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What is a Personal Injury Lawsuit? If you've been hurt through the actions or inactions, you could be entitled to 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 action where the plaintiff is seeking money to cover their losses, including medical bills, lost wages property damage and other expenses. The process can last from several months to several years. Damages A personal injury lawsuit is an action to compel another person or entity to pay you compensation for the damages resulting from an accident. The injured party is known as the plaintiff, while the parties responsible are referred to as defendants. Personal injury cases can include the wrongful death of a person who dies due to negligence or wrongdoing of others. The damages of a victim are typically divided into two categories: compensatory and punitive. Compensation damages are based on medical bills as well as pain and suffering compensation, and other out-of-pocket expenses. Punitive damages are uncommon and designed to punish the perpetrator for their extreme behavior. This category covers all costs that result from the accident or injury. These could include hospital bills medical expenses, doctor's charges and physical therapy costs. In some instances, additional expenses like the cost of travelling to and from appointments or modifications to your home for permanent disabilities may be included in the claim. Non-economic losses are often described as “pain and suffering” damages. They are more difficult to quantify and include the mental and emotional stress, suffering and anguish that accidents can cause. Depending on the severity of your injuries, your lawyer will help you determine the value of these damages. This could be based on the capacity to perform the things you were previously able to do or your loss in consortium with family. Statute of Limitations A legal principle known as the statute of limitations requires that anyone who is injured in an accident should file an action before a specific date or the claim will be dismissed. This is done to prevent evidence from being lost or lost, and to prevent individuals from dragging litigation relating to incidents out for a long time. The exact duration of the time limit differs from one state another, but most personal injury claims have a time frame of between two and four years. However there are exceptions that may extend the time that a victim must submit their claim. They should seek legal advice for assistance in to determine whether or not their case falls within one of the exceptions. One of the main facets of the statute of limitations is that it only applies to the filing of a lawsuit in court. Insurance claims are typically used to settle injury cases and do not require formal lawsuits. Even so, it is crucial to give yourself plenty of time to file a lawsuit in the event that insurance negotiations don't 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 situations are extremely rare and need to be considered on an individual case-by-case basis. The statute of limitations might not begin until the victim realizes or should have realized that the injury was caused by another's negligence. In Baytown injury lawsuits , like New York, it is different for claims that are made against municipalities. Complaint A personal injury lawsuit is a civil case brought by an injured person against the person or entity that caused the injury. It claims that the defendant breached their duty of care, and that this breach resulted in damage and losses for the plaintiff. The defendant is held responsible for these damages. The first document you file with a personal injury lawsuit is known as the complaint. It includes specific allegations regarding the incident that led to your injuries. It also outlines the damages you seek. The complaint also includes the “prayer of relief” which describes what you would like the court to do. The complaint must be served on the defendant along 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 certain time frame, and may either deny or admit the allegations made 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 built on solid evidence, including medical records and witness testimony. We work closely with our clients to ensure that all relevant information is gathered and included in the case. The evidence we gather will also help us to negotiate with defendants' attorneys or insurance companies to negotiate the most favorable settlement offer. Preliminary Conference In a personal injury case the attorney for you must prove that the defendant's negligence caused your accident. You must also prove that you were injured in your accident and that these injuries are worthy of financial compensation. This can be a long process, but the trial is where you will be able to determine if you'll receive the compensation you're entitled to. In a jury trial your lawyer will argue that the defendant is liable and is required to compensate you for your losses. The defendant will provide evidence to show that their actions were not related to the accident. This will prevent the defendant from paying for your losses. Before you can proceed to trial, you must attend a preliminary conference. This is often the first time your case will be subject to deadlines that are set by the Court itself. This is also the time where your attorney will discuss the case with the defense. A judicial registrar, or an official from the court staff, usually conducts preliminary conferences. All parties must attend the preliminary conference in person, unless the case is handled in accordance with New York's Differentiated Case Management Rule or the Rules are otherwise exempted. However, if a party is unable to attend in person, they are able to take part via phone or online with the approval of the convenor. If your case will be part of the Differentiated Case Management Program, an initial meeting also provides an opportunity to determine if your case falls within one of three categories namely complicated or expedited standard. Bill of Particulars After a summons or complaint are filed, the defendant parties identified in the lawsuit are given twenty or thirty days to submit an Answer (although this time frame can be extended if the court gives approval). When the Answer is filed, the case enters what is known as the discovery phase. During this time, both sides exchange information in the form of written demands for discovery and depositions. At the conclusion of discovery, the plaintiff's attorney prepares what is known as a Bill of Particulars. This document provides the legal claims being made and the relief requested – typically the award of damages in cash. The Bill of Particulars is intended to inform the defendant notice of the specific legal claims being filed so that they is able to effectively prepare for trial. The court must look over a Bill of Particulars before it is able to be followed. 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 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 a motion to strike all references to intentional and willful acts from a medical negligence claim. The court will not allow a new doctrine to be introduced at any stage in the litigation that is unreasonably late. To avoid causing prejudice a late amendment to the Bill of Particulars must be supported by an affidavit that gives a reasonable explanation of the tardiness of the amendment. Physical Exam It is possible to ask why a doctor, who isn't familiar with you or your medical history, and isn't familiar with the details of your accident, would be asked to conduct a medical examination. But, this type of examination is actually a requirement under Washington law and can be helpful to your case. IMEs are usually conducted by doctors employed by the insurance company of the defendant. Their goal is to provide an alternative view of your injuries. These physicians, who are sometimes referred to as “independent” and have their own goals and financial interests in reducing the amount of compensation which is given to victims of injuries. If you choose to undergo an IME the Orange County personal injury lawyer will make sure that you are fully informed about what to expect and will provide the complete set of medical records for the doctor to examine. Your lawyer will be present during the IME to ensure that the questions asked by the doctor are consistent with your medical records. It is important to not play up or down the severity of your injuries to the doctors, since they are trained to spot fraud and could utilize this information against you in trial.