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What is a Personal Injury Lawsuit? You may be entitled to compensation if you were injured as a result of the actions or inactions of another person. Contact an experienced personal injury attorney to learn more about your rights. A personal injury lawsuit is a civil dispute where the plaintiff is seeking money to compensate for their losses, including medical expenses, lost wages, damages to property and other expenses. The process can run from a few months to several years. Damages A personal injury lawsuit is a legal process that is used to force another individual or entity to compensate you compensation for damages caused by an accident. The plaintiff is the injured party and the defendants are the parties accountable. Personal injury cases may include cases of wrongful death when someone dies due to inattention or negligence of others. Damages are usually divided into two categories: compensatory and punitive. Compensatory damages are meant to help the victim get back on track and regain their financial security, which includes out-of-pocket expenses such as medical expenses and compensation for pain and suffering. Punitive damages, which are not common, are meant to punish the wrongdoer for committing extreme actions. This category covers all costs that result from the injury or accident. These could include hospital bills, doctor's fees and physical therapy costs. Certain claims could also include additional expenses, such as the cost of travel to and from appointments or home modifications to accommodate a permanent disability. Non-economic damages are also called “pain and suffer” damages. These damages are difficult to quantify and include the emotional stress and mental anguish that an accident can cause. Your lawyer will assist you to evaluate these damages based upon the severity of your injuries. This might 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 In a legal rule known as the statute of limitations, anyone who is injured in an accident must file a lawsuit within a specific time period or their claim will be rejected by the courts. This is to stop evidence from being forgotten or lost and to stop individuals from dragging litigation relating to incidents out indefinitely. The exact duration of time is different from state to state, however personal injury claims generally have a two-to four-year limit. There are certain exceptions to the time period for filing claims. If you require assistance in determining whether your case falls under one of these exceptions, then it is recommended to seek legal advice. The statute of limitations applies only to lawsuits filed in the court. A majority of injuries cases are resolved through the process of claiming insurance and do not require formal lawsuit filing. It is nevertheless important to allow yourself enough time to bring a lawsuit in the event that insurance negotiations don't go as planned, or if a problem occurs that cannot be resolved with insurance. Certain circumstances may stop the statute of limitations clock, but these instances are extremely rare and need to be evaluated on an individual basis. For instance, the statute of limitations might not start to run until a victim discovered or ought to have realized that their injury was caused by someone else's negligent actions. In certain states, such as New York, the statute of limitations differs for claims against municipalities. Complaint A personal injury lawsuit is a civil case filed by an injured party against the person or entity that caused the injury. It asserts that the defendant breached their duty of care and this breach resulted in damage and losses for the plaintiff. The defendant is held accountable for the losses. The complaint is the first document that is filed in a personal injury lawsuit. It includes specific allegations concerning the incident that caused your injuries as well as the damages you want. The complaint also contains the “prayer for relief” that outlines what you would like the court to do. The complaint must be served on the defendant, along with a summons which is a notification that they are being sued. Kenosha injury lawsuit must respond to the complaint within a set of time limits and either admit or deny all 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 is based on solid evidence, which includes medical records and witness testimony. We work closely with our clients to collect all relevant information and include it in the case. The evidence we collect can also assist us to negotiate with defense lawyers or insurance agents to negotiate the most favorable settlement offer. Preliminary Conference In a personal injury lawsuit, your attorney must prove that the negligence of the defendant led to your accident. You must be able to prove that you sustained injuries as a result of your accident, and that your injuries are a valid reason for financial compensation. This could be a long process, but the trial is where you will be able to determine if you'll be awarded the damages you're entitled to. In a jury trial, your lawyer will argue that the defendant is liable and must pay you for your losses. The defendant will provide evidence that their actions are unrelated to the accident, which will keep them from having to reimburse you for your losses. Before you can proceed to trial you must attend a preliminaries conference. This is the first time your case is subject to deadlines set by a court. It is also the time where your lawyer will discuss the case with the defense. Preliminary conferences are usually conducted by a judicial register or someone on the court's staff. All parties must attend the initial conference in person unless the case has been handled by New York's Differentiated Case Management Rule or the Rules are exempted in other ways. If a party is unable to attend in person, they are able to take part via phone or online, with the consent of the convenor. If your case is scheduled to be a part of the Differentiated Case Management program, the preliminary conference will be a chance to determine whether your case falls within one of the three classifications which are expedited, standard or complex. Bill of Particulars After a summons or complaint are filed, the defendant parties who are named in the lawsuit have either twenty or thirty days in which to respond (although this deadline can be extended with the court's consent). After the Answer is filed, the case enters what is known as 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 end of the discovery. The document details legal claims and the relief sought, usually an award of money damages. The Bill of Particulars is intended to inform the defendant notice of the specific legal claims being filed so that they is able to effectively prepare for trial. Before a Bill of Particulars can be followed, it must be examined by the court. In general, the court will only abide by a Bill of Particulars if it is not vague or broad. A Bill of Particulars must only include the specific acts of negligence that are being claimed, and not add any new claims. For instance, in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. In 1994, the court upheld the motion to strike out references to intentional or willful actions in a medical malpractice case. In the same way, the court will not allow introduction of a new theory of recovery at a disproportionately late point in the action. To avoid causing prejudice an amendment made late to the Bill of Particulars must be supported by an affidavit which provides a reasonable explanation for the delay of this amendment. Physical Exam When a defense attorney or insurance company demands that you attend an Independent Medical Examination (IME), your natural first instinct could be to wonder the reason a doctor who may not know you, your medical history, and the details of your injury is asked to conduct an exam. However, this kind of exam is actually required under Washington law and can be helpful to your case. IMEs are usually performed by doctors who are employed by the defendant’s insurance company. They are there to offer a different perspective on your injuries. These physicians, who are often referred to as “independent”, have their own agendas and financial interests in reducing the compensation that is awarded to injured victims. If you decide to go through an IME, your Orange County personal injury lawyer will ensure that you are aware of what to expect and provide the complete set of medical records for the doctor to look over. Your lawyer will also be present at the IME and will ensure that you are being examined with respect and courtesy by ensuring that doctors questions do not deviate from the ones in your medical records. It is important to avoid playing with the severity of your injuries with these doctors, as they are trained to recognize the deceit and may make use of this information against you in trial.