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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 another person. To find out more about your rights under the law get in touch with a seasoned personal injury lawyer. A personal injury lawsuit is a civil matter in which the plaintiff seeks money to compensate for their losses, including medical bills, lost wages damages to property and other expenses. The process can last from a few months to several years. Damages A personal injury lawsuit is an action to compel a person or entity to pay you compensation for the damages resulting from an accident. The plaintiff is the one who was injured and the defendants are the parties accountable. Personal injury cases can include the wrongful death of a person who dies due to inattention or negligence of others. Damages are usually divided into two categories: compensatory and punitive. Compensation damages are based on medical bills as well as pain and suffering compensation and other out-of pocket expenses. Punitive damages, which are very rare, are meant to punish the offender when they have committed a number of extreme crimes. The first type of damages is often referred to as “economic damages.” This covers the cost of out-of-pocket expenses incurred due to the accident or injury. These could include doctor's bills as well as hospital expenses and physical therapy expenses. In some instances additional expenses, such as the cost of traveling to and from appointments or modifications made to your home to accommodate permanent disabilities may also be included in an insurance claim. Non-economic damages are also called “pain and suffer” damages. These are more difficult to quantify and are a result of the mental and emotional stress, anxiety and suffering that accidents can cause. Your lawyer will help you determine the value of these damages based on the severity of your injury. Arlington injury attorneys could be based on your ability to continue enjoying the activities you used to do or the loss of your relationship with family members. Statute of Limitations A legal requirement, known as the statute of limitations, anyone who suffers injury as a result of an accident must make a claim within a certain time frame or the claim will be rejected by the courts. This is to stop evidence from being forgotten or lost, and also to stop those who delay bringing litigation related to an incident out for a long time. The exact time limit differs from one state another, but most personal injury lawsuits have a time limit of between two and four years. However, there are exceptions that may prolong the time a victim has to submit their claim. They should seek legal advice for help to determine whether or not your case falls under one of the exceptions. A key aspect of the statute of limitations is that it applies only to the filing of an action in court. Many cases of injury are resolved through the process of filing an insurance claim and do not require a formal lawsuit filing. It is nevertheless essential to allow yourself sufficient time to file a lawsuit in the event that insurance negotiations aren't as smooth as you had hoped, or if a problem occurs which cannot be resolved through insurance. Certain circumstances may stop the clock on the statute of limitations, but they are rare and need to be considered on a case-by case basis. The statute of limitations may not be established 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 made against municipalities. Complaint A personal injury lawsuit is brought by the victim against the person who caused the injury. The plaintiff claims that the defendant violated the duty of care, and that the breach caused harm and loss to the plaintiff, and that the defendant should be held accountable for the losses. The complaint is the primary document that is filed in a personal injury case. It includes specific allegations about the incident that caused your injuries and the damages you are seeking. It also contains a “prayer for relief” which outlines what you want the court to do. The summons and complaint must be given to the defendant. After the complaint is filed, the defendant is required to respond to the complaint within a specified timeframe, and may either deny or admit the allegations in the complaint. The defendant can also bring a counterclaim against plaintiff or bring in another defendant as a third-party defendant. A successful personal injury lawsuit is based on solid evidence including medical documents and testimony from witnesses. We work closely with our clients to gather the relevant information and incorporate it in the case. The evidence we have can also assist us to negotiate with the defense attorneys or insurance companies to negotiate the most favorable settlement offer. Preliminary Conference In a personal injury case the attorney for you must prove that the defendant's negligence caused your accident. You must also prove you were injured in the accident and that your injuries are worth an amount of money. It's a long process, but it is at the trial that you'll finally know if you will be awarded the compensation you are entitled to. In the case of a trial before the jury your lawyer will argue that the defendant is at responsibility and the need to pay for your losses. The defendant will provide evidence to prove that their actions are not connected to the accident. This will prevent the defendant from paying for your losses. Before you can proceed to trial you must attend a preliminary conference. This is the first time your case is subject to 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 registrar or an individual from the court's staff. All parties must attend the initial conference in person unless the case is handled by the New York's Differentiated Case Management Rule or the Rules are exempted in other ways. If a person is unable to attend in person, the convenor is able to permit them to attend via telephone or online. If your case is scheduled to be a part of the Differentiated Case Management program, the preliminary conference will provide an opportunity to determine whether your case falls under one of the three categories – expedited, standard or complex. Bill of Particulars After the summons and complaint have been filed, defendants named in the lawsuit will be given twenty to thirty days (although this time frame may be extended by the court). Once the Answer has been filed, the case moves into the discovery phase. In this stage the parties exchange information via written demands for discovery and depositions. After the discovery process is concluded, the plaintiff's attorney prepares what is known as a Bill of Particulars. This document outlines the legal claims being made 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 being made, to help them prepare for trial. The court must review the Bill of Particulars before it can be complied with. In general, courts will only accept a Bill of Particulars that is not overbroad or vague. A Bill of Particulars should be limited to the specific negligence that is being claimed and should not contain new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ), for example was a case in which the court ruled that the plaintiff had not been negligent. In 1994, the court affirmed the motion to strike out any references to willful or intentional actions in a medical malpractice case. The court will not allow the introduction of a new doctrine of recovery at an unreasonably late stage in the case. To avoid negative consequences, an amendment made late to the Bill of Particulars should only be allowed when supported by an affidavit stating an adequate explanation for the lateness of the amendment. Physical Examination When a defense attorney or insurance company demands that you attend an Independent Medical Examination (IME) Your first reaction may be to question the reason why a doctor who does not know you and your medical history and the particulars of your accident is being required to conduct an examination. This type of examination is required by Washington law, could be beneficial to your case. IMEs are typically conducted by doctors employed by the insurance company of the defendant. Their aim is to offer a different view of your injuries. While they are sometimes described as “independent,” these physicians – just like the insurance companies – have their own agenda and financial stake in decreasing the amount of compensation that can be given to a victim of injury. Your Orange County personal injury attorney will make sure you know what you can expect from an IME and will provide the doctor with a copy of all pertinent medical records. Your lawyer will also be present at the IME and can ensure that you are examined fairly by ensuring that the questions of the doctor do not diverge from the ones in your medical records. It is important to not play around with the severity of your injuries with these doctors, as they are trained to spot the deceit and may utilize this information against you in trial.