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What is a Personal Injury Lawsuit? You may be entitled to compensation if you were injured as a result of the actions or inactions of a third party. Contact a knowledgeable personal injury lawyer to learn more about your rights. A personal injury lawsuit is civil litigant in which the plaintiff seeks compensation for their losses. This includes medical expenses or lost wages, as well as property damage. The process can last from a few months to several years. Damages A personal injury lawsuit is a legal proceeding to compel another person or entity to pay compensation for the damage caused by an accident. The plaintiff is the injured party and the defendants are responsible. Personal injury cases can also include wrongful death claims when someone dies because of the negligence or wrongdoing of others. The damages a victim suffers are usually divided into two categories: compensatory and punitive. Compensation damages can include medical bills, pain and suffering compensation, and other out-of-pocket expenses. Punitive damages, which are not common and are intended to punish the perpetrator for committing extreme crimes. The first type of damages is typically referred to as “economic damages.” This includes the cost of out-of-pocket expenses incurred due to the accident and injuries. This could include hospital bills as well as doctor's fees and therapy costs. In some instances, additional expenses like the cost of travelling to and from appointments or modifications made to your home for permanent disabilities may also be included in a claim. Non-economic damages can also be described as “pain and suffer” damages. These damages are more difficult to quantify and comprise the emotional distress and mental stress caused by accidents. Your lawyer will assist you to evaluate these damages based upon the severity of your injuries. This could be based on the ability to enjoy activities you previously enjoyed or your loss of consortium with family members. Statute of Limitations A legal rule known as the statute of limitation stipulates that anyone injured in an accident should file a lawsuit before a certain date or else their claim will be dismissed. St. Charles injury lawyers is to prevent evidence from being lost or forgotten and to stop people from drag out litigation relating to incidents for an indefinite period. The exact time limit differs from one state another, but most personal injury lawsuits have a time frame of between two and four years. There are certain exceptions to the time limit for filing claims. If you need help to determine if your claim falls within one of these exceptions, it is best to seek legal advice. The statute of limitations only applies to lawsuits that are filed in court. Many cases of injury are resolved through the insurance claim process and do not require formal lawsuit filing. But, it's crucial to give yourself plenty of time to pursue legal action in the event that insurance negotiations do not follow the plan or an issue arises that cannot be easily addressed through the insurance system. Certain circumstances may stop the clock on the statute of limitations however these cases are very rare and have to be considered on an individual basis. For example, the statute of limitations might not start running until a victim discovered or should have reasonably discovered that their injury was caused by a negligent actions. In certain states, like New York, the statute of limitations differs for claims against municipalities. Complaint A personal injury lawsuit is a civil suit brought by an injured person against the person or entity who caused the injury. It alleges that the defendant breached a duty of care, that the breach caused harm and loss to the plaintiff, and that the defendant is accountable for the losses. The first document filed in a personal injury lawsuit is called the complaint, and it includes specific allegations regarding the incident that led to your injuries. It also outlines the damages you're seeking. The complaint also contains an “prayer of relief” that outlines what you would like the court to do. The summons and complaint must be given to the defendant. After the complaint is filed, the defendant has to submit an answer to the complaint within a specific time frame, and must either accept or deny the allegations made in the complaint. The defendant can also make a counterclaim against the plaintiff or bring in a different defendant as third-party defendant. A successful personal injury lawsuit is based on solid evidence such as medical documents and testimony from witnesses. We work closely together with our clients to collect the relevant information and incorporate it in the case. The evidence can also help us negotiate with the attorney for the defendant or insurance representatives to get the most favorable settlement offer. Preliminary Conference In a personal injury lawsuit, your attorney must prove that the negligence of the defendant caused your accident. You must be able to prove that you sustained injuries from your accident, and that the injuries you sustained are worthy of financial compensation. It's not an easy process, but it's at the trial that you will find out if you get the compensation you are entitled to. In the case of a trial before the jury the lawyer will argue the defendant's responsibility and the need to pay for your losses. The defendant will present evidence to prove that their actions are not connected to the accident. This will prevent them from settling your losses. Before you can proceed to trial, you must attend a preliminary conference. This is the first time that your case is subject to deadlines set by a court. It is also the time where your lawyer will discuss the case with the defense. A judicial registrar, also known as an official of the court staff typically conducts preliminary conferences. Unless the case is being handled by New York's Differentiated Case Management Rule, or if it is exempted from the Rules All participants are required to attend in person. However, if a party cannot attend in person, they may take part via phone or online with the approval of the convenor. If your case will be part of the Differentiated Case Management Program, a preliminary meeting is also an opportunity to determine if your case falls into one of three categories: expedited standard or complex. Bill of Particulars After the complaint and summons have been filed, defendants named in the lawsuit will have twenty to thirty days (although this deadline may be extended by the court). Once the Answer is filed, the matter moves into the discovery phase. In this phase, both parties exchange information via written discovery demands and depositions. Following the conclusion of discovery the attorney representing the plaintiff drafts what is known as a Bill of Particulars. This document outlines legal claims and the relief sought – usually the award of damages in cash. The Bill of Particulars is intended to put the defendant on notice of the specific legal claims being filed so that he or she can effectively prepare for trial. Before a Bill of Particulars can be accepted, it must be reviewed by the court. In general, courts 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 negligence that are being alleged and not include any new claims. For instance, in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. In 1994, the court affirmed the motion to strike out any references to willful or intentional acts in a medical negligence case. In the same way, the court will not allow the introduction of a new doctrine 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 gives a reasonable explanation of the delay of this amendment. Physical Exam It is possible to ask why a doctor, who doesn't know you, or your medical history, and isn't familiar with the specifics of your incident, would be required to conduct a medical examination. But, this type of examination is actually a requirement under Washington law and could be beneficial to your case. IMEs are usually performed by doctors who are employed by the defendant’s insurance company. Their aim is to provide an alternative perspective on your injuries. These physicians, who are often referred to as “independent” and have their own agendas and financial stakes in reducing the amount of compensation which is given to victims of injuries. Your Orange County personal injury attorney will ensure that you are aware of what you can expect from an IME and will provide an IME doctor with a copy of all 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 injuries to these doctors. They are trained to detect fraud, and may make use of this information in a trial.