, or your medical history, and isn't familiar with the specifics of your accident, should be asked to conduct a medical examination. This type of exam, which is required by Washington law, could be beneficial to your case. Typically, IMEs are conducted by medical doctors who are employed by the insurance company representing the defendant and their goal is to provide a different perspective on your injuries. These doctors, often referred to as “independent” and have their own agendas and financial stakes in reducing the amount of compensation which 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 aware of what to expect. They will provide copies of all relevant medical records for the doctor to review. Your lawyer will be present during the IME to make sure that the questions asked by the doctor are in accordance with your medical records. It is not advisable to downplay or exaggerate the severity of your injury to the doctors. They are trained to spot fraud, and may use this information at trial.