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What is a Personal Injury Lawsuit? You may be entitled to compensation if have been injured due to the actions or inactions of a third party. Contact a seasoned personal injury attorney to learn more about your rights. A personal injury lawsuit is a civil matter where the plaintiff is seeking money to cover their losses, such as medical expenses, lost wages, damages to property and other expenses. The process can take several months to a few years. Damages A personal injury lawsuit is a legal process that is taken to force another individual or entity, to pay you compensation for damages caused by an accident. The person who is injured is referred to as the plaintiff, while the responsible parties are called defendants. Personal injury cases can also include wrongful death claims when someone dies due to the negligence or wrongdoing of others. Damages are usually divided into two categories: punitive and compensatory. Compensation damages are based on medical bills, pain and suffering compensation, and other out-of-pocket expenses. Punitive damages, which are very rare, are meant to punish the offender for committing extreme actions. The first category of damages is typically referred to as “economic damages.” This covers any out-of-pocket costs resulting from the accident or injury. This could include doctor's fees or hospital costs, as well as physical therapy expenses. In certain cases additional expenses, such as the cost of travelling to and from appointments or modifications to your home due to permanent disabilities could be included in the claim. Non-economic damages are also called “pain and suffer” damages. These damages are more difficult to quantify, and comprise the emotional distress and mental anguish caused by accidents. Depending on the extent of your injuries, your lawyer can help you determine the value of the damages. It could be based on your capacity to participate in activities that you used to do or your loss of consortium with family members. Statute of Limitations Under a legal rule called the statute of limitations, anyone who is injured in an accident must make a claim within a specified time or the claim will be dismissed by the courts. This is to protect evidence from being lost or lost in the shuffle and to stop people from carrying out litigation relating to incidents for an indefinite period. The exact duration of time differs from state to state however, personal injury claims typically have a two- to four-year limit. There are certain exceptions to the time period for filing claims. If you need assistance in determining whether your case falls under one of these exceptions, then it is recommended to seek legal advice. A key aspect of the statute of limitations is that it applies only to the filing of an action in a court. A majority of injuries cases are resolved through the insurance claim process and do not require formal lawsuit filing. It is nevertheless important to allow yourself enough time to start a lawsuit in the event that negotiations with insurance aren't as smooth as you had hoped, or if a problem arises that cannot be resolved with insurance. Certain circumstances can stop the clock on the statute of limitations, however they are not common and have to be assessed on a 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 another person's negligent actions, and in certain states, such as New York, the statute of limitations differs for claims against municipalities. Rio Rancho injury attorney is filed by a victim against the person who caused the injury. It claims that the defendant breached the duty of care, that the breach caused harm and losses to the plaintiff, and that the defendant should be held accountable for the losses. The complaint is the first document filed in a personal injury lawsuit. It provides detailed details regarding the incident that caused your injuries as well as the damages you want. The complaint also includes the “prayer of relief” which outlines what you would like the court to do. The complaint must be served to the defendant with a summons that is a notice that they are being sued. After the complaint is filed, the defendant has to submit an answer to the complaint within a specified time period, and they must either accept or deny the allegations made in the complaint. The defendant can also bring a counterclaim against plaintiff or introduce another defendant as third-party defendant. A successful personal injury lawsuit relies on solid evidence, including medical records 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 will also help us negotiate with the defendant's attorneys or insurance companies to negotiate the most favorable settlement offer. Preliminary Conference In a personal injury case your lawyer must show that negligence on the part of the defendant caused your accident. You must also prove that you suffered injuries as a result of your accident, and that your injuries are a valid reason for financial compensation. It's a long process, but it is at the trial that you'll finally know if you will get the compensation you deserve. In the case of a trial before the jury your lawyer will argue the defendant's liability and that they must pay for your losses. The defendant will present evidence to show that their actions were not related to the accident. This will stop them from settling your losses. Before you can proceed to trial you must attend a preliminary conference. This is the first time that your case is subject to deadlines set by a court. It is also the time when your attorney will discuss the case with the defense. A judicial registrar, also known as an official of the court's staff, typically holds preliminary conferences. If the case is handled in accordance with the New York's Differentiated Case Management Rule, or is otherwise exempt from the Rules, all parties are required to attend in person. If, however, a person cannot attend in person, they can participate via phone or internet with the permission of the convenor. If your case is to be a part of the Differentiated Case Management program, the preliminary conference will provide an opportunity to determine whether your case falls into one of the three categories that are expedited, standard, or complex. Bill of Particulars After the complaint and summons are filed, the defendants named in the lawsuit will have twenty to thirty days (although this timeframe can be extended by the court). 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 demand for discovery and depositions. At the conclusion of discovery The attorney for the plaintiff prepares what is called a Bill of Particulars. This document outlines the legal claims being made as well as the relief sought, usually the award of damages in cash. The Bill of Particulars is meant to inform the defendant of the specific legal claims made, to help them prepare for trial. The court must review the Bill of Particulars before it is allowed to be enforced. In general, the court will only accept the Bill of Particulars if it is not vague or overbroad. A Bill of Particulars should be limited to the specific acts of negligence claimed and should not add new claims. For example, in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. In 1994, the court upheld a motion to strike references to intentional or willful acts in a medical malpractice case. Similarly, the court will not allow the introduction of a new doctrine of recovery at a disproportionately late stage in the case. To avoid prejudice, a belated amendment to the Bill of Particulars should only be permitted if supported by an affidavit offering a reasonable excuse for the lateness of the amendment. Physical Exam You may question 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. This type of examination, which is required by Washington law, can 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 view of your injuries. These doctors, who are often referred to as “independent”, have their own agendas and financial interests in reducing the amount of compensation which is given to victims of injuries. If you decide to go through an IME, your Orange County personal injury lawyer will make sure that you are aware of what to expect. They will 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 fairly by ensuring that the doctors questions do not deviate from the ones in your medical records. It is crucial to not play with the severity of your injuries to the doctors, since they are trained to recognize the deceit and may utilize this information against you at trial.