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What is a Personal Injury Lawsuit? You could be eligible for compensation if you have suffered injuries due to the actions or inactions of a third party. Contact a seasoned personal injury lawyer to find out more about your rights. A personal injury lawsuit is civil litigation where the plaintiff seeks compensation for their loss. This can include medical bills, lost wages and property damage. The process can run from a few 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 plaintiff is the victim, and the defendants are accountable. If someone dies as the result of the negligence or wrongdoing by others, wrongful death cases can be included in personal injury claims. The damages a victim suffers are usually divided into two categories that are punitive and compensatory. Compensatory damages are intended to ensure that the victim is completely for good, including out-of-pocket costs like medical bills as well as compensation for suffering and pain. Punitive damages are not common and are intended to penalize the offender for extreme behavior. This category covers all costs that result from the injury or accident. These may include hospital expenses, doctor's fees and physical therapy costs. Some claims could also cover additional costs, like travel costs to and from appointments or home modifications to accommodate a disability that is permanent. Non-economic damages are commonly described as “pain and suffering” damages. These damages are difficult to quantify, and they include the emotional stress and mental stress caused by accidents. Your lawyer can help you evaluate these damages based upon the severity of your injury. This might be based on your ability to participate in activities that you previously enjoyed or your loss of consortium with family members. Statute of limitations A legal rule known as the statute of limitation requires that anyone who is injured in an accident should file an action before a specific date or else their claim will be dismissed. This is to protect evidence from being lost or lost in the shuffle and to stop people from carrying out litigation related to an incident for a long time. The exact duration of time differs from state to state however, personal injury claims typically have a two- to four-year limitation. However, there are exceptions that could extend the time required for a victim to make a claim, and they should seek legal advice for help determining whether or not their case falls into one of the exceptions. One of the main facets of the statute of limitations is that it is only applicable to the filing of a lawsuit in a court. Many injury cases are resolved through the process of claiming insurance and do not require a formal lawsuit filing. It is important to allow yourself enough time to start a lawsuit in the event that insurance negotiations don't go as planned, or if a problem arises that is not resolved by insurance. Certain circumstances can stop the clock on the statute of limitations however these cases are extremely rare and need to be evaluated on an individual case-by-case basis. The statute of limitation may not start until the person 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 that are made against municipalities. Complaint A personal injury lawsuit is filed by the victim against the party who caused the injury. It asserts that the defendant breached their duty of care and that the breach caused loss and harm to the plaintiff. The defendant is held accountable for the losses. The first document filed in 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 are seeking. Fort Worth injury lawyers contains an “prayer of relief” which outlines what you want the court to do. The complaint must be served on the defendant, along with a summons which is a notification that they are being sued. After the complaint is filed, the defendant has to file an answer to the complaint within a certain time frame, and may either deny or admit the allegations made in the complaint. The defendant may also file a counterclaim or add another 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 with our clients to ensure that all relevant information is gathered and included in the case. The evidence will also assist us negotiate with the attorney of the defendant or insurance representatives to get the best settlement offer possible. Preliminary Conference In a personal-injury lawsuit, your lawyer must prove that negligence on the part of the defendant led to your accident. You must also prove that you were injured in the accident and that these injuries are worth the amount of financial compensation. It's a long procedure, but it's at the trial that you will find out if you receive the damages you are entitled to. In the case of a trial before the jury the lawyer will argue for the defendant's responsibility and the need to be held accountable for your losses. The defendant will provide evidence that their actions are not related to the accident, which will prevent them from having to reimburse you for your losses. You must attend a pre-trial meeting before proceeding with the trial. This is often the first time your case will be subject to deadlines that are set by the Court itself. This is also the time that your attorney will discuss the case with the defense. A judicial registrar, also known as a member of the court staff typically conducts preliminary conferences. All parties must attend the preliminary conference in person, unless the case is handled in accordance with the New York's Differentiated Case Management Rule or the Rules are otherwise exempted. If a party is unable to attend in person, the convenor may allow them to participate by telephone or online. If your case will be part of the Differentiated Case Management Program, the initial meeting provides an opportunity to determine if your case falls into one of three categories namely advanced standard or complex. Bill of Particulars After a complaint and summons are filed, the defendant parties who are named in the lawsuit have twenty or thirty days to submit an Answer (although this deadline may be extended if the court gives permission). Once the Answer is filed, the case enters what is known as the discovery phase. During this time the parties exchange information in the form of written discovery demands and depositions. Following the conclusion of discovery, the plaintiff's attorney prepares what is known as a Bill of Particulars. The document is a legal declaration of claims and the relief sought, usually the award of damages in cash. The Bill of Particulars is meant to inform the defendant of the specific legal claims made, to help them prepare for trial. Before a Bill of Particulars can be accepted, it must be scrutinized by the court. Generally speaking, the court will only accept a Bill of Particulars that is not vague or broad. A Bill of Particulars should be limited to the specific acts of negligence claimed and should not contain new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ) for instance, was a case where the court found that the plaintiff was not negligent. 1994), the court sustained the motion to strike all references to willful and intentional actions from a medical malpractice claim. The court will not permit a new theory to be added at an stage in the litigation that is unreasonable late. To avoid causing prejudice any late amendment to a Bill of Particulars must be supported by an affidavit, which provides a reasonable explanation for the tardiness of the amendment. Physical Exam You might be wondering why a doctor who doesn't know you or your medical history and is unfamiliar with the specifics of your accident, should be required to conduct a medical exam. This type of exam is required under Washington law, could be beneficial to your case. IMEs are typically conducted by doctors employed by the defendant’s insurance company. They are there to offer a different perspective on your injuries. These doctors, often referred to as “independent” and have their own goals and financial interests in reducing the amount of compensation that can be paid to victims. 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 also be present at the IME and will ensure that you are examined with respect and courtesy by ensuring that questions of the doctor do not diverge from those in your medical records. It is essential to not play with the severity of your injuries to the doctors, since they are trained to spot dishonesty and may make use of this information against you in trial.