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What is a Personal Injury Lawsuit? If you've been hurt through the actions or inactions, you may be entitled to compensation. To learn more about your rights under the law to pursue compensation, consult a knowledgeable personal injury lawyer. A personal injury lawsuit is a civil litigant in which the plaintiff seeks compensation for their loss. This includes medical bills, lost wages and property damage. The process can take anywhere from several months to a few years. Damages A personal injury lawsuit is a legal proceeding to compel a person or entity to pay compensation for the damages resulting from an accident. The plaintiff is the injured party and the defendants are the parties accountable. Personal injury cases can include wrongful death claims when someone dies due to the negligence or wrongful actions of others. A victim's damages are typically broken down into two groups which are: punitive and compensatory. Compensation damages can include medical bills as well as pain and loss compensation and other out-of pocket expenses. Punitive damages are uncommon and are intended to penalize the offender for extreme behavior. This category includes all expenses that result from the injury or accident. These might include doctor's bills or hospital costs, as well as physical therapy expenses. In some cases additional expenses, such as the cost of travelling to and from appointments or modifications made to your home to accommodate permanent disabilities may also 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 stress that accidents can cause. Your lawyer will help you determine the value of these damages based on the severity of your injuries. This could be based on the ability to carry out the things you were previously able to do or your loss in consortium with family. Statute of Limitations A legal principle known as the statute of limitation obliges anyone injured in an accident should file a lawsuit before a certain date or else their claim will be dismissed. This is done to prevent evidence from being forgotten or lost and to stop people from dragging incident-related litigation out for a long time. The exact duration of the time limit is different from one state to another, but the majority of personal injury claims have a time frame of between two and four years. However, there are exceptions that may prolong the time a victim has to file their claim and they should seek legal advice when to determine if their case falls into one of the exceptions. One of the most important aspects of the statute of limitations is that it only applies 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 bring a lawsuit in the event that insurance negotiations do not go as planned or if there is a problem that is not resolved by insurance. Certain circumstances may stop the clock on the statute of limitations, but these instances are extremely rare and need to be analyzed on an individual basis. For instance the statute of limitations might not start running until a victim has discovered or reasonably should have discovered that their injuries were caused by someone else's negligence, and in certain states, such as New York, the statute of limitations differs for claims against municipalities. Complaint A personal injury lawsuit is filed by the victim against the party who caused the injury. It alleges that the defendant breached a duty of care, that this breach caused harm and loss to the plaintiff and that the defendant is accountable for the losses. Murfreesboro injury lawyers is the initial document that is filed in a personal injury case. It provides detailed details concerning the incident that led to your injuries, and the damages you are seeking. It also contains the “prayer for relief” that describes what you would like the court to do. The complaint must be served on the defendant along with a summons that is a notice that they are being sued. After the complaint is filed, the defendant is required to file an answer to the complaint within a certain time period, and they will either admit or deny the allegations made in the complaint. The defendant can also file a counterclaim, or add a third party defendant to the case as third party defendant. A successful personal injury lawsuit is based on solid evidence, which includes medical documents and witness testimony. We work closely with our clients to ensure that all relevant information is gathered and included in the case. The evidence will also assist us negotiate with the attorney of the defendant or insurance agents to obtain the most favorable settlement offer. Preliminary Conference In a personal injury case, your attorney must prove that the negligence of the defendant led to your accident. You must be able to prove that you sustained injuries due to your accident and that the injuries you sustained are worthy of financial compensation. It can be a lengthy process, but it's at the trial that you'll finally know if you will be awarded the compensation you deserve. In the trial before a jury the lawyer will argue the defendant's responsibility and the need to compensate you for your losses. The defendant will provide 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 typically the first time that your case will have deadlines set by the Court itself. This is also the time when your lawyer will discuss the case with the defense. A judicial registrar, also known as an official of the court staff typically holds preliminary conferences. All parties must attend the initial conference in person unless the case is handled by New York's Differentiated Case Management Rule or the Rules are otherwise exempted. If a party is unable to attend in person, the convenor can permit them to participate via phone or online. If your case is to be a part of the Differentiated Case Management program, a preliminary conference will also be a chance to determine whether your case falls under one of the three classifications that 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 file an Answer (although this deadline can be extended if the court gives approval). Once the Answer is filed, the case is moved to what is known as the discovery phase. During this time the parties exchange information in the form of written demand for discovery and depositions. The lawyer for the plaintiff prepares the Bill of Particulars at the end of the discovery. The document details legal claims and 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 examine the Bill of Particulars before it can be complied with. Generally speaking, the court will only comply with a Bill of Particulars that is not overbroad or vague. A Bill of Particulars must only include the specific acts of negligence that are being claimed and not include any new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ) for instance was a case where the court concluded that the plaintiff had not been negligent. 1994) The court ruled in favor of the motion to strike references to willful and intentional acts from a medical malpractice claim. The court will also not allow a new doctrine to be added at an stage in the litigation that is unreasonablely late. To avoid prejudice, a late amendment to the Bill of Particulars must be supported by an affidavit, which gives a reasonable explanation of the lateness of this amendment. Physical Examination You may question the reason why a doctor, who doesn't know you, or your medical history, and isn't familiar with the details of your accident, would be asked to conduct a medical examination. But, this type of exam is actually required under Washington law and can be helpful to your case. Typically, IMEs are conducted by medical doctors who are employed by the insurance company representing the defendant and their aim is to offer a different perspective on your injuries. These doctors, often referred to as “independent”, have their own agendas and financial interests in reducing the amount of compensation that is awarded to injured victims. Your Orange County personal injury attorney will ensure that you understand what to expect from an IME and will give the doctor with a copy of all relevant medical records. Your lawyer will be present during the IME to make sure that the questions asked by the doctor are in line with your medical records. It is crucial to avoid playing around with the severity of your injuries with these doctors, as they are trained to spot fraud and could make use of this information against you in trial.