What is a Personal Injury Lawsuit? If you've been injured due to another's actions or inactions, you may be entitled to compensation. To find out more about your rights under the law, contact an experienced personal injury lawyer. A personal injury lawsuit is a civil litigant in which the plaintiff seeks compensation for their losses. This includes medical expenses as well as lost wages and property damage. The process can last from several months to several years. Damages A personal injury lawsuit is a legal proceeding to force 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 accountable are known as defendants. Personal injury cases can also include cases of wrongful death when someone dies due to the negligence or wrongdoing of others. Damages are usually divided into two categories: punitive and compensatory. Compensatory damages are meant to make the victim whole again, including out-of-pocket expenses such as medical bills as well as compensation for pain and suffering. Punitive damages, which are very rare, are meant to punish the offender when they have committed a number of extreme actions. The first type of damages is typically called economic damages. This includes the cost of out-of-pocket expenses incurred due to the accident and injuries. These might include doctor's bills or hospital costs, as well as physical therapy costs. Certain claims could also include additional costs, like transportation costs to and from appointments, or home modifications to accommodate a permanent disability. Non-economic damages are also called pain and suffer damages. These are more difficult to quantify and include the emotional distress, mental anxiety and suffering that an accident can cause. Based on the severity of your injuries, your lawyer can help you place a value on the damages. This may be based on your ability to do things you did before or your loss in consortium with your family. Statute of Limitations A legal principle known as the statute of limitation obliges anyone injured in an accident should file an action before a specific date or else the claim will be dismissed. This is done to prevent evidence from being lost or lost, and to prevent people from dragging incident-related litigation out indefinitely. The exact time frame is different from state to state but personal injury claims typically have a two- to four-year time limit. However there are exceptions that may prolong the time a victim has to make a claim, and they should seek legal advice when to determine whether or not their case falls into one of these exceptions. One of the main facets of the statute of limitations is that it applies only to the filing of an action in court. Insurance claims are typically used to resolve injury cases and do not require formal lawsuits. It is important to give yourself enough time to bring a lawsuit in the event that insurance negotiations don't go as planned, or if a problem arises that cannot be resolved with insurance. Certain circumstances may stop the clock on the statute of limitations, however they are not common and have to be assessed on a case-by-case basis. For instance the statute of limitations might not begin to run until the victim discovers or reasonably should have discovered that their injuries were caused by someone else's negligence, and in some 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. The plaintiff claims that the defendant breached the duty of care, and that this breach caused harm and loss to the plaintiff and that the defendant should be held accountable for the losses. The complaint is the first document that is filed in a personal injury case. It contains detailed allegations concerning the incident that led to your injuries and the damages you want. The complaint also includes the prayer of relief which 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 has to respond to the complaint within a certain time frame, and will either admit or deny the allegations made in the complaint. The defendant can also file a counterclaim, or add another defendant to the case by naming a third party defendant. A successful personal injury lawsuit is based on solid evidence such as medical documents and testimony from witnesses. We collaborate closely with our clients to ensure that all relevant information is collected and included in the case. Killeen injury lawyer will also help us negotiate with the defendant's attorneys or insurance agents to obtain the most favorable settlement offer. Preliminary Conference In a personal-injury lawsuit, your lawyer must prove that negligence on the part of the defendant led to your accident. You must also prove that you were injured in your accident and that the injuries are worth financial compensation. It can be a lengthy process, but it is at the trial that you'll be able to determine if you be awarded the compensation you deserve. In a jury trial your lawyer will argue that the defendant is liable and has to pay for your losses. The defendant will present evidence that their actions are not related to the accident, which will prevent them from having to compensate you for your losses. Before proceeding to trial, you must attend a preliminaries conference. This is usually the first time that your case will have deadlines set by the Court itself. This is also the time where your lawyer will discuss the case with the defense. Preliminary conferences are usually conducted by a judicial registrar, or a member of the court's staff. All participants must attend the preliminary conference in person unless the case has been handled under the New York's Differentiated Case Management Rule or the Rules are otherwise exempted. If a party is unable to attend in person, they may participate via phone or internet 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 under one of three categories: advanced standard or complex. Bill of Particulars When a summons and complaint are filed, the defendant parties identified in the lawsuit are given twenty or thirty days to file an Answer (although this deadline can be extended with the court's permission). After the Answer is filed, the case is moved to what is called the discovery phase. During this time both sides exchange information in the form of written discovery demands and depositions. The lawyer of the plaintiff drafts a Bill of Particulars at the end of the discovery. This document outlines the legal claims being made and the relief requested - typically an award of money damages. The Bill of Particulars is meant to inform the defendant of the specific legal claims being made, so that they can prepare for trial. Before a Bill of Particulars can be accepted, it must be examined by the court. In general, courts will only comply with a Bill of Particulars that is not overbroad or vague. A Bill of Particulars should be limited to the specific acts of negligence being claimed and should not contain new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ), for example was a case where the court ruled that the plaintiff had not been negligent. In 1994, the court affirmed the motion to strike out the reference to willful or deliberate acts in a medical malpractice case. The court will not allow a new theory to be introduced at a point in the action that is unreasonably late. To avoid prejudice, a late amendment to a Bill of Particulars must be supported by an affidavit that gives a reasonable explanation for the delay of this amendment. Physical Exam It is possible to ask why a doctor who doesn't know you, or your medical history and is unfamiliar with the specifics of your accident, should be asked to conduct a medical examination. This type of exam, which is required by Washington law, could be beneficial to your case. IMEs are usually performed by doctors who are employed by the insurance company of the defendant. Their aim is to provide an alternative perspective on your injuries. These doctors, who are often referred to as independent are able to have their own goals and financial interests in reducing the amount of compensation that can be given to victims of injuries. Your Orange County personal injury attorney will ensure that you understand what to expect from an IME and will give the doctor with a copy of all relevant medical records. Your lawyer will be present during the IME to make sure 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 these doctors, as they are trained to spot fraud and could utilize this information against you in trial.
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