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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 eligible for compensation. Contact an experienced personal injury lawyer to find out more about your rights. A personal injury lawsuit is a civil action in which the plaintiff seeks compensation for their losses, such as medical bills, lost wages property damage, and other costs. The process can last from a few months to several years. Damages A personal injury lawsuit is an action to compel another person or entity to pay compensation for the damages resulting from an accident. The injured party is known as the plaintiff and the parties accountable are known as defendants. Personal injury cases can also include cases of wrongful death when someone dies because of the negligence or wrongdoing of others. A victim's damages are typically broken down into two groups which are: punitive and compensatory. Compensatory damages include medical bills as well as pain and suffering compensation, and other out of pocket expenses. Punitive damages, which are very rare and are intended to punish the wrongdoer when they have committed a number of extreme acts. The first category of damages is often called “economic damages.” This is the term used to describe all out-of-pocket expenses associated with the accident and injuries. These could include hospital bills medical expenses, doctor's charges and physical therapy costs. In some cases, additional expenses like the cost of travelling to and from appointments or modifications made to your home for permanent disabilities could be included in a claim. Non-economic damages can also be referred to by the term “pain and suffer” damages. These damages are harder to quantify, and they include the emotional stress and mental anguish that an accident can cause. Your lawyer can help you value these damages based on the extent of your injury. Omaha injury attorneys could be based on the ability to participate in activities that you previously enjoyed or the loss of your relationship with family members. Statute of limitations A legal principle known as the statute of limitations stipulates that anyone injured in an accident must file a lawsuit before a certain date or else the claim will be dismissed. This is done to prevent evidence from being lost or lost and to stop individuals from dragging litigation relating to incidents out for a long time. The exact duration of time is different from state to state but personal injury claims typically have a two- to four-year limit. However there are exceptions that could extend the amount of time required for a victim to file their claim and they should seek legal advice for help to determine if their case falls within 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 a court. Insurance claims are usually used to resolve injuries and do not require formal lawsuits. It is important to give yourself enough time to bring a lawsuit in the event that insurance negotiations do not go as planned or if a problem occurs which cannot be resolved through insurance. A few circumstances can pause the statute of limitations clock, but these instances are very rare and have to be analyzed on a case-by-case basis. For instance the statute of limitations may not begin to run until the victim discovers or ought to have realized that their injuries were caused by another person's negligent actions. In certain states, like New York, the statute of limitations is different for claims against municipalities. Complaint A personal injury lawsuit is a civil suit brought by an injured person against the person or entity who caused the injury. It claims that the defendant violated their duty of care, and that this breach resulted in damage and losses for the plaintiff. The defendant is then held accountable for the losses. The first document filed in a personal injury lawsuit is known as the complaint, and it contains specific details about the incident that caused your injuries. It also outlines the damages you seek. The complaint also includes an “prayer of relief” which describes what you want 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. The defendant must respond to the complaint within a set of 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 by naming 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 gathered and included in the case. The evidence 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 case the attorney for you must prove that the negligence of the defendant caused your accident. You must also prove you suffered injuries in your accident and that the injuries are worth an amount of money. It's a long procedure, but it's at the trial that you'll be able to determine if you get the compensation you deserve. In a trial before jurors your lawyer will argue that the defendant is at liability and that they must pay for your losses. The defendant will provide evidence to show that their actions were unrelated to the accident. This will prevent them from settling your losses. You must attend a pre-trial discussion before you can proceed with the trial. This is often the first time your case will be subject to deadlines established by the Court itself. It is also the time that 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 is handled in accordance with New York's Differentiated Case Management Rule or the Rules are exempted in other ways. If a party is not able to attend in person, the convenor can permit them to participate via telephone or online. If your case will be part of the Differentiated Case Management Program, the initial meeting provides an opportunity to determine whether your case falls within one of three categories: advanced standard or complex. Bill of Particulars After the summons and complaint are filed, the defendants named in the lawsuit will be given twenty to thirty days (although this timeframe can be extended by the court). When the Answer is filed, the case moves into what is known as the discovery phase. In this period both sides exchange information in the form of written demand for discovery and depositions. At the conclusion of discovery the attorney representing the plaintiff drafts what is called a Bill of Particulars. The document details the legal claims that are being made and the relief requested – typically the award of damages in cash. The Bill of Particulars is meant to inform the defendant of the specific legal claims made, to help them prepare for trial. Before a Bill of Particulars can be accepted, it must be scrutinized by the court. 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 in which the court concluded that the plaintiff was not negligent. 1994) the court granted a motion to strike all references to intentional and willful actions from a medical malpractice claim. The court will not allow the addition of a new theory of recovery at an unreasonable late stage in the case. To avoid prejudice, an amendment made late to the Bill of Particulars must be supported by an affidavit, which gives a reasonable explanation of the lateness of this amendment. Physical Exam If a defense attorney, or an insurance company requests that you attend an Independent Medical Examination (IME) Your first reaction might be to ask the reason why a doctor who does not know you, your medical history, and the specifics of your injury is requested to conduct an exam. This type of exam, which is required by Washington law, could be beneficial to your case. Typically, IMEs are conducted by medical doctors who are employed by the defendant's insurance company and their aim is to offer a different view of your injuries. These doctors, sometimes referred to as “independent” and have their own agendas and financial stakes 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 you can expect from an IME and will provide a copy to the doctor of all pertinent medical records. Your lawyer will be present during the IME to make sure that the questions asked by the doctor are in line with your medical records. You should not downplay or exaggerate the severity of your injuries to the doctors. They are trained to spot fraudulent behavior, and can make use of this information in a trial.