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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 a third party. To learn more about your legal rights, contact an experienced personal injury lawyer. A personal injury lawsuit is civil dispute in which the plaintiff seeks compensation for their losses. This includes medical bills as well as lost wages and property damage. The process can last between a few months and several years. Damages A personal injury lawsuit is a legal action which is filed to force another person or entity, to pay you compensation for damages caused by an accident. The plaintiff is the victim, and the defendants are the parties responsible. Personal injury cases may include the wrongful death of a person who dies due to negligence or wrongdoing of others. The damages of a victim are typically divided into two categories: compensatory and punitive. Compensatory damages include medical bills as well as pain and suffering compensation and other out-of pocket expenses. Punitive damages, which are rare, are meant to punish the offender when they have committed a number of extreme crimes. The first category of damages is typically known as “economic damages.” This is the term used to describe the cost of out-of-pocket expenses incurred due to the accident or injury. These might include doctor's bills or hospital costs, as well as physical therapy costs. In some instances other expenses such as the cost of traveling to and from appointments, or modifications to your home for permanent disabilities may be included in the claim. Non-economic losses are often called “pain and suffering” damages. These damages are harder to quantify, and include the emotional distress and mental stress that an accident can cause. Depending on the severity of your injuries, your lawyer will assist you to determine the value of these damages. This might be based on your ability to continue enjoying the activities you were previously able to enjoy or the loss of your relationship with family members. Statute of Limitations A legal principle known as the statute of limitation requires that anyone who is injured in an accident file a lawsuit before a certain date or else their claim will be dismissed. This is done to prevent evidence from being lost or lost and to stop people from dragging incident-related litigation out indefinitely. The exact time limit varies from one state to another, but most personal injury claims have a time limit of two to four years. However there are exceptions that can extend the amount of time required for a victim to file their claim and they should seek legal advice for assistance in to determine if your case falls under one of the exceptions. The statute of limitations only applies to lawsuits filed in court. Insurance claims are usually used to resolve injuries and do not require formal lawsuits. It is nevertheless important to give yourself enough time to bring a lawsuit in the event that negotiations with insurance aren't as smooth as you had hoped, or if a problem occurs which cannot be resolved through insurance. Certain circumstances may stop the clock on the statute of limitations, but they are rare and need to be assessed on a case by case basis. For example the statute of limitations might not start running until a victim discovered or reasonably should have discovered that their injury was caused by someone else's negligence, and in some 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 party who caused the injury. The plaintiff claims that the defendant breached a duty of care, that the breach caused harm and losses to the plaintiff and that the defendant is accountable for the damages. The first document filed with a personal injury lawsuit is referred to as the complaint, and it includes specific allegations regarding the incident that led to your injuries and outlines the damages you're seeking. The complaint also contains 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 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 all 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 depends on solid evidence including medical documents and testimony from witnesses. We work closely together with our clients to collect all relevant information and include it in the case. The evidence we gather can also assist us to negotiate with the defendants' lawyers or insurance agents to obtain the best settlement offer. Preliminary Conference In a personal injury case the attorney for you must prove that the defendant's negligence caused your accident. You must also prove you suffered injuries in your accident and that these injuries are worthy of the amount 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 trial before a jury, your lawyer will argue that the defendant is accountable and is required to compensate you for your losses. Yuma injury lawyers You Tube will provide evidence to show that their actions were unrelated to the accident. This will prevent the defendant from paying for your losses. You must attend a pre-trial discussion before you can proceed with the trial. This is usually the first time that your case will have deadlines set by the Court itself. This is also the time when your attorney will discuss the case with the defense. A judicial registrar, or a member of the court's staff, typically conducts preliminary conferences. All participants must attend the preliminary conference in person unless the case is handled under 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 may permit them to participate via phone or via the internet. If your case is going to be part of the Differentiated Case Management program, an initial conference can provide an opportunity to determine whether your case falls under one of the three categories that are expedited, standard, or complex. Bill of Particulars After a complaint and summons are filed, the defendants named in the lawsuit have the option of having twenty or thirty days to file an Answer (although this deadline can be extended if the court gives permission). Once the Answer is filed, the case is moved to what is known as the discovery phase. During this stage both parties exchange information via written discovery demands and depositions. The plaintiff's lawyer prepares a Bill of Particulars at the end of discovery. The document details the legal claims being made and the relief sought, usually an award of money damages. The Bill of Particulars is meant to inform the defendant of the specific legal claims being made, to help them prepare for trial. Before a Bill of Particulars can be accepted, it must be examined by the court. In general, a court will only accept the Bill of Particulars if it isn't vague or overly broad. A Bill of Particulars should be limited to the specific negligence that is being claimed and should not add new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ) for instance was a case in which the court ruled that the plaintiff was not negligent. In 1994, the court upheld the motion to strike all references to intentional or willful acts in a medical malpractice case. The court will not permit a new theory to be added at an stage in the litigation that is unreasonablely late. To avoid causing prejudice any late amendment to a Bill of Particulars must be supported by an affidavit which gives a reasonable explanation for the tardiness of the amendment. Physical Examination When a defense attorney or insurance company demands that you take part in an Independent Medical Examination (IME) the first reaction could be to wonder the reason why a doctor who does not know you, your medical history, and the specifics of your incident is required to conduct an examination. However, this kind of examination is actually a requirement under Washington law, and it could be beneficial to your case. Typically, IMEs are conducted by doctors medical who are hired by the insurance company representing the defendant and their goal is to provide a different perspective on your injuries. These physicians, who are often referred to as “independent” are able to have their own agendas and financial interests in reducing the compensation that can be paid to victims. Your Orange County personal injury attorney will ensure that you are aware of what you can expect from an IME and will give an IME doctor with a copy of all relevant medical records. Your lawyer will also be present at the IME and can ensure that you are being examined in a fair manner by ensuring that the doctors questions do not deviate from the ones in your medical records. Do not underplay or exaggerate the severity of your injury to these doctors. They are trained to detect fraudulent behavior, and can utilize this information in court.