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What is a Personal Injury Lawsuit? If you've been hurt through the actions or inactions, you could be able to recover compensation. To find out more about your legal rights get in touch with a seasoned personal injury lawyer. A personal injury lawsuit is a civil litigation where the plaintiff seeks compensation for their losses. This includes medical bills, lost wages and property damage. The process can take anywhere between a few months and several years. Damages A personal injury lawsuit is a legal action that is taken to compel another person, or entity to compensate you for the damages that result from an accident. The plaintiff is the victim and the defendants are the parties accountable. Personal injury cases may include wrongful death claims when someone dies because of the inattention or negligence of others. The damages a victim suffers are usually broken down into two groups: compensatory and punitive. Compensatory damages are intended to make the victim whole for good, including out-of-pocket costs such as medical bills and compensation for suffering and pain. Punitive damages are not common and are intended to penalize the perpetrator for their extreme behavior. The first type of damages is typically known as “economic damages.” This covers any out-of-pocket costs resulting from the accident and injuries. These could include hospital bills as well as doctor's fees and therapy costs. In some instances other expenses such as the cost of travel to and from appointments or modifications made to your home due to permanent disabilities can also be included in an insurance claim. Non-economic damage can also be called “pain and suffer” damages. These damages are harder to quantify and comprise the emotional distress and mental anguish that an accident can cause. Your lawyer can help you evaluate these damages based upon the severity of your injury. It could be based on your capacity to participate in activities that you were previously able to enjoy or your loss of consortium with family members. Statute of Limitations Under a legal rule called the statute of limitations, any person who suffers an injury in an accident must bring a lawsuit within a specific time period or else their claim will be dismissed by the courts. This is done to prevent evidence from being lost or lost, and to prevent those who delay bringing litigation related to an incident out indefinitely. The exact time limit varies from one state to another, but the majority of personal injury claims have a time frame of two to four years. There are certain exceptions to the time to file a claim. If you require assistance in determining whether your case is one of these exceptions, then it is best to seek legal advice. The statute of limitations is only applicable to lawsuits that are filed in court. A majority of injuries cases are resolved through the insurance claim process and do not require formal lawsuit filing. It is nevertheless essential to allow yourself sufficient time to bring a lawsuit in the event that insurance negotiations do not 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, but they are rare and need to be considered on a case-by-case basis. For Phoenix injury attorney of limitations might not start running until a victim has discovered or ought to have realized that their injury was caused by a negligent actions. In certain states, such as New York, the statute of limitations differs for claims against municipalities. Complaint A personal injury lawsuit is filed by the victim against the party who caused the injury. The plaintiff claims that the defendant violated the duty of care, and that this breach caused harm and losses to the plaintiff, and that the defendant is accountable for the damages. The first document filed in a personal injury lawsuit is called the complaint. It contains detailed allegations about the incident that caused your injuries. It also outlines the damages you're seeking. The complaint also includes an “prayer of relief” which describes what you would like the court to do. The complaint must be served to the defendant with a summons, which is a notice that they are being sued. The defendant must respond to the complaint within certain deadlines and either admit or deny the allegations contained in the complaint. The defendant can also file a counterclaim against the plaintiff or bring in another defendant as a third-party defendant. A successful personal injury lawsuit is based on solid evidence, which includes medical records and witness testimony. We collaborate closely with our clients to ensure that all relevant information is collected and included in the case. The evidence we collect will also assist us in negotiate with the defendants' lawyers or insurance agents to get the best possible settlement offer. Preliminary Conference In a personal injury case the attorney for you must prove that the negligence of the defendant led to your accident. You must also prove that you were injured in your accident and that the injuries are worth the amount of financial compensation. It can be a lengthy procedure, but it's at the trial that you will finally know if you will be awarded the compensation you are entitled to. In the trial before jurors your lawyer will argue for the defendant's liability and that they must be held accountable for your losses. The defendant will argue 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 conference prior to proceeding with the trial. This is the first time your case will be subject to deadlines imposed by a court. This is also when your attorney will be discussing the case with the defense. Preliminary conferences are usually conducted by a judicial registrar, or someone on the court's staff. If the case is handled by New York's Differentiated Case Management Rule, or is otherwise exempt from the Rules All parties are required to attend in person. If, however, a person cannot attend in person, they can take part via phone or online with the approval of the convenor. If your case is scheduled to be part of the Differentiated Case Management program, the preliminary conference will be a chance to determine whether your case falls into one of the three classifications – expedited, standard or complex. Bill of Particulars After the summons and complaint have been filed, defendants named in the lawsuit will be given between twenty and thirty days (although this timeframe may be extended by the court). After the Answer has been filed, the matter moves into the discovery phase. During this stage both parties exchange information through written demands for discovery and depositions. Following the conclusion of discovery The attorney for the plaintiff prepares what is called a Bill of Particulars. The document is a legal declaration of claims and the relief sought – typically the award of damages in cash. The Bill of Particulars is intended to put the defendant on notice of the specific legal claims being made, so that he or she is able to effectively prepare for trial. Before a Bill of Particulars can be followed, it has to be reviewed by the court. Generally, the court will only comply with a Bill of Particulars that is not vague or overly broad. A Bill of Particulars must only include the specific acts of negligence that are being claimed and must not include new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ) for instance was a case where the court ruled that the plaintiff had not been negligent. In 1994, the court affirmed the motion to strike out the reference to willful or deliberate acts in a medical negligence case. In the same way, the court will not permit the introduction of a new theory of recovery at an unreasonable late stage in the litigation. To avoid causing prejudice any late amendment to a Bill of Particulars must be supported by an affidavit that provides a reasonable explanation for the tardiness of the amendment. Physical Examination When a defense attorney or insurance company asks you to take part in an Independent Medical Examination (IME) Your first reaction may be to question the reason why a doctor who does not know you or your medical history and the details of your incident is required to conduct an examination. This type of examination is required under Washington law, could be beneficial to your case. Typically, IMEs are conducted by doctors medical who are hired by the defendant's insurance company and their goal is to provide a different perspective to your injuries. These doctors, often referred to as “independent”, have their own agendas and financial interests in reducing the amount of compensation which 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 the doctor with a copy of the relevant medical records. Your lawyer will be present during the IME to ensure that the questions posed by the doctor are in accordance with your medical records. It is important to avoid playing with the severity of your injuries with these doctors, as they are trained to recognize dishonesty and may utilize this information against you at trial.