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What is a Personal Injury Lawsuit? If you have been injured due to another's actions or inactions, you could be entitled to compensation. Contact a seasoned personal injury lawyer to learn more about your rights. A personal injury lawsuit is civil litigation in which the plaintiff seeks compensation for their losses. This includes medical bills or lost wages, as well as property damage. The process can take several months to a few years. Damages A personal injury lawsuit is a legal proceeding to force another person or entity to pay you compensation for the damage caused by an accident. The plaintiff is the injured party, and the defendants are the parties responsible. If someone dies as the result of the negligence or wrongdoing by others the wrongful death case can be included in personal injury lawsuits. Damages are usually divided 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 are intended to penalize the offender for extreme behavior. This category covers all costs incurred as a result of the accident or injury. These could include hospital bills medical expenses, doctor's charges and physical therapy costs. Some claims may also include additional expenses, such as transportation costs to and from appointments or home modifications to accommodate a permanent disability. Non-economic damage can also be called “pain and suffer” damages. They are more difficult to quantify and are a result of the mental and emotional stress, anxiety and suffering that accidents can cause. Your lawyer will help you evaluate these damages based upon the extent of your injury. This might be based on your ability to participate in activities that you used to do or the loss of your relationship with family members. Statute of Limitations A legal requirement known as the statute of limitations stipulates that anyone injured in an accident must file an action before a specific date or else their claim will be dismissed. This is done to prevent evidence from being forgotten or lost, and to prevent people from dragging incident-related litigation out for an indefinite period. The time frame for filing a claim differs from one state another, but the majority of personal injury lawsuits have a time limit of between two and four years. There are some exceptions to the time to file claims. If you need assistance to determine if your claim is one of these exceptions, then it is best to seek legal advice. The statute of limitations applies only to lawsuits that are filed in the court. A majority of injuries cases are resolved through the insurance claim process and do not require a formal lawsuit filing. It is still important to allow yourself enough time to bring a lawsuit in the event that insurance negotiations do not go as planned or if a problem arises that cannot be resolved with insurance. A few circumstances can pause the clock of the statute of limitations however, these situations are very rare and have to be evaluated on a case-by-case basis. The statute of limitations might not start until the person is aware or should have known that the injury was caused by someone else's negligence. In some states, such as New York, it is different for claims made against municipalities. Complaint A personal injury lawsuit is a civil suit filed by an injured party against the person or entity who caused the injury. It claims that the defendant breached their duty of care and that the breach caused loss and harm to the plaintiff. The defendant is held accountable for the losses. The complaint is the primary document that is filed in a personal injury lawsuit. It provides detailed details regarding the incident that caused your injuries and the damages you seek. The complaint also contains an “prayer of relief” which describes what you want the court to do. The complaint and summons must be handed over to the defendant. The defendant must respond to the complaint within certain time frames and either accept or deny all allegations in the complaint. The defendant may also bring a counterclaim against plaintiff or introduce another defendant as a third-party defendant. A successful personal injury lawsuit depends on solid evidence such as medical documents and testimony from witnesses. We work closely with our clients to gather all relevant information and include it in the case. The evidence we have will also assist us in negotiate with the defense attorneys or insurance companies to obtain the best settlement offer. Preliminary Conference In a personal injury lawsuit the attorney for you must prove that the negligence of the defendant led to your accident. You must also prove that you were injured in the accident and that the injuries are worthy of an amount of money. It can be a lengthy process, but it is at the trial that you'll be able to determine if you get the compensation you deserve. In Brooklyn Park injury attorney before a jury your lawyer will argue that the defendant is at responsibility and they will argue that they have to compensate you for your losses. The defendant will present 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 discussion before you can proceed with the trial. This is the first time that your case will be subject to deadlines imposed by a court. This is also the time when your attorney will be discussing the matter with the defense. Preliminary conferences are usually conducted by a judicial registrar, or someone on the court's staff. If the case is handled by New York's Differentiated Case Management Rule, or otherwise exempted from the Rules, all participants are required to attend in person. If a party is not able to attend in person, the convenor may permit them to attend via phone 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 within one of three categories namely advanced standard or complex. Bill of Particulars After a complaint and summons are filed, the defendant parties named in the lawsuit have the option of having twenty or thirty days to file an Answer (although this deadline can be extended with the court's permission). When the Answer is filed, the case enters what is called the discovery phase. In this period, both sides exchange information in the form of written demands for discovery and depositions. After the discovery process is concluded, the plaintiff's attorney prepares what is known as a Bill of Particulars. The document details legal claims and the relief sought – usually an award of money damages. The Bill of Particulars is meant to inform the defendant of the specific legal claims being made, to help them prepare for trial. Before a Bill of Particulars can be accepted, it must be scrutinized by the court. In general, the court will only abide by a Bill of Particulars if it is not vague or overbroad. A Bill of Particulars must only include the specific acts of neglect that are being asserted and must not include new claims. For instance in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. 1994) the court granted a motion to strike all references to willful and intentional acts from a medical negligence claim. Similarly, the court will not allow addition of a new theory of recovery at an unreasonably late stage in the litigation. To avoid prejudice, an amendment made late to the Bill of Particulars must be supported by an affidavit that gives a reasonable explanation for the lateness of this amendment. Physical Exam It is possible to ask the reason why a doctor, who doesn't know you or your medical history, and isn't familiar with the specifics of your accident, would be required to conduct a medical examination. 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 insurance company of the defendant and their aim is to provide a different perspective on your injuries. These doctors, who are sometimes called “independent”, have their own agendas and financial interests in reducing the amount of compensation which can be given to victims of injuries. If you decide to undergo an IME If you decide to undergo an IME, your Orange County personal injury lawyer will ensure that you are fully informed about what to expect and will provide a copy of all relevant medical records to the doctor to review. 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 crucial to not play up or down the extent of your injuries with these doctors, as they are trained to spot the deceit and may utilize this information against you in trial.