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What is a Personal Injury Lawsuit? If you've been injured through the actions or inactions, you may be entitled to compensation. To find out more about your legal rights to pursue compensation, consult a knowledgeable personal injury lawyer. A personal injury lawsuit is civil dispute in which the plaintiff seeks compensation for their loss. This includes medical bills, lost wages and property damage. The process can last from a few months to a few years. Damages A personal injury lawsuit is a process to compel another person or entity to pay compensation for the damage caused by an accident. The plaintiff is the victim and the defendants are accountable. If someone dies as the result of inattention or negligence of others the wrongful death case may be part of personal injury claims. Damages are usually divided into two categories: compensatory and punitive. Compensatory damages are meant to make the victim whole for good, including out-of-pocket costs like medical bills and compensation for suffering and pain. Punitive damages, which are not common and are intended to punish the wrongdoer for committing extreme actions. This category covers all costs incurred as a result of the injury or accident. This could include doctor's fees or hospital costs, as well as physical therapy expenses. In some cases other expenses such as the cost of traveling to and from appointments or modifications made to your home for permanent disabilities could be included in a claim. Non-economic damages are also described as “pain and suffer” damages. These damages are more difficult to quantify, and include the emotional stress and mental anguish caused by accidents. Based on the severity of your injuries, your lawyer will assist you to place a value on the damages. Boulder injury lawsuit could be based on the ability to carry out the activities you used to or your loss of a relationship with your family. Statute of limitations A legal rule known as the statute of limitation obliges anyone injured in an accident file a lawsuit before a certain date or the claim will be dismissed. This is to stop evidence from being forgotten or lost and to stop those who delay bringing litigation related to an incident out for a long time. The exact length of time for filing a claim differs from state to state but personal injury claims typically have a two- to four-year limitation. However there are exceptions that can prolong the time that a victim must submit their claim. They should seek legal advice for help determining whether or not their case falls into one of these exceptions. The statute of limitations only applies to lawsuits filed in court. A majority of injuries cases are resolved through the process of filing an insurance claim and do not require formal lawsuit filing. But, it's important to leave yourself enough time to file a lawsuit in the event that insurance negotiations don't take place as planned or if an issue arises that cannot be easily addressed through the insurance system. A few circumstances can pause the clock of the statute of limitations however these cases are very rare and have to be evaluated on a case-by-case basis. The statute of limitations may not start until the person discovers or should have known that the injury was caused by someone else's negligence. In some states, like New York, it is different for claims made against municipalities. Complaint A personal injury lawsuit is filed by the victim against the party who caused the injury. It claims that the defendant breached their duty of care and that the breach caused loss and harm to the plaintiff. The defendant is then held accountable for the losses. The first document filed with a personal injury lawsuit is called the complaint, and it contains specific details about the incident that led to your injuries. It also lists the damages you seek. It also contains a “prayer for relief” that outlines what you would like the court to do. The complaint must be served on the defendant along with a summons, which is a notice that they are being sued. After the complaint is filed, the defendant has to submit an answer to the complaint within a specified timeframe, and must either accept or deny the allegations in the complaint. The defendant can also make a counterclaim against the plaintiff or bring in another defendant as a third-party defendant. A successful personal injury lawsuit is built on solid evidence, which includes medical documents and witness testimony. We work closely with our clients to ensure that all relevant information is collected and included in the case. The evidence we have will also help us to negotiate with the defense attorneys or insurance agents to get the best possible 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 you were injured in your accident and that the injuries are worth the amount of financial compensation. This can be a long process however, the trial is where you can finally determine whether you'll get the damages you deserve. In a jury trial your lawyer will argue that the defendant is liable and is required to compensate you for the losses you suffered. The defendant will present evidence to prove that their actions were not related to the accident. This will stop them from settling your losses. Before proceeding to trial, you must attend a preliminaries conference. This is typically the first time your case will be subject to deadlines that are set by the Court itself. This is also the time where your lawyer will discuss the case with the defense. Preliminary conferences are typically conducted by a judicial registrar or someone on the court's staff. Unless the case is being handled under New York's Differentiated Case Management Rule, or otherwise exempted from the Rules, all parties are required to be present in person. If a party is unable to attend in person, the convenor is able to permit them to participate via phone or online. If your case is part of the Differentiated Case Management Program, an initial meeting also provides an opportunity to determine if your case falls into one of three categories namely complicated or expedited standard. Bill of Particulars After a complaint and summons are filed, the defendants named in the lawsuit have twenty or thirty days to file an Answer (although this deadline may be extended if the court gives permission). Once the Answer is filed, the matter moves into the discovery phase. In this phase the parties exchange information in the form of written discovery demands and depositions. After the discovery process is concluded The attorney for the plaintiff prepares what is called a Bill of Particulars. The document details legal claims and the relief sought – typically 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 can be complied with. In general, the court will only accept a Bill of Particulars if it is not vague or overbroad. A Bill of Particulars should be limited to the specific acts of negligence asserted and should not include 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 out references to intentional or willful actions in a medical malpractice case. The court will also not allow a new doctrine to be introduced at a point in the action that is unreasonable late. To avoid adverse consequences, a late amendment to a Bill of Particulars should only be allowed when supported by an affidavit offering an acceptable explanation for the lateness of the amendment. Physical Examination If a defense attorney, or an insurance company asks you to attend an Independent Medical Examination (IME) Your first reaction may be to question the reason a doctor who may not know you and your medical history and the particulars of your incident is asked to conduct an exam. This type of examination is required under Washington law, can be beneficial to your case. Typically, IMEs are conducted by medical doctors who are employed by the insurance company representing the defendant and their goal is to provide a different view of your injuries. Although they are often called “independent,” these physicians, just like insurance companies – have their own agenda and financial motives in cutting down on the amount of compensation that could be granted to a victim who has been injured. If you choose to undergo an IME, your Orange County personal injury lawyer will ensure that you are fully informed about what to expect and will provide a copy of all relevant medical records for the doctor to examine. Your lawyer will also be present at the IME and will make sure that you are examined fairly by ensuring that the questions of the doctor do not diverge from those in your medical records. It is crucial to avoid playing up or down the extent of your injuries with the doctors, since they are trained to spot dishonesty and may utilize this information against you in trial.