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What is a Personal Injury Lawsuit? You could be eligible for compensation if you were injured as a result of the actions or inactions of someone else. 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 dispute in which the plaintiff seeks compensation for their losses, which include medical expenses, lost wages, property damage, and other costs. The process can take anywhere from several months to several years. Damages A personal injury lawsuit is an action to compel another person or entity to pay money for damages related to an accident. The plaintiff is the injured party, and the defendants are the ones responsible. Personal injury cases can include the wrongful death of a person who dies because of the negligence or wrongdoing of others. The damages of a victim are typically divided into two categories: compensatory and punitive. Compensatory damages are intended to make the victim whole again, including out-of-pocket expenses such as medical expenses and compensation for pain and suffering. Punitive damages are rare and are designed to punish the wrongdoer for extreme conduct. The first category of damages is typically known as “economic damages.” This is the term used to describe any out-of-pocket costs resulting from the accident and injuries. This could include hospital bills as well as doctor's fees and therapy costs. In certain cases additional expenses, such as the cost of traveling to and from appointments or modifications made to your home due to permanent disabilities can be included in a claim. Non-economic losses are often called “pain and suffering” damages. They are more difficult to quantify and involve the mental and emotional stress, suffering and anguish caused by accidents. Your lawyer will assist you to value these damages based on the severity of your injury. This could be based on the ability to carry out the activities you used to or your loss of consortium with your family. Statute of Limitations A legal principle known as the statute of limitation stipulates that anyone injured in an accident must file an action before a specific date or the claim will be dismissed. This is to stop evidence from being forgotten or lost, and to prevent those who delay bringing litigation related to an incident out for a long time. The exact duration of the time limit varies from one state to another, but most personal injury lawsuits have a time frame of between two and four years. However, there are exceptions that could extend the time required for a victim to submit their claim. They should seek legal advice for help 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 is only applicable to the filing of a lawsuit in court. Insurance claims are typically used to resolve injury cases and do not require formal lawsuits. However, it is important to allow yourself plenty of time to take legal action in the event that insurance negotiations don't follow the plan or there is a problem that cannot be easily addressed through the insurance system. Some circumstances can pause the clock on the statute of limitations, however they are not common and have to be evaluated on a case-by case basis. For example, the statute of limitations may not start running until a victim discovered or ought to have realized that their injuries were caused by another person's negligent actions, and in certain states, such as New York, the statute of limitations differs for claims against municipalities. Complaint A personal injury lawsuit is brought by the victim against the person who caused the injury. It claims that the defendant breached the duty of care, that this breach caused harm and loss to the plaintiff, and that the defendant should be held liable for those damages. The first document you file with a personal injury lawsuit is known as the complaint. It includes specific allegations regarding the incident that caused your injuries and outlines the damages you're seeking. The complaint also contains an “prayer of relief” which outlines what you want the court to do. The complaint must be served to the defendant with a summons that is a notice that they are being sued. The defendant must respond to the complaint within certain deadlines and either admit or deny the allegations made in the complaint. The defendant can also file a counterclaim, or add another defendant to the case as a third party defendant. A successful personal injury lawsuit is built on solid evidence, such as 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 defendants' attorneys or insurance companies to get the best possible 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 also prove you were injured in the accident and that the injuries are worthy of the amount of financial compensation. It's not an easy process, but it's at the trial that you will finally know if you will get the compensation you deserve. In a jury trial your lawyer will argue that the defendant is responsible and has to pay for your losses. The defendant will provide evidence that their actions are unrelated to the accident, which will prevent them from having to reimburse you for your losses. You must attend a pre-trial conference before you can proceed with the trial. This is typically the first time that your case will have deadlines that are set by the Court itself. It is also the time when your lawyer will discuss the case with the defense. A judicial registrar, or an individual of the court's staff, typically conducts preliminary conferences. All parties must attend the preliminary conference in person unless the case has been handled in accordance with the New York's Differentiated Case Management Rule or the Rules are otherwise exempted. If a party is unable to attend in person, the convenor is able to allow them to participate by telephone 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 under one of three categories namely expedited standard or complex. Bill of Particulars After the complaint and summons have been filed, defendants named in the lawsuit will be given between twenty and thirty days (although this time frame can be extended by the court). Once the Answer has been filed, the matter moves into what is called the discovery phase. In this period, both sides exchange information in the form of written discovery demands and depositions. The lawyer for the plaintiff prepares a Bill of Particulars at the end of discovery. This document outlines the legal claims being made as well as the relief sought – usually an award of money damages. The Bill of Particulars is intended to put the defendant on notice of the specific legal claims being filed so that they can effectively prepare for trial. St. Louis injury attorneys must review the Bill of Particulars before it can be complied with. Generally, the court will only comply with a Bill of Particulars that is not overbroad or vague. A Bill of Particulars should be limited to the specific negligence that is being 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 found that the plaintiff had not been negligent. 1994) the court granted a motion to strike all references to willful and intentional acts from a medical malpractice claim. The court will also not allow a new theory to be introduced at a point in the case that is unreasonablely late. To avoid negative consequences, an amendment made late to the Bill of Particulars should only be permitted if supported by an affidavit that provides a reasonable excuse for the delay in the amendment. Physical Exam If a defense attorney, or an insurance company demands that you take part in an Independent Medical Examination (IME) the first reaction might be to ask the reason a doctor who may not know you, your medical history, and the specifics of your incident is requested to conduct an exam. This type of examination 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 provide a different perspective to your injuries. These doctors, sometimes called “independent”, have their own agendas and financial stakes in reducing the compensation that is paid to victims. If you choose to undergo an IME the Orange County personal injury lawyer will ensure that you are aware of what to expect and will provide copies of all relevant medical records for the doctor to review. Your lawyer will also be present at the IME and will ensure that you are being treated in a fair manner by ensuring that the doctors questions do not deviate from the ones in your medical records. It is not advisable to downplay or exaggerate the severity of your injuries to these doctors. They are trained to spot fraudulent behavior, and can use this information at trial.