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What is a Personal Injury Lawsuit? If you've been hurt through the actions or inactions, you could be entitled to compensation. Contact a knowledgeable personal injury lawyer to learn more about your rights. A personal injury lawsuit is a civil litigant where the plaintiff seeks compensation for their loss. Anchorage injury lawsuits youtube.com includes medical bills, lost wages and property damage. The process can last from a few months to a few years. Damages A personal injury lawsuit is a legal process which is filed 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 responsible. If someone dies as a result of inattention or negligence of others the wrongful death case are often included in personal injury claims. Damages are usually classified into two categories: compensatory and punitive. Compensation damages are designed to make the victim whole for good, including out-of-pocket costs such as medical expenses and compensation for pain and suffering. Punitive damages are not common and designed to punish the perpetrator for their extreme behavior. The first category of damages is typically referred to as “economic damages.” This includes all out-of-pocket expenses associated with the accident or injury. This could include doctor's fees as well as hospital expenses and physical therapy expenses. Some claims may also include additional expenses, such as the cost of travel to and from appointments, or the need to modify your home to accommodate a permanent disability. Non-economic damages are also referred to by the term “pain and suffer” damages. These damages are difficult to quantify, and they include the emotional distress and mental stress that an accident can cause. Your lawyer will assist you to determine the value of these damages based on the severity of your injury. This might be based on the ability to continue enjoying the activities you previously enjoyed or your loss of consortium with family members. Statute of Limitations Under a legal rule called the statute of limitations, any person who is injured in an accident must make a claim within a certain time frame or their claim will be dismissed by the courts. This is to stop evidence from being forgotten or lost, and to prevent individuals from dragging litigation relating to incidents out for a long time. The exact duration of time differs between states, however personal injury claims generally have a two-to four-year limit. However there are exceptions that could extend the amount of time required for a victim to submit their claim. They should seek legal advice when determining whether or not your case falls under one of the exceptions. The statute of limitations only applies to lawsuits that are filed in court. Insurance claims are usually used to resolve injuries and do not require formal lawsuits. It is still important to give yourself enough time to start a lawsuit in the event that insurance negotiations do not go as planned or if a problem occurs that is not resolved by insurance. Certain circumstances can stop the clock on the statute of limitations however, these situations are very rare and have to be evaluated on an individual 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 some states, such as New York, it is different for claims against municipalities. Complaint A personal injury lawsuit is a civil case filed by an injured party against the person or entity who caused the injury. It asserts that the defendant breached their duty of care, and that the breach caused loss and harm to the plaintiff. The defendant is then held accountable for the losses. The first document filed in a personal injury lawsuit is referred to as the complaint, and it contains specific details about the incident that caused your injuries and outlines the damages you're seeking. The complaint also contains the “prayer of relief” which outlines what you want 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. The defendant must respond to the complaint within certain deadlines and either admit or deny all the allegations contained in the complaint. The defendant may also bring a counterclaim against plaintiff or introduce another defendant as third-party defendant. A successful personal injury lawsuit is based on solid evidence, including medical documents and witness testimony. We work closely together with our clients to gather all relevant information and then include it in the case. The evidence can also help us negotiate with the attorney for the defendant or insurance companies to negotiate the best settlement offer possible. Preliminary Conference In a personal injury case your lawyer must show that negligence on the part of the defendant led to your accident. You must also prove you suffered injuries in your accident and that your injuries are worthy of an amount of money. It can be a lengthy process however, the trial is when you can finally determine whether you'll receive the compensation you're entitled to. In the case of a trial before a jury, your lawyer will argue for the defendant's responsibility and they will argue that they have to compensate you for your losses. The defendant will present evidence that their actions are unrelated to the accident, which prevents them from having to pay you for your losses. You must attend a pre-trial discussion before proceeding with the trial. This is usually the first time that your case will be subject to deadlines established by the Court itself. This is also when your attorney will discuss the case with the defense. Preliminary meetings are usually held by a judicial register or someone on the court's staff. Unless the case is handled by 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 party is unable to attend in person, the convenor is able to permit them to participate via phone or online. If your case will be part of the Differentiated Case Management Program, the initial meeting provides an opportunity to determine whether your case falls into one of three categories namely expedited standard or complex. Bill of Particulars After the summons and complaint have been filed, defendants named in the lawsuit will have twenty to thirty days (although this timeframe can be extended by the court). When the Answer is filed, the case moves into what is known as the discovery phase. In this period, both sides exchange information in the form of written demands for discovery and depositions. The lawyer of the plaintiff drafts a Bill of Particulars at the end of discovery. This document outlines legal claims and the relief sought – usually the award of damages in cash. The Bill of Particulars is intended to put the defendant on notice of the specific legal claims being made so that they can prepare effectively for trial. Before a Bill of Particulars can be accepted, it must be scrutinized by the court. In general, a court will only abide by a Bill of Particulars if it is not vague or overbroad. A Bill of Particulars should be limited to the specific acts of negligence claimed and should not add 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 granted the motion to strike references to intentional and willful actions from a medical malpractice claim. In the same way, the court will not permit the addition of a new theory of recovery at an unreasonably late stage in the case. To avoid adverse consequences, a late amendment to a Bill of Particulars should only be permitted if supported by an affidavit that provides a reasonable excuse for the lateness of the amendment. Physical Exam You may question why a doctor, who doesn't know you, or your medical history and isn't familiar with the specifics of your incident, would be asked to conduct a medical examination. This type of examination, which is required by Washington law, could be beneficial to your case. Typically, IMEs are conducted by medical doctors who are employed by the insurance company of the defendant and aim to provide a different perspective to your injuries. Although they are often called “independent,” these physicians as well as insurance companies – have their own agenda and financial interest in decreasing the amount of compensation that could be awarded to an injured victim. Your Orange County personal injury attorney will ensure that you are aware of what you can expect from an IME and will provide an IME doctor with a copy of the relevant medical records. Your lawyer will be present during the IME to ensure that the questions asked by the doctor are in line with your medical records. It is important to not play up or down the severity of your injuries with the doctors, since they are trained to recognize the deceit and may use this information against you in trial.