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What is a Personal Injury Lawsuit? You could be eligible for compensation if you were injured as a result of the actions or inactions of someone else. To find out more about your rights under the law, contact an experienced personal injury lawyer. A personal injury lawsuit is a civil litigation in which the plaintiff seeks compensation for their losses. This includes medical expenses or lost wages, as well as property damage. The process can take anywhere from a few months to several years. Damages A personal injury lawsuit is a legal proceeding that is used to compel 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 parties accountable. Personal injury cases may include the wrongful death of a person who dies due to the negligence or wrongful actions of others. Damages are typically classified into two categories: compensatory and punitive. Compensation damages can include medical bills as well as pain and loss compensation, and other out-of-pocket expenses. Punitive damages, which are rare, are meant to punish the perpetrator if they have committed extreme actions. This category covers all expenses caused by the accident or injury. This could include hospital bills, doctor's fees and physical therapy costs. Fayetteville injury lawyers could also include additional costs, like travel costs to and from appointments, or home modifications to accommodate a disability that is permanent. Non-economic damages can also be called “pain and suffer” damages. These damages are harder to quantify and include the emotional distress and mental stress that accidents can cause. Based on the severity of your injuries your lawyer will assist you to determine the value of these damages. This may be based on your ability to do things you did before or your loss of a relationship with family. Statute of limitations Under a legal rule called the statute of limitations, any person who suffers an injury in an accident must file a lawsuit within a specific time period or the claim will be rejected by the courts. This is done to prevent evidence from being lost or lost and to stop individuals from dragging litigation relating to incidents out for an indefinite period. The exact time limit varies from one state to another, but the majority of personal injury lawsuits have a limit of between two and four years. There are some exceptions to the time period for filing claims. If you need help determining if your case falls under one of these exceptions, then it is best to seek legal advice. The statute of limitations is only applicable 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. However, it is crucial to give yourself enough time to pursue legal action in the event that negotiations fail to take place as planned or if an issue arises that cannot be easily addressed through the insurance system. Certain circumstances may stop the clock on the statute of limitations, however they are rare and need to be considered on a case-by case basis. The statute of limitation may not begin until the victim discovers or should have known that the injury was caused by someone else's negligence. In some states, such as New York, it is different for claims that are made against municipalities. Complaint A personal injury lawsuit is a civil suit filed by an injured party against the person or entity who caused the injury. It claims that the defendant breached their duty of care, and that this breach resulted in damage and losses for the plaintiff. The defendant is then held accountable for the losses. The first document filed with a personal injury lawsuit is referred to as the complaint. It contains specific details about the incident that caused your injuries and outlines the damages you are seeking. It also includes a “prayer for relief” that describes what you want the court to do. The complaint must be served on the defendant, along with a summons, which is a notice that they are being sued. The defendant must respond to the complaint within certain time frames and either accept or deny all allegations made in the complaint. The defendant may also make a counterclaim against the plaintiff or bring in another defendant as a 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 collect will also assist us in negotiate with defendants' lawyers or insurance agents to obtain the best settlement offer. Preliminary Conference In a personal injury case, your lawyer must prove that negligence on the part 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. It's not an easy process, but it is at the trial that you'll be able to determine if you be awarded the compensation you deserve. In a trial before the jury your 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 prevent them from settling your losses. Before you can proceed to trial, you must attend a preliminaries conference. This is the first time your case has deadlines set by a judge. It is also the time that your attorney will discuss the case with the defense. Preliminary meetings are usually held by a judicial register or a member of the court's staff. Unless the case is handled under New York's Differentiated Case Management Rule, or is otherwise exempt from the Rules, all parties are required to be present in person. If a party is not able to attend in person, the convenor is able to permit them to participate via telephone or online. If your case is part of the Differentiated Case Management Program, a preliminary meeting is also an opportunity to determine if your case falls under one of three categories – advanced standard or complex. Bill of Particulars After a complaint and summons are filed, the defendants who are named in the lawsuit have twenty or thirty days to respond (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. In this stage the parties exchange information through written discovery demands and depositions. The plaintiff's lawyer prepares the Bill of Particulars at the conclusion of the discovery. This document outlines the legal claims being made 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 he or she can 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 be able to abide by a Bill of Particulars if it is not vague or broad. A Bill of Particulars should be limited to the specific acts of negligence claimed and should not contain new claims. For example, in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. In 1994, the court affirmed the motion to strike out the reference to willful or deliberate acts in a medical negligence case. The court will also not permit a new theory to be introduced at an stage in the litigation that is unreasonably late. To avoid causing prejudice a late amendment to a Bill of Particulars must be supported by an affidavit which gives a reasonable explanation of the lateness of this amendment. Physical Examination If a defense attorney, or an insurance company demands that you take part in an Independent Medical Examination (IME) Your first reaction may be to question why a doctor who does not know you or your medical history and the particulars of your accident is being required to conduct an examination. This type of examination is required under Washington law, could be beneficial to your case. IMEs are usually conducted by doctors employed by the defendant’s insurance company. They are there to offer a different view of your injuries. While they are sometimes called “independent,” these physicians as well as insurance companies have their own agendas and financial interest in cutting down on the amount of compensation that can be awarded to an injured victim. Your Orange County personal injury attorney will ensure that you understand what to expect from an IME and will provide an IME doctor with a copy of the relevant 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 those in your medical records. Do not underplay or exaggerate the severity of your injury to these doctors. They are trained to detect fraud, and may make use of this information in a trial.