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What is a Personal Injury Lawsuit? You could be entitled to compensation if you were injured as a result of the actions or inactions of another person. Contact an experienced personal injury attorney to learn more about your rights. A personal injury lawsuit is a civil dispute where the plaintiff is seeking money to compensate for their losses, including medical bills, lost wages, property damage and other expenses. The process can take several months to a few years. Damages A personal injury lawsuit is an action to compel a person or entity to pay compensation for the damages resulting from an accident. Augusta injury lawyers YouTube injured party is known as the plaintiff while the parties responsible are referred to as defendants. If someone dies as a result of the carelessness or infractions committed by others In wrongful deaths, the case are often included in personal injury lawsuits. Damages are usually classified into two categories: punitive and compensatory. Compensation damages can include medical bills as well as pain and loss compensation, and other out of pocket expenses. Punitive damages are uncommon and are intended to penalize the perpetrator for their extreme behavior. This category covers all costs that result from the accident or injury. This could include hospital bills, doctor's fees and physical therapy costs. In some instances other expenses such as the cost of travelling to and from appointments or modifications made to your home due to permanent disabilities may be included in the claim. Non-economic damages can also be called “pain and suffer” damages. These damages are harder to quantify and include the emotional stress and mental anguish that accidents can cause. Depending on the severity of your injuries your lawyer can help you determine the value of the damages. This may be based on your ability to do activities you used to or your loss in consortium with 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 specific time period or else their claim will be dismissed by the courts. This is to prevent evidence from being lost or forgotten and to prevent people from dragging out incident-related litigation indefinitely. The exact time limit varies from one state to another, but the majority of personal injury claims have a limit of two to four years. However, there are exceptions that can prolong the time that a victim must file their claim and they should seek legal advice when 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 is only applicable to the filing of a lawsuit in court. Many cases of injury are resolved through the process of filing an insurance claim and do not require formal lawsuit filing. It is nevertheless important to give yourself enough time to start a lawsuit in the event that negotiations with insurance aren't as smooth as you had hoped, or if a problem occurs that cannot be resolved with insurance. Certain circumstances may stop the clock on the statute of limitations, but they are not common and have to be assessed on a case-by case basis. The statute of limitations might not begin until the victim discovers or should have known that the injury was caused by another's negligence. In some states, such as New York, it is different for claims against municipalities. Complaint A personal injury lawsuit is a civil action initiated by a victim against the person or entity that caused the injury. It claims that the defendant violated the duty of care, and that the breach caused harm and loss to the plaintiff and that the defendant should be held accountable for the damages. The complaint is the initial document that is filed in a personal injury lawsuit. It contains detailed allegations regarding the incident that led to your injuries, and the damages you are seeking. The complaint also contains an “prayer of relief” which describes what you would like the court to do. The complaint and summons must be given to the defendant. After the complaint is filed, the defendant is required to respond to the complaint within a certain time period, and they will either admit or deny the allegations in the complaint. The defendant can 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 documents and witness testimony. We work closely together with our clients to collect the relevant information and incorporate it in the case. The evidence will also help us negotiate with the defendant's attorneys or insurance agents to obtain the most favorable settlement offer. Preliminary Conference In a personal injury lawsuit your lawyer must demonstrate that the defendant's negligence caused your accident. You must also prove you were injured in your accident and that these injuries are worthy of the amount of financial compensation. It can be a lengthy process however, the trial is where you will be able to determine if you'll be awarded the damages you're entitled to. In a trial before a jury, your lawyer will argue that the defendant is responsible and must pay you for the losses you suffered. The defendant will present evidence that their actions do not contribute to the accident, which will keep them from having to pay you for your losses. Before you can proceed to trial, you must attend a preliminary conference. This is the first time your case is subject to deadlines set by a court. This is also the time when your attorney will discuss the case with the defense. A judicial registrar, or an official from the court staff, typically holds preliminary conferences. All parties must attend the initial conference in person unless the case has been handled by New York's Differentiated Case Management Rule or the Rules are otherwise exempted. However, if a party cannot attend in person, they are able to participate via telephone or on the internet with the approval of the convenor. If your case is part of the Differentiated Case Management Program, an initial meeting also provides an opportunity to determine if your case falls under one of three categories: advanced standard or complex. Bill of Particulars After a summons or complaint are filed, the defendants identified in the lawsuit are given either twenty or thirty days in which to submit an Answer (although this deadline may be extended if the court gives approval). Once the Answer is filed, the case is moved into what is called the discovery phase. In this phase both parties exchange information through written demands for discovery and depositions. The lawyer of the plaintiff drafts the Bill of Particulars at the end of discovery. The document is a legal declaration of claims and the relief sought, usually an award of money damages. The Bill of Particulars is intended to put the defendant on notice of the specific legal claims being made, so that he or she can effectively prepare for trial. Before a Bill of Particulars can be accepted, it must be examined by the court. Generally speaking, the court 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 asserted, and not add any new claims. For instance, in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. In 1994, the court upheld the motion to strike out any references to willful or intentional acts in a medical malpractice case. The court will not permit a new theory to be added at an point in the case that is unreasonably late. In order to avoid resultant prejudice, a belated amendment to the Bill of Particulars should only be allowed when supported by an affidavit offering an adequate explanation for the delay in the amendment. Physical Exam If a defense attorney, or an insurance company requests that you attend an Independent Medical Examination (IME) the first reaction could be to wonder the reason why a doctor who does not know you and your medical history and the specifics of your incident is required to conduct an examination. This type of examination, which is required by Washington law, can be beneficial to your case. IMEs are usually conducted by doctors employed by the insurer of the defendant. Their aim is to offer a different view of your injuries. These doctors, who are often referred to as “independent”, have their own agendas and financial stakes 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 to expect from an IME and will provide the doctor with a copy of the relevant medical records. Your lawyer will also be present at the IME and will make sure that you are being treated fairly by ensuring that the doctors questions do not deviate from the ones in your medical records. It is crucial to avoid playing up or down the severity of your injuries to these doctors, as they are trained to spot the deceit and may use this information against you at trial.