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What is a Personal Injury Lawsuit? If you've been injured through the actions or inactions, you may be able to recover compensation. Contact a knowledgeable personal injury lawyer to find out more about your rights. A personal injury lawsuit is civil litigant where the plaintiff seeks compensation for their loss. This can include medical bills or lost wages, as well as property damage. The process can run between a few months and several years. Damages A personal injury lawsuit is a legal action that is used to force another individual or entity, to pay you for the damages that result from an accident. The plaintiff is the one who was injured, and the defendants are the parties responsible. Personal injury cases can include the wrongful death of a person who dies due to negligence or wrongful actions of others. The damages of a victim are typically broken down into two groups: compensatory and punitive. Compensation damages are designed to ensure that the victim is completely again, including out-of-pocket expenses such as medical bills and compensation for suffering and pain. Punitive damages are uncommon and designed to punish the offender for extreme behavior. The first category of damages is usually referred to as “economic damages.” This includes any out-of-pocket costs resulting from the accident and injuries. This could include hospital bills as well as doctor's fees and therapy costs. In some 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 often called “pain and suffering” damages. These damages are more difficult to quantify, and include the emotional stress and mental stress that an accident can cause. Based on the severity of your injuries, your lawyer can help you place a value on the damages. This could be based on the ability to carry out the things you were previously able to do or your loss of a relationship with your family. Statute of Limitations A legal rule known as the statute of limitations obliges anyone injured in an accident should file a lawsuit before a certain date or else their claim will be dismissed. This is to prevent evidence from being lost or forgotten, and to stop people from drag out incident-related litigation indefinitely. The exact time limit differs from one state another, but the majority of personal injury lawsuits have a time limit of between two and four years. However, there are exceptions that can prolong the time a victim has to submit their claim. They should seek legal advice for help to determine whether or not their case falls within one of these exceptions. The statute of limitations is only applicable to lawsuits that are filed in court. Many cases of injury are resolved through the process of claiming insurance and do not require formal lawsuit filing. It is essential to allow yourself sufficient time to start a lawsuit in the event that negotiations with insurance aren't as smooth as you had hoped, or if there is a problem that is not resolved by insurance. Some circumstances can pause the clock on the statute of limitations, but they are rare and need to be evaluated on a case-by case basis. The statute of limitations may not begin until the victim realizes or should have realized that the injury was caused by someone else's negligence. In certain states, such as New York, it is different for claims made against municipalities. Complaint A personal injury lawsuit is a civil action initiated by a victim against the person or entity that caused the injury. The plaintiff claims that the defendant breached their duty of care, and that this breach caused loss and harm to the plaintiff. The defendant is then accountable for the damages. The first document you file with a personal injury lawsuit is known as the complaint, and it contains specific details about the incident that led to your injuries. It also lists the damages you are seeking. The complaint also contains a “prayer of relief” which 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 must submit an answer to the complaint within a specific timeframe, and may either deny or admit the allegations in the complaint. The defendant can also file a counterclaim, or add a third party defendant to the case as a third party defendant. A successful personal injury lawsuit depends on solid evidence, including medical documents and testimony from witnesses. We work closely together with our clients to gather the relevant information and incorporate it in the case. The evidence will also assist us negotiate with the defendant's attorneys or insurance agents to obtain the best settlement possible. Preliminary Conference In a personal-injury lawsuit the lawyer for you must prove that negligence on the part of the defendant led to your accident. You must be able to prove that you sustained injuries from your accident, and that those injuries warrant financial compensation. This could be a long process, but the trial is when you'll be able to decide if you'll get the damages you're entitled to. In a trial before a jury, your lawyer will argue the defendant's responsibility and they will argue that they have to compensate you for your losses. The defendant will argue that their actions do not contribute to the accident, which will keep them from having to reimburse you for your losses. Before Scranton injury attorney can proceed to trial you must attend a preliminaries conference. This is the first time that your case will be subject to deadlines imposed by a judge. It is also the time where your attorney will discuss the case with the defense. A judicial registrar, or an official from the court staff, typically holds preliminary conferences. If the case is handled in accordance with the New York's Differentiated Case Management Rule, or otherwise exempted from the Rules, all parties are required to be present in person. If a person is unable to attend in person, the convenor is able to 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 whether your case falls under one of three categories: advanced standard or complex. Bill of Particulars After a complaint and summons are filed, the defendants named in the lawsuit have the option of having twenty or thirty days to file an Answer (although this time frame can be extended with the court's approval). After the Answer has been filed, the case moves into what is called the discovery phase. During this phase the parties exchange information via written demands for discovery and depositions. The plaintiff's lawyer prepares the Bill of Particulars at the end of discovery. The document details the legal claims that are being made 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. The court must look over the Bill of Particulars before it can be complied with. Generally speaking, the court will only accept a Bill of Particulars that is not vague or overly broad. A Bill of Particulars must only include the specific acts of neglect that are being asserted and must not include new claims. For instance in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. 1994), the court sustained the motion to strike all references to willful and intentional acts from a medical negligence claim. The court will not allow a new theory to be introduced at a point in the case that is unreasonable late. To avoid prejudice, a late amendment to a Bill of Particulars must be supported by an affidavit that gives a reasonable explanation for the tardiness 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 accident, would be required to conduct a medical exam. But, this type of exam is actually a requirement under Washington law, and it can be helpful to your case. Typically, IMEs are conducted by medical doctors who are employed by the defendant's insurance company and their goal is to offer an alternative perspective on your injuries. Although they are often described as “independent,” these physicians, just like insurance companies have their own agendas and financial stake in reducing the amount of compensation that could be awarded to an injured victim. If you choose to undergo an IME the Orange County personal injury lawyer will ensure that you are fully informed about what to expect. They will provide the complete set of medical records to the doctor to review. Your lawyer will also be present at the IME and will ensure that you are examined fairly by ensuring that the doctors questions do not deviate from the ones you have in your medical records. It is essential to not play with the severity of your injuries to these doctors, as they are trained to recognize the deceit and may utilize this information against you at trial.