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What is a Personal Injury Lawsuit? If you've been hurt due to another's actions or inactions, you could be able to recover compensation. To find out more about your rights under the law to pursue compensation, consult a knowledgeable personal injury lawyer. A personal injury lawsuit is civil litigation in which the plaintiff seeks compensation for their losses. This includes medical expenses, lost wages and property damage. The process can take anywhere from several months to a few years. Damages A personal injury lawsuit is a process to force another person or entity to pay compensation for the damages resulting from an accident. The injured party is known as the plaintiff and the parties responsible are referred to as defendants. Personal injury cases can also include the wrongful death of a person who dies due to the inattention or negligence of others. Damages are usually divided into two categories: compensatory and punitive. Compensatory damages are intended to ensure that the victim is completely for good, including out-of-pocket costs such as medical expenses and compensation for suffering and pain. Punitive damages, which are not common, are meant to punish the wrongdoer when they have committed a number of extreme actions. The first type of damages is often referred to as “economic damages.” This covers the cost of out-of-pocket expenses incurred due to the accident and injuries. These may include hospital expenses medical expenses, doctor's charges and physical therapy costs. In certain cases other expenses such as the cost of traveling to and from appointments, or modifications made to your home due to permanent disabilities can also be included in an insurance claim. Non-economic losses are often described as “pain and suffering” damages. They are more difficult to quantify and involve the mental and emotional stress, suffering and anguish caused by accidents. Depending on the extent of your injuries, your lawyer will assist you to estimate the value of these damages. This could be based on your capacity to continue enjoying the activities you used to do or the loss of your relationship with family members. Statute of Limitations Under a legal rule called the statute of limitations, any person who is injured in an accident must file a lawsuit within a specific time period or their claim will be dismissed by the courts. This is done to stop evidence from being lost or lost, and also to stop individuals from dragging litigation relating to incidents out for a long time. The time frame for filing a claim is different from one state to another, but the majority of personal injury claims have a time frame of between two and four years. There are certain exceptions to the period for filing claims. If you need assistance to determine if your claim falls within one of these exceptions, it is recommended that you seek legal advice. One of the most important aspects of the statute of limitations is that it applies only to the filing of a lawsuit in a court. Insurance claims are often used to resolve injuries and do not require formal lawsuits. Even so, it is important to leave yourself enough time to pursue legal action in the event that insurance negotiations don't take place as planned or if there is a problem that cannot be addressed by the insurance system. Some circumstances can pause the clock on the statute of limitations, however they are not common and have to be considered on a case-by case basis. For instance the statute of limitations might not begin to run until the victim discovers or ought to have realized that their injury was caused by a negligence, and in certain states, like New York, the statute of limitations is different for claims against municipalities. Complaint A personal injury lawsuit is brought by the victim against the person who caused the injury. It claims that the defendant violated a duty of care, and that the breach caused harm and loss to the plaintiff, and that the defendant should be held accountable for the damages. The complaint is the initial document filed in a personal injury lawsuit. It provides detailed details about the incident that led to your injuries and the damages you want. The complaint also contains a “prayer for relief” which outlines what you want the court to do. The summons and complaint must be given to the defendant. After the complaint is filed, the defendant must submit an answer to the complaint within a specific time period, and they may either deny or admit the allegations in the complaint. The defendant can also file a counterclaim or add a third party defendant to the case as third party defendant. A successful personal injury lawsuit is based on solid evidence, including medical documents and testimony from witnesses. We collaborate closely with our clients to ensure that all relevant information is collected and included in the case. The evidence we gather can also assist us to negotiate with defense attorneys or insurance agents to obtain the best settlement offer. Preliminary Conference In a personal-injury lawsuit the lawyer for you must prove that negligence on the part of the defendant led to your accident. You must also prove that you suffered injuries in your accident and that the injuries are worth an amount of money. It can be a lengthy process, but it is at the trial that you'll find out if you receive the damages you are entitled to. In a trial before a jury, your lawyer will argue that the defendant is responsible and must pay you for your losses. The defendant will provide evidence that their actions do not contribute to the accident, which will prevent them from having to compensate you for your losses. Before proceeding to trial, you must attend a preliminaries conference. This is the first time your case has deadlines set by a judge. This is also the time when your attorney will be discussing the issue with the defense. A judicial registrar, or an official from the court staff, typically conducts preliminary conferences. All parties must attend the preliminary conference in person unless the case is handled by New York's Differentiated Case Management Rule or the Rules are otherwise exempted. If Rochester Hills injury attorneys cannot attend in person, they can take part via phone or online, with the consent of the convenor. If your case will be part of the Differentiated Case Management Program, the initial meeting provides an opportunity to determine whether your case falls within one of three categories: complicated or expedited standard. Bill of Particulars After the summons and complaint have been filed, the defendants named in the lawsuit will be given between twenty and thirty days (although this time frame may be extended by the court). Once the Answer has been filed, the matter moves into what is called the discovery phase. During this time, both sides exchange information in the form of written demands for discovery and depositions. After the discovery process is concluded, the plaintiff's attorney prepares what is known as a Bill of Particulars. This document outlines the legal claims being made as well as 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 examine the Bill of Particulars before it is allowed to be enforced. Generally speaking, the court will only accept a Bill of Particulars that is not overbroad or vague. A Bill of Particulars should be limited to the specific negligence that is being claimed and should not contain new claims. For example in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. In 1994, the court upheld the motion to strike out references to intentional or willful acts in a medical negligence case. Similarly, the court will not allow introduction of a new theory of recovery at an unreasonable late stage in the litigation. To avoid prejudice, a belated amendment to a Bill of Particulars should only be allowed if accompanied by an affidavit stating a reasonable excuse for the delay in the amendment. Physical Exam You may question the reason why a doctor, who doesn't know you, or your medical history and isn't familiar with the specifics of your incident, would be asked to conduct a medical exam. However, this kind of examination is actually required under Washington law, and can be helpful in your case. Typically, IMEs are conducted by medical doctors who are employed by the insurance company of the defendant and their goal is to offer an alternative view of your injuries. While they are sometimes described as “independent,” these physicians – just like the insurance companies – have their own agenda and financial interest in cutting down on the amount of compensation that may be given to a victim of injury. Your Orange County personal injury attorney will make sure you know what you can expect from an IME and will give an IME doctor with a copy of the relevant medical records. Your lawyer will be present during the IME to make sure that the questions asked by the doctor are consistent with your medical records. It is crucial to avoid playing around with the severity of your injuries with these doctors, as they are trained to recognize fraud and could use this information against you in trial.