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What is a Personal Injury Lawsuit? If you have been injured due to another's actions or inactions, you may be able to recover compensation. To learn more about your legal rights, contact an experienced personal injury lawyer. A personal injury lawsuit is a civil dispute in which the plaintiff seeks money to compensate for their losses, such as medical expenses, lost wages, damages to property and other expenses. The process can take anywhere from several months to several years. Damages A personal injury lawsuit is a legal proceeding that is taken to force another person or entity to pay you for damages resulting from an accident. The plaintiff is the one who was injured and the defendants are the ones accountable. Personal injury cases can include the wrongful death of a person who dies because of the negligence or wrongful actions of others. Damages are usually classified into two categories: compensatory and punitive. Compensation damages can include medical bills as well as pain and suffering compensation and other out-of pocket expenses. Punitive damages are not common and designed to punish the wrongdoer for extreme conduct. The first type of damages is usually referred to as “economic damages.” This is the term used to describe the cost of out-of-pocket expenses incurred due to the accident or injury. This could include doctor's fees as well as hospital expenses and physical therapy expenses. Certain claims could also include additional costs, like travel costs to and from appointments or modifications to your home to accommodate a permanent disability. Non-economic losses are often called “pain and suffering” damages. They are more difficult to quantify and involve the emotional distress, mental anxiety and suffering that an accident can cause. Your lawyer will help you value these damages based on the severity of your injury. This could be based on the ability to do activities you used to or your loss of consortium with family. Statute of limitations In a legal rule known as the statute of limitations, any person who is injured in an accident must file a lawsuit within a specified time or the claim will be dismissed by the courts. This is to prevent evidence from being lost or lost in the shuffle and to prevent people from dragging out incident-related litigation indefinitely. The exact duration of time varies from state to state, however personal injury claims generally have a two-to four-year time limit. However there are exceptions that may extend the time that a victim must file their claim and they should seek legal advice for assistance in to determine whether or not their case falls within one of these exceptions. The statute of limitations is only applicable to lawsuits that are filed in court. Many cases of injury are resolved through the process of filing an insurance claim and do not require formal lawsuit filing. It is still important to allow yourself enough time to bring a lawsuit in the event that negotiations with insurance don't go as planned, or if a problem arises which cannot be resolved through insurance. Certain circumstances can stop the clock on the statute of limitations, but they are extremely rare and have to be evaluated on a case-by case basis. The statute of limitations might not start until the person realizes or should have realized that the injury was caused by another's negligence. In some states, such as New York, it is different for claims that are made against municipalities. Complaint A personal injury lawsuit is brought by a victim against the person who caused the injury. It claims that the defendant violated their duty of care, and that the breach caused harm and losses for the plaintiff. The defendant is then held accountable for the losses. The first document filed with a personal injury lawsuit is known as the complaint. It contains specific details about the incident that caused your injuries. It also lists the damages you are seeking. The complaint also includes a “prayer of relief” that outlines what you would like the court to do. The summons and complaint must be given to the defendant. The defendant must respond to the complaint within specific deadlines and either admit or deny all 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 relies on solid evidence, including medical records and testimony from witnesses. We collaborate closely with our clients to ensure that all relevant information is collected and included in the case. The evidence we gather will also help us to negotiate with defendants' attorneys or insurance agents 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 led to 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 can be a lengthy process, but it is at the trial that you'll finally know if you will get the compensation 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 to prove that their actions are not connected to the accident. This will prevent them from settling your losses. You must attend a pre-trial meeting before proceeding with the trial. 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 that your attorney will discuss the case with the defense. A judicial registrar, or an official of the court's staff, usually conducts preliminary conferences. Unless the case is being handled in accordance with New York's Differentiated Case Management Rule, or is otherwise exempt from the Rules the parties are required to be present in person. If a party is unable to attend in person they are able to participate via telephone or on the internet with the approval of the convenor. If your case is going to be part of the Differentiated Case Management program, the preliminary conference will be an opportunity to identify whether your case falls under one of the three categories – expedited, standard or complex. Bill of Particulars After the complaint and summons have been filed, the defendants named in the lawsuit will have twenty to thirty days (although this time frame is able to be extended by the court). After the Answer is filed, the case moves into what is known as the discovery phase. During YouTube in the form of written demand for discovery and depositions. The lawyer of the plaintiff drafts the Bill of Particulars at the conclusion of the discovery. The document details legal claims and the relief sought, usually the award of damages in cash. The Bill of Particulars is intended to put the defendant on notice of the specific legal claims being made, so that they is able to effectively prepare for trial. The court must look over a Bill of Particulars before it is allowed to be enforced. Generally, the court will only accept a Bill of Particulars that is not vague or overly broad. A Bill of Particulars must only include the specific acts of neglect that are being claimed and not include any new claims. For instance in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. In 1994, the court upheld the motion to strike out the reference to willful or deliberate actions in a medical malpractice case. Similarly, the court will not allow addition of a new theory of recovery at an unreasonably late stage in the case. To avoid prejudice, a belated amendment to a Bill of Particulars should only be permitted if supported by an affidavit offering an adequate explanation for the lateness of the amendment. Physical Examination If a defense attorney, or an insurance company asks you to take part in an Independent Medical Examination (IME), your natural first instinct could be to wonder the reason a doctor who may not know you, your medical history, and the details of your incident is required to conduct an examination. 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 offer an alternative view of your injuries. Although they are sometimes called “independent,” these physicians, just like insurance companies have their own agendas and financial interest in cutting down on the amount of compensation that could be granted to a victim who has been injured. Your Orange County personal injury attorney will make sure you know what to expect from an IME and will provide an IME doctor with a copy of all relevant medical records. Your lawyer will be present during the IME to ensure that the questions asked by the doctor are in accordance with your medical records. It is important to avoid playing with the extent of your injuries with these doctors, as they are trained to recognize fraud and could use this information against you in trial.