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What is a Personal Injury Lawsuit? If you have been injured through the actions or inactions, you may be eligible for compensation. To find out 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 loss. This can include 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 a legal proceeding which is filed to compel another person, or entity, to pay you for the damages that result from an accident. The plaintiff is the victim, and the defendants are the parties accountable. Personal injury cases can also include the wrongful death of a person who dies due to negligence or wrongdoing of others. The damages a victim suffers are usually broken down into two groups: compensatory and punitive. Compensatory damages include medical bills as well as pain and loss compensation, and other out-of-pocket expenses. Punitive damages are rare and are designed to punish the offender for extreme behavior. This category includes all expenses that result from the injury or accident. These could include hospital bills as well as doctor's fees and therapy costs. In some cases additional expenses, such as the cost of travelling to and from appointments, or modifications to your home to accommodate permanent disabilities can be included in a claim. Non-economic losses are often referred to as “pain and suffering” damages. These damages are more difficult to quantify, and include the emotional stress and mental anguish that an accident can cause. Based on the severity of your injuries your lawyer will help you place a value on the damages. This could be based on the ability to continue enjoying the activities you previously enjoyed or your loss of connection with family members. Statute of limitations In a legal rule known as the statute of limitations, anyone who suffers an injury in an accident must bring a lawsuit within a specified time or the claim will be rejected by the courts. This is done to stop evidence from being forgotten or lost, and also to stop people from dragging incident-related litigation out for a long time. The exact length of time for filing a claim varies between states, but personal injury claims typically have a two- to four-year limit. However there are exceptions that may prolong the time that a victim must make a claim, and they should seek legal advice for help to determine if your case falls under one of these exceptions. The statute of limitations applies only to lawsuits that are filed in court. Insurance claims are usually used to resolve injury cases and do not require formal lawsuits. It is important to give yourself enough time to bring a lawsuit in the event that insurance negotiations aren't as smooth as you had hoped, or if a problem arises that cannot be resolved with insurance. Certain circumstances can stop the statute of limitations clock however these cases are rare and generally need to be analyzed on a case-by-case basis. The statute of limitations might not be established 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 that are made against municipalities. Complaint A personal injury lawsuit is a civil suit filed by an injured party against the person or entity who caused the injury. It claims that the defendant violated a duty of care, that this breach caused harm and loss to the plaintiff, and that the defendant should be held liable for those damages. The first document filed in a personal injury lawsuit is referred to as the complaint. It includes specific allegations regarding the incident that caused your injuries. It also outlines the damages you're seeking. The complaint also includes an “prayer of relief” which outlines what you would like the court to do. The complaint and summons must be handed over to the defendant. The defendant must respond to the complaint within a set of deadlines and either admit or deny all the allegations in the complaint. Yakima injury attorneys You Tube can also file a counterclaim, or add another defendant to the case as third party defendant. A successful personal injury lawsuit is based on solid evidence, including medical records and witness testimony. We work closely together with our clients to collect all relevant information and include it in the case. The evidence we collect can also assist us to negotiate with defense attorneys or insurance companies to negotiate the most favorable settlement offer. Preliminary Conference In a personal injury lawsuit, your attorney must prove that the negligence of the defendant led to your accident. You must also prove you were injured in the accident and that the injuries are worthy of the amount of financial compensation. It's a long process, but it is at the trial that you'll be able to determine if you receive the damages you deserve. In a trial before a jury, your lawyer will argue that the defendant is accountable and has to pay for your losses. The defendant will provide evidence that their actions are not related to the accident, which will keep them from having to pay you for your losses. You must attend a pre-trial conference prior to proceeding with the trial. This is the first time that your case will be subject to deadlines imposed by a judge. It is also the time where your attorney will discuss the case with the defense. Preliminary conferences are usually conducted by a judicial register or a member of the court's staff. Unless the case is being handled in accordance with New York's Differentiated Case Management Rule, or if it is exempted from the Rules All parties are required to attend in person. If, however, a person is unable to attend in person, they are able to take part via phone or online with the permission of the convenor. If your case is going to be part of the Differentiated Case Management program, a preliminary conference will also provide an opportunity to determine whether your case falls within one of the three classifications which are expedited, standard or complex. Bill of Particulars After a summons or complaint are filed, the defendant parties identified in the lawsuit are given either twenty or thirty days in which to respond (although this time frame can be extended if the court gives consent). Once the Answer is filed, the matter moves into the discovery phase. In this phase the parties exchange information in the form of written demands for discovery and depositions. At the conclusion of discovery The attorney for the plaintiff prepares what is called a Bill of Particulars. This document outlines the legal claims being made 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 being made, so that they can prepare for trial. The court must look over a Bill of Particulars before it is able to be followed. In general, the court will only abide by the Bill of Particulars if it is not vague or broad. A Bill of Particulars must only include the specific acts of negligence that are being alleged and not include any new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ) for instance, was a case where the court found that the plaintiff had not been negligent. In 1994, the court upheld the motion to strike all references to intentional or willful acts in a medical malpractice case. Similarly, the court will not allow introduction of a new theory of recovery at a disproportionately late point in the action. To avoid prejudice, an amendment made late to the Bill of Particulars must be supported by an affidavit, which gives a reasonable explanation of the delay of this amendment. Physical Exam You might be wondering why a doctor who isn't familiar with you or your medical history, and isn't familiar with the details of your accident, would be asked to conduct a medical examination. But, this type of examination is actually an obligation under Washington law, and it could be beneficial to your case. Typically, IMEs are conducted by medical doctors who are employed by the defendant's insurance company and their aim is to offer an alternative perspective on your injuries. While they are sometimes referred to as “independent,” these physicians as well as insurance companies have their own agendas and financial motives in reducing the amount of compensation that can be awarded to an injured victim. If you choose to undergo an IME the Orange County personal injury lawyer will make sure that you are fully informed about what to expect and will provide a copy of all relevant medical records for the doctor to review. Your lawyer will also be present at the IME and will make sure that you are being examined in a fair manner by ensuring that the questions of the doctor do not diverge from the ones you have in your medical records. It is not advisable to downplay or exaggerate the severity of your injury to these doctors. They are trained to spot fraudulent behavior, and can utilize this information in court.