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What is a Personal Injury Lawsuit? You could be eligible for compensation if you have suffered injuries due to the actions or inactions of a third party. Contact a knowledgeable personal injury lawyer to learn more about your rights. A personal injury lawsuit is a civil matter in which the plaintiff seeks money to compensate for their losses, such as medical bills, lost wages damages to property and other expenses. The process can take several months to a few years. Damages A personal injury lawsuit is an action to compel another person or entity to pay compensation for the damage caused by an accident. The plaintiff is the injured party, and the defendants are accountable. When someone dies as a result of the carelessness or infractions committed by others the wrongful death case are often included in personal injury lawsuits. The damages of a victim are typically divided into two categories which are: punitive and compensatory. Compensation damages can include medical bills as well as pain and suffering compensation and other out-of pocket expenses. Punitive damages, which are rare and are intended to punish the offender if they have committed extreme acts. 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 and injuries. This could include hospital bills as well as doctor's fees and therapy costs. Some claims could also cover additional costs, like the cost of travel to and from appointments or modifications to your home to accommodate a disability that is permanent. Non-economic damages are commonly called “pain and suffering” damages. These damages are difficult to quantify, and they include the emotional stress and mental stress caused by accidents. Depending on the extent of your injuries, your lawyer can help you place a value on these damages. This may be based on your ability to do activities you used to or your loss of a relationship with family. Statute of Limitations A legal requirement known as the statute of limitations requires that anyone who is injured in an accident file an action within a specified date or the claim will be dismissed. This is to prevent evidence from being lost or forgotten and to stop people from carrying out litigation related to an incident for a long time. The exact time frame is different from state to state, but personal injury claims typically have a two-to four-year limitation. There are certain exceptions to the to file a claim. If you need help determining if your case is one of these exceptions, then it is best to seek legal advice. Nampa injury lawyer of limitations is only applicable to lawsuits that are filed in court. Many cases of injury are resolved through the insurance claim process and do not require a formal lawsuit filing. It is essential to allow yourself sufficient time to bring a lawsuit in the event that negotiations with insurance do not go as planned or if a problem arises which cannot be resolved through insurance. Certain circumstances can stop the statute of limitations clock however these cases are very rare and have to be evaluated on an individual case-by-case basis. For instance, the statute of limitations might not start to run until the victim discovers or ought to have realized that their injury was caused by someone else's negligent actions, and in some states, such as New York, the statute of limitations differs for claims against municipalities. Complaint A personal injury lawsuit is filed by a victim against the person who caused the injury. It asserts that the defendant violated their duty of care, and that the breach caused loss and harm to the plaintiff. The defendant is held responsible for these damages. The first document filed with a personal injury lawsuit is referred to as the complaint. It contains detailed allegations about the incident that caused your injuries. It also outlines the damages you are seeking. The complaint also includes an “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 is required to respond to the complaint within a specified time frame, and will either admit or deny the allegations made in the complaint. The defendant may also file a counterclaim against the plaintiff or introduce another defendant as a third-party defendant. A successful personal injury lawsuit relies on solid evidence including medical documents and testimony from witnesses. We work closely together with our clients to collect the relevant information and incorporate it in the case. The evidence will also assist us negotiate with the attorney for the defendant or insurance representatives to get the best settlement offer possible. Preliminary Conference In a personal-injury lawsuit, your lawyer must prove that negligence on the part of the defendant caused your accident. You must also prove that you were injured in the accident and that these injuries are worthy of financial compensation. This can be a long process however, the trial is when you'll be able to decide if you'll receive the compensation you deserve. In the trial before jurors your lawyer will argue that the defendant is at liability and that they must be held accountable for your losses. The defendant will provide evidence to prove that their actions were unrelated to the accident. This will prevent them from settling your losses. You must attend a pre-trial conference before you can proceed with the trial. This is the first time that your case has deadlines set by a judge. This is also when your attorney will be discussing the case with the defense. A judicial registrar, also known as an official of the court's staff, typically holds preliminary conferences. 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. However, if a party cannot attend in person, they can take part via phone or online with the approval of the convenor. If your case is to be a part of the Differentiated Case Management program, an initial conference can provide an opportunity to determine whether your case falls into one of the three classifications which are 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 can be extended by the court). After the Answer is filed, the case is moved to what is called the discovery phase. In this period both sides exchange information in the form of written demands for discovery and depositions. Following the conclusion of discovery the attorney representing the plaintiff drafts what is known as a Bill of Particulars. This document outlines legal claims and the relief sought – usually the award of damages in cash. The Bill of Particulars is intended to inform the defendant notice of the specific legal claims being made so that they can prepare effectively for trial. Before a Bill of Particulars can be followed, it has to be scrutinized by the court. Generally speaking, the court will only abide by 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 alleged, and not add any new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ), for example was a case where the court found that the plaintiff had not been negligent. 1994), the court sustained a motion to strike all references to intentional and willful acts from a medical malpractice claim. In the same way, the court will not allow the addition of a new theory of recovery at a disproportionately late stage in the case. To avoid prejudice, any late amendment to the Bill of Particulars must be supported by an affidavit that gives a reasonable explanation of the tardiness 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 might be to ask the reason why a doctor who does not know you and your medical history and the particulars of your incident is requested to conduct an exam. But, this type of examination is actually a requirement under Washington law, and it can be helpful in your case. IMEs are typically performed by doctors who are employed by the insurance company of the defendant. They are there to provide an alternative view of your injuries. These doctors, who are sometimes called “independent”, have their own goals and financial interests in reducing the amount of compensation which can be awarded to injured victims. If you decide to undergo an IME the Orange County personal injury lawyer will make sure that you are fully informed about what to expect and will provide copies of all relevant medical records for the doctor to examine. Your lawyer will be present during the IME to ensure that the questions posed by the doctor are consistent with your medical records. Do not underplay or exaggerate the severity of your injuries to the doctors. They are trained to detect dishonesty, and could make use of this information in a trial.