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What is a Personal Injury Lawsuit? You may be entitled to compensation if you have suffered injuries due to the actions or inactions of a third party. To learn more about your legal rights get in touch with a seasoned personal injury lawyer. A personal injury lawsuit is a civil dispute where the plaintiff is seeking money to compensate for their losses, which include medical expenses, lost wages, property damage and other expenses. The process can last from a few months to a few years. Damages A personal injury lawsuit is a legal process that is used to force another individual or entity, to pay you compensation for damages caused by an accident. The plaintiff is the injured party and the defendants are responsible. If someone dies as the result of the carelessness or infractions committed by others the wrongful death case may be part of personal injury lawsuits. Damages are usually divided into two categories: compensatory and punitive. Compensation damages are designed to help the victim get back on track for good, including out-of-pocket costs like medical bills as well as compensation for pain and suffering. Punitive damages are rare and are designed to punish the perpetrator for their extreme behavior. The first category of damages is often known as “economic damages.” This is the term used to describe any out-of-pocket costs resulting from the accident and injuries. These might include doctor's bills, hospital costs and physical therapy expenses. In some cases, additional expenses like the cost of traveling to and from appointments, or modifications to your home to accommodate permanent disabilities can also be included in an insurance claim. Non-economic damages are also described as “pain and suffer” damages. These damages are more difficult to quantify, and they include the emotional distress and mental stress caused by accidents. Your lawyer will help you value these damages based on the severity of your injury. This could be based on the ability to participate in activities that you used to do or the loss of your relationship with family members. Statute of limitations A legal requirement known as the statute of limitations requires that anyone who is injured in an accident should file an action within a specified date or else their claim will be dismissed. This is done to prevent evidence from being forgotten or lost, and also to stop individuals from dragging litigation relating to incidents out for a long time. The exact duration of the time limit varies from one state to another, but most personal injury claims have a time limit of two to four years. There are certain exceptions to the limit for filing claims. If you need help in determining whether your case is one of these exceptions, then it is recommended to seek legal advice. One of the main facets of the statute of limitations is that it only applies to the filing of a lawsuit in a court. Insurance claims are usually used to resolve injury cases and do not require formal lawsuits. Even so, it is important to leave yourself enough time to pursue legal action just in case insurance negotiations don't follow the plan or there is a problem that cannot be resolved through the insurance system. Certain circumstances may stop the clock on the statute of limitations, but they are extremely rare and have to be assessed on a case-by-case basis. For instance the statute of limitations may not start to run until the victim discovers or should have reasonably discovered 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 a civil case filed by an injured party against the person or entity who caused the injury. It asserts that the defendant breached their duty of care, and that this breach caused damage and losses for the plaintiff. The defendant is then accountable for the damages. The first document you file with a personal injury lawsuit is referred to as the complaint. It contains detailed allegations about the incident that led to your injuries. It also lists the damages you're seeking. The complaint also contains a “prayer for relief” that outlines what you would like the court to do. The complaint must be served to the defendant with a summons which is a notification that they are being sued. After the complaint is filed, the defendant must respond to the complaint within a specified timeframe, and must either accept or deny the allegations in the complaint. The defendant may also file a counterclaim against the plaintiff or bring in a different defendant as third-party defendant. A successful personal injury lawsuit relies on solid evidence including medical records and testimony from witnesses. We work closely with our clients to gather all relevant information and include it in the case. The evidence we collect can also assist us to negotiate with the defendants' attorneys or insurance agents to obtain the best settlement offer. Preliminary Conference In a personal injury case the attorney for you must prove that the negligence of the defendant caused your accident. You must also prove that you suffered injuries due to your accident and that your injuries are a valid reason for financial compensation. It's a long process, but it is at the trial that you will finally know if you will get the compensation you are entitled to. In a trial before a jury your lawyer will argue that the defendant is at liability and that they must be held accountable for your losses. The defendant will argue that their actions are unrelated to the accident, which prevents them from having to reimburse you for your losses. Atlanta injury lawyer must attend a pre-trial discussion before you can proceed with the trial. This is the first time your case is subject to deadlines set by a judge. It is also the time where your attorney will discuss the case with the defense. A judicial registrar, also known as an official of the court's staff, typically conducts preliminary conferences. Unless the case is handled by New York's Differentiated Case Management Rule, or otherwise exempted from the Rules the participants are required to attend in person. If a party is not able to attend in person, the convenor can permit them to participate via phone or online. If your case is going to be a part of the Differentiated Case Management program, a preliminary conference will also be a chance to determine whether your case falls under one of the three classifications which are expedited, standard or complex. Bill of Particulars After a summons or complaint are filed, the defendants identified in the lawsuit are given either twenty or thirty days in which to file an Answer (although this deadline can be extended with the court's permission). Once the Answer is filed, the case moves into what is called the discovery phase. In this phase both sides exchange information in the form of written demands for discovery and depositions. The plaintiff's lawyer prepares a Bill of Particulars at the end of discovery. The document details legal claims and the relief sought, usually an award of money damages. The Bill of Particulars is intended to inform the defendant notice of the specific legal claims being made so that they is able to effectively prepare for trial. Before a Bill of Particulars can be followed, it must be examined by the court. In general, the court will only accept a Bill of Particulars if it is not vague or overbroad. A Bill of Particulars must only include the specific acts of neglect that are being alleged and must not include new claims. For instance, in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. 1994) The court ruled in favor of the motion to strike references to willful and intentional acts from a medical negligence claim. Similarly, the court will not permit the addition of a new theory of recovery at a disproportionately late point in the action. To avoid prejudice, any late amendment to a Bill of Particulars must be supported by an affidavit which gives a reasonable explanation of the delay of this amendment. Physical Exam If a defense attorney, or an insurance company requests that you take part in an Independent Medical Examination (IME), your natural first instinct could be to wonder the reason a doctor who may not know you and your medical history and the particulars of your injury is asked to conduct an exam. But, this type of examination is actually an obligation under Washington law and could be beneficial in your case. IMEs are typically performed by doctors who are employed by the insurer of the defendant. Their goal is to provide an alternative view of your injuries. Although they are sometimes described as “independent,” these physicians – just like the insurance companies – have their own agenda and financial motives in cutting down on the amount of compensation that may be granted to a victim who has been injured. Your Orange County personal injury attorney will make sure you know what you can expect from an IME and will give a copy to the doctor of all pertinent medical records. Your lawyer will be present during the IME to ensure that the questions posed by the doctor are consistent with your medical records. You should not downplay or exaggerate the severity of your injuries to the doctors. They are trained to spot fraudulent behavior, and can use this information at trial.