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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. To learn more about your rights under the law, contact an experienced personal injury lawyer. A personal injury lawsuit is a civil dispute where the plaintiff is seeking compensation for their losses, such as medical bills, lost wages property damage, and other costs. The process can last from a few months to several years. Damages A personal injury lawsuit is a legal proceeding to compel another person or entity to pay compensation for the damages resulting from an accident. The person who is injured is referred to as the plaintiff, while the parties responsible are referred to as defendants. If someone dies as a result of the negligence or wrongdoing by others, wrongful death cases can be included in personal injury claims. Damages are usually divided into two categories: punitive and compensatory. Compensatory damages include medical bills, pain and suffering compensation, and other out of pocket expenses. Punitive damages, which are not common and are designed to punish the perpetrator when they have committed a number of extreme actions. The first category of damages is usually called “economic damages.” This includes the cost of out-of-pocket expenses incurred due to the accident and injuries. This could include doctor's fees or hospital costs, as well as physical therapy costs. Some claims could also cover additional costs, like the cost of travel to and from appointments or modifications to your home to accommodate a disability that is permanent. Non-economic damages are commonly called “pain and suffering” damages. These damages are difficult to quantify, and include the emotional distress and mental anguish that accidents can cause. Your lawyer will help you value these damages based on the severity of your injury. This could be based on the capacity to perform the things you were previously able to do or your loss in consortium with your family. Statute of limitations A legal requirement known as the statute of limitations stipulates that anyone injured in an accident should file a lawsuit before a certain date or else their claim will be dismissed. This is to safeguard evidence from being lost or forgotten, and to stop people from carrying out litigation related to an incident for a long time. The exact duration of time is different from state to state, but personal injury claims typically have a two-to four-year time limit. There are some exceptions to the time limit for filing a claim. If you need assistance to determine if your claim falls under one of these exceptions, then it is best to seek legal advice. A key aspect of the statute of limitations is that it only applies to the filing of a lawsuit in court. Many injury cases are resolved through the insurance claim process and do not require formal lawsuit filing. It is essential to allow yourself sufficient time to bring a lawsuit in the event that negotiations with insurance don't go as planned, or if a problem occurs that is not resolved by insurance. A few circumstances can pause the clock of the statute of limitations, but these instances are rare and generally need to be analyzed on a case-by-case basis. The statute of limitations might not begin until the victim realizes or should have realized that the injury resulted from 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 case filed by an injured party against the person or entity that caused the injury. It claims that the defendant breached the duty of care, that this 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 includes specific allegations concerning the incident that caused your injuries as well as the damages you are seeking. It also includes an “prayer for relief” which outlines what you would like the court to do. The complaint and summons must be handed over to the defendant. The defendant must respond to the complaint within certain deadlines and either admit or deny all allegations contained in the complaint. The defendant may also file a counterclaim, or add another defendant to the case as third party defendant. A successful personal injury lawsuit is built 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 defendant's attorneys or insurance companies to negotiate the most favorable settlement offer. Gastonia injury lawyer In a personal injury lawsuit your lawyer must demonstrate that the defendant's negligence caused your accident. You must also prove that you suffered injuries from your accident, and that those injuries warrant financial compensation. This can be a long process, but the trial is where you can finally determine whether you'll be awarded the damages you're entitled to. In the case of a trial before the jury the lawyer will argue that the defendant is at liability and that they must compensate you for your losses. The defendant will provide evidence that their actions are unrelated to the accident, which will prevent them from having to pay you for your losses. Before you can proceed to trial, you must attend a preliminaries conference. This is the first time that your case has deadlines set by a court. It is also the time when your attorney will discuss the case with the defense. A judicial registrar, or an official from the court staff, typically holds preliminary conferences. All parties must attend the preliminary 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 can permit them to participate via phone or via the internet. If your case will be part of the Differentiated Case Management Program, the initial meeting provides an opportunity to determine if your case falls under one of three categories – expedited standard or complex. Bill of Particulars After the complaint and summons have been filed, defendants named in the lawsuit will have between twenty and thirty days (although this deadline can be extended by the court). Once the Answer has been filed, the case moves into what is called the discovery phase. In this stage both parties exchange information through written demands 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 – typically the award of damages in cash. The Bill of Particulars is meant to inform the defendant of the specific legal claims that are made to help them prepare for trial. Before a Bill of Particulars can be followed, it must be reviewed by the court. In general, a court will only abide by the Bill of Particulars if it is not vague or overbroad. A Bill of Particulars must only include the specific acts of negligence that are being asserted and must not include new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ), for example, was a case where the court found that the plaintiff had not been negligent. 1994), the court sustained the motion to strike references to intentional and willful acts from a medical malpractice claim. The court will not allow a new theory to be introduced at any point in the action 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 for the lateness of this amendment. Physical Exam When a defense attorney or insurance company demands that you attend an Independent Medical Examination (IME), your natural first instinct may be to question why a doctor who does not know you, your medical history, and the particulars of your incident is asked to conduct an exam. This type of exam is required under Washington law, can be beneficial to your case. IMEs are typically conducted by doctors employed by the insurance company of the defendant. Their goal is to offer a different perspective on your injuries. Although they are often referred to as “independent,” these physicians as well as insurance companies have their own agendas and financial stake in cutting down on the amount of compensation that may be granted to a victim who has been injured. If you choose to undergo an IME the Orange County personal injury lawyer will make sure that you are fully informed about what to expect and provide a copy of all relevant medical records to the doctor to look over. Your lawyer will also be present at the IME and can ensure that you are being treated with respect and courtesy by ensuring that questions of the doctor do not diverge from the ones in your medical records. Do not underplay or exaggerate the severity of your injury to these doctors. They are trained to spot fraud, and may use this information at trial.