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What is a Personal Injury Lawsuit? If you have been injured by another person's actions or inactions, you may be able to recover compensation. To find out more about your legal rights, contact an experienced personal injury lawyer. A personal injury lawsuit is civil litigant where the plaintiff seeks compensation for their loss. This includes medical expenses, lost wages and property damage. The process can run from a few months to several years. Damages A personal injury lawsuit is a legal proceeding to compel a person or entity to pay you compensation for the damages resulting from an accident. The person who is injured is referred to as the plaintiff and the parties accountable are known as defendants. When someone dies as a result of negligence or wrongdoing by others, wrongful death cases can be included in personal injury lawsuits. Damages are usually divided into two categories: compensatory and punitive. Compensation damages can include medical bills, pain and suffering compensation, and other out-of-pocket expenses. Punitive damages, which are very rare, are meant to punish the perpetrator if they have committed extreme actions. The first category of damages is often known as “economic damages.” This is the term used to describe any out-of-pocket costs resulting from the accident and injuries. These may include hospital expenses medical expenses, doctor's charges and physical therapy costs. In some cases other expenses such as the cost of travel to and from appointments, or modifications to your home due to permanent disabilities can be included in the claim. Non-economic damages can also be described as “pain and suffer” damages. These are more difficult to quantify and involve the emotional distress, mental anguish and suffering caused by accidents. Depending on the extent of your injuries, your lawyer can help you determine the value of the damages. This might be based on your capacity to enjoy activities you previously enjoyed or your loss of consortium with family members. Statute of limitations A legal principle known as the statute of limitation requires that anyone who is injured in an accident file an action within a specified date or their claim will be dismissed. This is to safeguard evidence from being lost or forgotten and to stop people from carrying out litigation related to an incident for a long time. The exact duration of time varies between states, however, personal injury claims typically have a two- to four-year limitation. However, there are exceptions that could prolong the time a victim has to file their claim and they should seek legal advice for assistance in to determine whether or not your case falls under one of the exceptions. The statute of limitations applies only to lawsuits that are filed in the court. Insurance claims are often used to settle injury cases and do not require formal lawsuits. However, it is important to leave yourself enough time to pursue legal action in the event that negotiations fail to take place as planned or if an issue arises that can't be easily addressed through the insurance system. 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. For instance, the statute of limitations may not start to run until a victim has discovered or should have reasonably discovered that their injury was caused by another person's negligent actions. In certain states, like 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. It alleges that the defendant violated the duty of care, and that the breach caused harm and loss to the plaintiff, and that the defendant is liable for those damages. The first document you file with a personal injury lawsuit is referred to as the complaint, and it includes specific allegations regarding the incident that caused your injuries. It also outlines the damages you're seeking. It also includes the “prayer for relief” that describes what you would like the court to do. The summons and complaint must be delivered to the defendant. After the complaint is filed, the defendant is required to respond to the complaint within a specified time period, and they may either deny or admit the allegations made in the complaint. The defendant can 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, which includes medical documents and witness testimony. We collaborate closely with our clients to ensure that all relevant information is collected and included in the case. The evidence can also help us negotiate with the defendant's attorneys 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 led to your accident. You must also prove that you suffered injuries from 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 will be able to determine if you get the compensation you deserve. In a jury trial your lawyer will argue that the defendant is responsible and is required to compensate you for the losses you suffered. The defendant will present evidence to show that their actions were unrelated to the accident. Sioux Falls injury attorney will stop them from paying you for your losses. You must attend a pre-trial discussion before proceeding with the trial. This is typically the first time that your case will be subject to deadlines established by the Court itself. This is also the time when your attorney will be discussing the matter with the defense. A judicial registrar, or a member of the court's staff, usually conducts preliminary conferences. All parties 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 exempted in other ways. If a party is unable to attend in person, the convenor may permit them to attend via phone or via the internet. If your case is part of the Differentiated Case Management Program, the initial meeting provides an opportunity to determine if your case falls into one of three categories – complicated or expedited standard. Bill of Particulars When a summons and complaint are filed, the defendant parties who are named in the lawsuit have the option of having twenty or thirty days to respond (although this time frame can be extended if the court gives consent). Once the Answer is filed, the case is moved to what is called the discovery phase. In this phase, both sides exchange information in the form of written discovery demands and depositions. The lawyer of the plaintiff drafts the Bill of Particulars at the end of the discovery. The document is a legal declaration of 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, so that they can prepare for trial. Before a Bill of Particulars can be followed, it must be examined by the court. In general, courts will only accept a Bill of Particulars that is not vague or broad. A Bill of Particulars should be limited to the specific acts of negligence claimed and should not contain new claims. For example in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. In 1994, the court affirmed the motion to strike out the reference to willful or deliberate acts in a medical negligence case. The court will not permit a new theory to be added at an stage in the litigation that is unreasonable late. To avoid negative consequences, an amendment made late to the Bill of Particulars should only be allowed when supported by an affidavit stating a reasonable excuse for the lateness of the amendment. Physical Examination It is possible to ask why a doctor, who isn't familiar with you or your medical history, and isn't familiar with the specifics of your incident, would be required to conduct a medical exam. However, this kind of examination is actually an obligation under Washington law and can be helpful in your case. Typically, IMEs are conducted by medical doctors who are employed by the defendant's insurance company and aim to provide a different perspective to your injuries. Although they are often described as “independent,” these physicians – just like the insurance companies – have their own agenda and financial interest in decreasing the amount of compensation that can be awarded to an injured victim. If you decide to undergo an IME, your Orange County personal injury lawyer will ensure that you are aware of what to expect. They will provide the complete set of medical records to the doctor to look over. Your lawyer will be present during the IME to ensure that the questions posed by the doctor are in line with your medical records. You should not downplay or exaggerate the severity of your injury to the doctors. They are trained to spot dishonesty, and could utilize this information in court.