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What is a Personal Injury Lawsuit? You could be entitled to compensation if you were injured as a result of the actions or inactions of a third party. To learn 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 losses. This can include medical bills as well as lost wages and property damage. The process can take anywhere from several months to several years. Damages A personal injury lawsuit is a legal process which is filed to force another person or entity to pay you compensation for damages caused by an accident. The plaintiff is the one who was injured, and the defendants are the ones responsible. Personal injury cases can include cases of wrongful death when someone dies due to the negligence or wrongdoing of others. The damages a victim suffers are usually divided into two categories: compensatory and punitive. Compensation damages are designed to make the victim whole and regain their financial security, which includes out-of-pocket expenses like medical bills as well as compensation for pain and suffering. Punitive damages are rare and are intended to penalize the offender for extreme behavior. The first category of damages is usually called “economic damages.” This covers the cost of out-of-pocket expenses incurred due to the accident or injury. These might include doctor's bills or hospital costs, as well as physical therapy costs. In some instances other expenses such as the cost of travel to and from appointments or modifications made to your home due to permanent disabilities could be included in the claim. Non-economic damage can also be described as “pain and suffer” damages. These damages are harder to quantify, and they comprise the emotional distress and mental stress that accidents can cause. Based on the extent of your injuries, your lawyer will help you place a value on these damages. This may be based on your capacity to perform the activities you used to or your loss in consortium with family. Statute of Limitations In a legal rule known as the statute of limitations, any person who is injured in an accident must bring a lawsuit within a certain time frame or the claim will be dismissed by the courts. This is to protect 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 the time limit varies from one state to another, but most personal injury claims have a time limit of two to four years. However there are exceptions that may extend the amount of time a victim has to submit their claim. They should seek legal advice for help determining whether or not their case falls into one of the exceptions. The statute of limitations is only applicable to lawsuits filed in court. A majority of injuries cases are resolved through the process of claiming insurance and do not require a formal lawsuit filing. But, it's crucial to give yourself enough time to file a lawsuit in the event that negotiations don't take place as planned or if an issue arises that cannot be addressed by the insurance system. Certain circumstances can stop the statute of limitations clock however, these situations are rare and generally need to be considered on an individual basis. The statute of limitation may not start until the person realizes or should have realized that the injury resulted from someone else's negligence. In certain states, such as New York, it is different for claims made against municipalities. Boulder injury attorney is a civil action brought by an injured person against the person or entity that caused the injury. It claims that the defendant breached the duty of care, and that the breach caused harm and loss to the plaintiff and that the defendant should be held liable for those damages. The complaint is the primary document filed in a personal injury lawsuit. It provides detailed details about the incident that led to your injuries as well as the damages you seek. It also includes a “prayer for relief” that outlines what you would like the court to do. The complaint and summons must be given to the defendant. After the complaint is filed, the defendant is required to respond to the complaint within a specified timeframe, and may either deny or admit the allegations made in the complaint. The defendant can also file a counterclaim against the plaintiff or bring in another defendant as third-party defendant. A successful personal injury lawsuit depends on solid evidence, including medical documents and testimony from witnesses. We work closely with our clients to ensure that all relevant information is gathered and included in the case. The evidence we have can also assist us to negotiate with the defense attorneys or insurance companies to get the best possible settlement offer. Preliminary Conference In a personal injury case your lawyer must demonstrate that the negligence of the defendant led to your accident. You must also prove that you were injured in your accident and that your injuries are worthy of financial compensation. It can be a lengthy process, but it's at the trial that you'll be able to determine if you be awarded the compensation you deserve. In the trial before the jury the lawyer will argue for the defendant's liability and that they must be held accountable for your losses. The defendant will argue that their actions do not contribute to the accident, which will prevent them from having to compensate you for your losses. You must attend a pre-trial conference prior to proceeding 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 discuss the matter with the defense. Preliminary conferences are usually conducted by a judicial registrar or an individual from the court's staff. All parties must attend the initial conference in person unless the case is handled in accordance with the New York's Differentiated Case Management Rule or the Rules are exempted in other ways. However, if a party is unable to attend in person, they are able to participate via telephone or on the internet, with the consent of the convenor. If your case is going to be part of the Differentiated Case Management program, the preliminary conference will be an opportunity to identify whether your case falls under one of the three classifications that are expedited, standard, or complex. Bill of Particulars When a summons and complaint are filed, the defendants identified in the lawsuit are given either twenty or thirty days in which to file an Answer (although this deadline can be extended with the court's permission). Once 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 discovery demands and depositions. The plaintiff's lawyer prepares a Bill of Particulars at the conclusion of the discovery. The document is a legal declaration of claims and the relief sought, usually the award of damages in cash. The Bill of Particulars is intended to put the defendant on notice of the specific legal claims being made so that he or she is able to effectively prepare for trial. Before a Bill of Particulars can be followed, it has to be examined by the court. In general, a court will only accept the Bill of Particulars if it isn't vague or overly broad. A Bill of Particulars must only include the specific acts of negligence that are being alleged, and not add any new claims. For example in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. 1994) the court granted the motion to strike all references to intentional and willful acts from a medical malpractice claim. The court will not allow a new doctrine to be introduced at a point in the case that is unreasonablely late. In order to avoid resultant prejudice, a belated amendment to the Bill of Particulars should only be allowed if accompanied by an affidavit stating an adequate explanation for the lateness of the amendment. Physical Exam You might be wondering why a doctor who isn't familiar with you or your medical history and isn't familiar with the details of your accident, would be asked to conduct a medical exam. This type of examination is required by Washington law, can be beneficial to your case. IMEs are typically performed by doctors who are employed by the defendant’s insurance company. Their goal is to provide an alternative perspective on your injuries. Although they are sometimes referred to as “independent,” these physicians as well as insurance companies – have their own agenda and financial interest in reducing the amount of compensation that could be awarded to an injured victim. Your Orange County personal injury attorney will ensure that you are aware of what to expect from an IME and will provide the doctor with a copy of all pertinent medical records. Your lawyer will also be present at the IME and can ensure that you are being examined with respect and courtesy by ensuring that doctors ' questions aren't divergent from the ones in 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 dishonesty and may make use of this information against you at trial.