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What is a Personal Injury Lawsuit? If you've been injured due to another's actions or inactions, you may be able to recover compensation. To find out more about your rights under the law, contact an experienced personal injury lawyer. A personal injury lawsuit is a civil dispute where the plaintiff is seeking money to compensate for their losses, which include medical bills, lost wages, property damage, and other costs. The process can take anywhere from several months to a few years. Damages A personal injury lawsuit is a legal action that is taken to force another person or entity, to pay you for the damages that result from an accident. The plaintiff is the one who was injured, and the defendants are the ones accountable. If someone dies as the result of negligence or wrongdoing by others In wrongful deaths, the case are often included in personal injury lawsuits. Damages are usually divided into two categories: punitive and compensatory. Compensatory damages include medical bills, pain and suffering compensation, and other out of pocket expenses. Punitive damages, which are very rare and are intended to punish the offender if they have committed extreme crimes. The first type of damages is usually called “economic damages.” This covers all out-of-pocket expenses associated with the accident or injury. These could include doctor's bills as well as hospital expenses and physical therapy costs. In some cases, additional expenses like the cost of travelling to and from appointments or changes to your home for permanent disabilities may be included in the claim. Non-economic damages are also called “pain and suffer” damages. youtube.com are more difficult to quantify and include the mental and emotional stress, anxiety and suffering that an accident can cause. Your lawyer will assist you to evaluate these damages based upon the severity of your injuries. 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 A legal rule known as the statute of limitation requires that anyone who is injured in an accident must file a lawsuit before a certain date or else their claim will be dismissed. This is done to prevent evidence from being forgotten or lost, and to prevent people from dragging incident-related litigation out for a long time. The exact duration of the time limit is different from one state to another, but the majority of personal injury claims have a time frame of between two and four years. However, there are exceptions that can prolong the time that a victim must submit their claim. They should seek legal advice when to determine whether or not their case falls into one of the exceptions. The statute of limitations is only applicable to lawsuits filed in court. Insurance claims are often used to resolve injuries and do not require formal lawsuits. It is nevertheless important to allow yourself enough time to file a lawsuit in the event that negotiations with insurance do not go as planned or if there is a problem that cannot be resolved with insurance. Certain circumstances can stop the clock on the statute of limitations however, these situations are extremely rare and need to be evaluated on an individual case-by-case basis. For example, the statute of limitations may not begin to run until a victim has discovered or should have reasonably discovered that their injury was caused by another person's negligence, and 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. The plaintiff claims that the defendant breached their duty of care and that this breach caused damage and losses for the plaintiff. The defendant is then held responsible for these damages. The first document filed in a personal injury lawsuit is called the complaint, and it contains specific details about the incident that led to your injuries and outlines the damages you're seeking. The complaint also includes the “prayer of relief” which describes what you would like the court to do. The complaint must be served on the defendant along with a summons, which is a notice that they are being sued. After the complaint is filed, the defendant has to submit an answer to the complaint within a specified timeframe, and must either accept or deny the allegations made in the complaint. The defendant can also file a counterclaim, or add a third party defendant to the case as a third party defendant. A successful personal injury lawsuit is built on solid evidence, which includes medical documents 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 have can also assist us to negotiate with the defense attorneys or insurance companies to obtain the best settlement offer. Preliminary Conference In a personal injury lawsuit your lawyer must demonstrate that the negligence of the defendant caused your accident. You must be able to prove that you sustained injuries from your accident, and that your injuries are a valid reason for financial compensation. This can be a long process however, the trial is when you can finally determine whether you'll be awarded the damages you're entitled to. In a jury trial your lawyer will argue that the defendant is accountable and is required to compensate you for your losses. The defendant will provide evidence to show that their actions were not related to the accident. This will stop them from paying you for your losses. You must attend a pre-trial conference before you can proceed with the trial. This is usually the first time your case will have deadlines established by the Court itself. This is also the time where your lawyer will discuss the case with the defense. Preliminary meetings are usually held by a judicial registrar, or a member of the court's staff. Unless the case is being handled by the New York's Differentiated Case Management Rule, or otherwise exempted from the Rules the parties are required to be present in person. However, if a party is unable to attend in person they are able to participate via phone or internet, with the consent of the convenor. If your case is to be a part of the Differentiated Case Management program, an initial conference can provide an opportunity to determine whether your case falls within one of the three classifications that are expedited, standard, or complex. Bill of Particulars After the summons and complaint have been filed, defendants named in the lawsuit will be given twenty to thirty days (although this time frame can be extended by the court). After the Answer has been filed, the case is moved into the discovery phase. In this phase both parties exchange information via written demands for discovery and depositions. The plaintiff's lawyer prepares a Bill of Particulars at the end of the discovery. This document outlines legal claims and the relief sought – typically an award of money damages. The Bill of Particulars is intended to inform the defendant notice of the specific legal claims being filed so that he or she can prepare effectively for trial. The court must examine a Bill of Particulars before it is allowed to be enforced. In general, the court will only accept the Bill of Particulars if it is not vague or broad. A Bill of Particulars should be limited to the specific acts of negligence being asserted and should not include new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ), for example was a case in which the court concluded that the plaintiff was not negligent. In 1994, the court upheld the motion to strike all any references to willful or intentional acts in a medical negligence case. Similarly, the court will not allow the introduction of a new theory of recovery at an unreasonable late point in the action. To avoid causing prejudice an amendment made late to a Bill of Particulars must be supported by an affidavit which provides a reasonable explanation for the delay of this amendment. Physical Exam It is possible to ask why a doctor who isn't familiar with you or your medical history and isn't familiar with the specifics of your accident, would be required to conduct a medical exam. This type of examination is required by Washington law, could be beneficial to your case. IMEs are usually conducted by doctors employed by the defendant’s insurance company. They are there to provide an alternative view of your injuries. These doctors, sometimes called “independent” are able to have their own goals and financial interests in reducing the amount of compensation that is given to victims of injuries. Your Orange County personal injury attorney will ensure that you understand what you can expect from an IME and will give a copy to the doctor of the relevant medical records. 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. You should not downplay or exaggerate the severity of your injury to these doctors. They are trained to spot dishonesty, and could use this information at trial.