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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 a civil action where the plaintiff is seeking compensation for their losses, which include medical expenses, lost wages, property damage, and other costs. The process can take anywhere from several months to a few years. Damages A personal injury lawsuit is a legal proceeding to compel another person or entity to pay you compensation for the damages resulting from an accident. The plaintiff is the victim and the defendants are the parties responsible. Personal injury cases may include cases of wrongful death when someone dies because of the inattention or negligence of others. Damages are usually classified into two categories: compensatory and punitive. Compensation damages can include medical bills as well as pain and loss compensation and other out-of pocket expenses. Punitive damages, which are very rare and are intended to punish the perpetrator when they have committed a number of extreme actions. The first category of damages is usually called “economic damages.” This is the term used to describe all out-of-pocket expenses associated with the accident or injury. This could include hospital bills, doctor's fees and physical therapy costs. In certain cases, additional expenses like the cost of traveling to and from appointments, or changes to your home for permanent disabilities can also be included in a claim. Non-economic damage can also be referred to by the term “pain and suffer” damages. They are more difficult to quantify and include the emotional distress, mental anxiety and suffering that accidents can cause. Based on the severity of your injuries your lawyer will help you determine the value of these damages. This could be based on the ability to participate in activities that you previously enjoyed or your loss of consortium with family members. Statute of limitations A legal rule known as the statute of limitations stipulates that anyone injured in an accident must file a lawsuit before a certain date or their claim will be dismissed. Arvada injury lawyers YouTube is to stop evidence from being forgotten or lost, and also to stop those who delay bringing litigation related to an incident out for an indefinite period. The exact duration of time is different from state to state, however personal injury claims generally have a two- to four-year limitation. However, there are exceptions that can prolong the time a victim has to submit their claim. They should seek legal advice for help to determine whether or not their case falls into one of these exceptions. One of the most important aspects of the statute of limitations is that it applies only to the filing of a lawsuit in court. Insurance claims are often used to resolve injury cases and do not require formal lawsuits. It is still important to give yourself enough time to file a lawsuit in the event that insurance negotiations aren't as smooth as you had hoped, or if there is a problem which cannot be resolved through insurance. Certain circumstances can stop the clock of the statute of limitations, but these instances are rare and generally need to be evaluated on an individual case-by-case basis. For example the statute of limitations may not begin to run until a victim discovered or should have reasonably discovered that their injuries were caused by another person's 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 brought by an injured person against the person or entity who caused the injury. The plaintiff claims that the defendant violated their duty of care, and that this breach resulted in loss and harm to the plaintiff. The defendant is then held accountable for the losses. The first document you file with a personal injury lawsuit is referred to as the complaint, and it contains detailed allegations about the incident that caused your injuries. It also outlines the damages you are seeking. The complaint also includes an “prayer of relief” that outlines what you would like the court to do. The complaint must be served on the defendant along with a summons that is a notice that they are being sued. After the complaint is filed, the defendant is required to submit an answer to the complaint within a certain time frame, and will either admit or deny the allegations in the complaint. The defendant can also make a counterclaim against the plaintiff or introduce another defendant 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 collect all relevant information and then include it in the case. The evidence will also help us negotiate with the attorney of the defendant or insurance agents to obtain the most favorable settlement offer. Preliminary Conference In a personal injury lawsuit your lawyer must demonstrate that the negligence of the defendant caused your accident. You must also prove that you suffered injuries in your accident and that your injuries are worth 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 a jury trial your lawyer will argue that the defendant is accountable and has to pay for the losses you suffered. The defendant will provide evidence that their actions do not contribute to the accident, which will keep them from having to compensate you for your losses. You must attend a pre-trial discussion before you can proceed with the trial. This is typically the first time that your case will have deadlines set by the Court itself. This is also when your lawyer will discuss the matter with the defense. A judicial registrar, also known as an individual from the court staff, typically holds preliminary conferences. If the case is handled under New York's Differentiated Case Management Rule, or if it is exempted from the Rules, all parties are required to be present in person. If a person is unable to attend in person, the convenor is able to permit them to participate via telephone or online. If your case is part of the Differentiated Case Management Program, the initial meeting provides an opportunity to determine whether your case falls within one of three categories: expedited standard or complex. Bill of Particulars When a summons and complaint are filed, the defendants who are named in the lawsuit have the option of having twenty or thirty days to file an Answer (although this deadline may be extended if the court gives approval). After the Answer is filed, the case is moved to what is known as the discovery phase. During this time the parties exchange information in the form of written demands for discovery and depositions. The plaintiff's lawyer prepares the Bill of Particulars at the end of discovery. The document details legal claims and 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 review the Bill of Particulars before it can be complied with. 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 acts of negligence claimed and should not contain new claims. For instance in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. In 1994, the court affirmed the motion to strike out references to intentional or willful acts in a medical malpractice case. Similarly, the court will not allow addition of a new theory of recovery at an unreasonable late stage in the case. To avoid causing prejudice an amendment made late to the Bill of Particulars must be supported by an affidavit that provides a reasonable explanation for the delay of this amendment. Physical Exam If a defense attorney, or an insurance company demands that you attend an Independent Medical Examination (IME) Your first reaction could be to wonder the reason a doctor who may not know you and your medical history and the particulars of your injury is requested to conduct an exam. However, this kind of exam is actually required under Washington law, and could be beneficial to your case. IMEs are usually conducted by doctors employed by the defendant’s insurance company. Their goal is to provide an alternative view of your injuries. These physicians, who are sometimes called “independent” are able to have their own goals and financial interests in reducing the compensation that is given to victims of injuries. If you choose to undergo an IME the Orange County personal injury lawyer will ensure that you are well-informed about what to expect. They will provide copies of all relevant medical records to the doctor to examine. Your lawyer will also be present at the IME and can ensure that you are examined with respect and courtesy by ensuring that doctors ' questions aren't divergent from those in your medical records. You should not downplay or exaggerate the severity of your injuries to these doctors. They are trained to detect fraudulent behavior, and can use this information at trial.