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What is a Personal Injury Lawsuit? You could be entitled to compensation if have suffered injuries due to the actions or inactions of someone else. Contact a knowledgeable personal injury lawyer to learn more about your rights. A personal injury lawsuit is a civil litigation where the plaintiff seeks compensation for their losses. This includes medical bills 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 a person or entity to pay you money for damages related to an accident. The plaintiff is the injured party and the defendants are the ones accountable. Personal injury cases can include cases of wrongful death when someone dies due to inattention or negligence of others. Damages are usually divided into two categories: compensatory and punitive. Compensation damages are designed to help the victim get back on track again, including out-of-pocket expenses like medical bills and compensation for suffering and pain. Punitive damages are rare and designed to punish the wrongdoer for extreme conduct. This category includes all expenses incurred as a result of the injury or accident. Lansing injury lawyer could include hospital bills medical expenses, doctor's charges and physical therapy costs. Some claims may also include additional expenses, such as travel costs to and from appointments or modifications to your home to accommodate a permanent disability. Non-economic damages are often referred to as “pain and suffering” damages. These damages are more difficult to quantify, and they include the emotional distress and mental anguish that accidents can cause. Your lawyer can help you value these damages based on the severity of your injury. This may be based on your ability to do things you did before or your loss of a relationship with family. Statute of limitations A legal requirement known as the statute of limitation stipulates that anyone injured in an accident should file an action before a specific date or else the claim will be dismissed. This is to protect evidence from being lost or lost in the shuffle and to prevent people from dragging out litigation relating to incidents for an indefinite period. The exact length of time for filing a claim is different from state to state however personal injury claims generally have a two-to four-year limitation. There are certain exceptions to the period for filing an injury claim. If you need help to determine if your claim falls within one of these exceptions, it is recommended that you seek legal advice. The statute of limitations is only applicable to lawsuits filed in the court. Insurance claims are usually used to resolve injuries and do not require formal lawsuits. But, it's important to allow yourself plenty of time to take legal action just in case insurance negotiations fail to go as planned or an issue arises that can't be easily addressed through the insurance system. Certain circumstances can stop the statute of limitations clock, but these instances are very rare and have to be evaluated on an individual case-by-case basis. For example, the statute of limitations may not begin to run until the victim discovers or should have reasonably discovered that their injuries were caused by a negligent actions. In certain states, like New York, the statute of limitations is different for claims against municipalities. Complaint A personal injury lawsuit is a civil action initiated by a victim against the person or entity that caused the injury. It alleges that the defendant violated the duty of care, and that the breach caused harm and loss to the plaintiff and that the defendant is liable for those damages. The first document filed in a personal injury lawsuit is referred to as the complaint. It contains detailed allegations about the incident that led to your injuries and outlines the damages you are seeking. The complaint also contains the “prayer of relief” that outlines what you would like the court to do. The summons and complaint should be handed over to the defendant. After the complaint is filed, the defendant has to file an answer to the complaint within a specific time period, and they may either deny or admit the allegations in the complaint. The defendant may also file a counterclaim, or add another defendant to the case as a third party defendant. A successful personal injury lawsuit is based on solid evidence, such as medical documents and witness testimony. We work closely together with our clients to gather the relevant information and incorporate it in the case. The evidence we have will also assist us in negotiate with the defendants' attorneys or insurance companies to negotiate the most favorable settlement offer. Preliminary Conference In a personal-injury case, your lawyer must prove that negligence on the part of the defendant caused your accident. You must be able to prove that you sustained injuries due to your accident and that the injuries you sustained are worthy of financial compensation. It's not an easy procedure, but it's at the trial that you'll find out if you receive the damages you deserve. In the trial before the jury your lawyer will argue that the defendant is at responsibility and the need to compensate you for your losses. The defendant will provide evidence that their actions are unrelated to the accident, which will keep them from having to compensate you for your losses. Before proceeding to trial you must attend a preliminary conference. This is the first time your case will be subject to deadlines imposed by a court. This is also the time where your lawyer will discuss the case with the defense. A judicial registrar, also known as a member of the court staff usually conducts preliminary conferences. If the case is handled by New York's Differentiated Case Management Rule, or otherwise exempted from the Rules, all parties are required to be present in person. If a person is unable to attend in person, the convenor can permit them to attend via telephone or online. If your case is to be a part of the Differentiated Case Management program, a preliminary conference will also provide an opportunity to determine whether your case falls into one of the three categories that are expedited, standard, or complex. Bill of Particulars After a summons or complaint are filed, the defendants named in the lawsuit have 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 known as the discovery phase. During this time the parties exchange information in the form of written demand for discovery and depositions. The lawyer for the plaintiff prepares a Bill of Particulars at the end of the discovery. This document outlines legal claims and the relief sought, usually the award of damages in cash. The Bill of Particulars is intended to inform the defendant notice of the specific legal claims being made so that they can 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 be able to abide by the Bill of Particulars if it isn't vague or overly broad. A Bill of Particulars must only include the specific acts of negligence that are being asserted and not include any new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ) for instance was a case where the court concluded that the plaintiff was not negligent. In 1994, the court affirmed the motion to strike all any references to willful or intentional actions in a medical malpractice case. The court will also not allow a new theory to be introduced at any stage in the litigation that is unreasonably late. In order to avoid resultant adverse consequences, a late amendment to the Bill of Particulars should only be allowed if accompanied by an affidavit stating an acceptable explanation for the delay in the amendment. Physical Examination You may question why a doctor who doesn't know you or your medical history, and isn't familiar with the details of your accident, would be asked to conduct a medical examination. This type of examination, which is required by Washington law, can be beneficial to your case. Typically, IMEs are conducted by doctors medical who are hired by the insurance company representing the defendant and their goal is to offer an alternative perspective to your injuries. Although they are sometimes referred to as “independent,” these physicians as well as insurance companies have their own agendas and financial motives in decreasing the amount of compensation that could be granted to a victim who has been injured. Your Orange County personal injury attorney will ensure that you are aware of what to expect from an IME and will provide a copy to the doctor of all pertinent medical records. Your lawyer will also be present at the IME and can ensure that you are examined in a fair manner by ensuring that the doctors questions do not deviate from the ones you have in your medical records. It is crucial to not play around with the severity of your injuries with these doctors, as they are trained to recognize the deceit and may use this information against you at trial.