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What is a Personal Injury Lawsuit? You may be entitled to compensation if you have suffered injuries due to the actions or inactions of a third party. To learn more about your legal rights, contact an experienced personal injury lawyer. A personal injury lawsuit is a civil dispute where the plaintiff is seeking money to compensate for their losses, which include 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 process that is used to compel another person, or entity, to pay you for damages resulting from an accident. The plaintiff is the injured party, and the defendants are the ones responsible. When someone dies as a result of inattention or negligence of others In wrongful deaths, the case can be included in personal injury claims. Damages are usually classified into two categories: punitive and compensatory. Compensation damages can include medical bills as well as pain and loss compensation, and other out-of-pocket expenses. Punitive damages, which are rare and are intended to punish the perpetrator when they have committed a number of extreme acts. This category covers all costs incurred as a result of the injury or accident. These could include doctor's bills, hospital costs and physical therapy expenses. In some instances additional expenses, such as the cost of travel to and from appointments, or modifications made to your home to accommodate permanent disabilities could also be included in an insurance claim. Non-economic damages are often referred to as “pain and suffering” damages. These damages are difficult to quantify, and they include the emotional distress and mental stress caused by accidents. Your lawyer can help you value these damages based on the severity of your injuries. 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 family. Statute of limitations In a legal rule known as the statute of limitations, anyone who is injured in an accident must file a lawsuit within a specified time or their claim will be rejected by the courts. This is done to stop evidence from being lost or lost, and to prevent those who delay bringing litigation related to an incident out for a long time. The exact duration of time is different from state to state however, personal injury claims typically have a two-to four-year limit. There are certain exceptions to the to file a claim. If you need assistance to determine if your claim is one of these exceptions, then it is best to seek legal advice. The statute of limitations applies only to lawsuits that are filed in the court. Many cases of injury are resolved through the insurance claim process and do not require formal lawsuit filing. It is still 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 a problem arises that is not resolved by insurance. Portland injury lawsuit www.youtube.com may stop the statute of limitations clock however, these situations are rare and generally need to be considered on a case-by-case basis. For instance, the statute of limitations might not begin to run until the victim discovers or ought to have realized that their injury was caused by someone else's negligent actions. In certain states, such as New York, the statute of limitations differs for claims against municipalities. Complaint A personal injury lawsuit is brought by the victim against the party who caused the injury. The plaintiff claims that the defendant breached their duty of care, and that this breach caused damage and losses for the plaintiff. The defendant is held accountable for the losses. The first document you file with a personal injury lawsuit is known as the complaint. It includes specific allegations regarding the incident that caused your injuries. It also lists the damages you seek. 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 notification that they are being sued. The defendant must respond to the complaint within a set of time limits and either admit or deny the allegations made in the complaint. The defendant may also file a counterclaim, or add a third party defendant to the case by naming third party defendant. A successful personal injury lawsuit is based on solid evidence including medical records and testimony from witnesses. We work closely together with our clients to collect all relevant information and then include it in the case. The evidence can also help us negotiate with the attorney of the defendant or insurance representatives to get the most favorable settlement offer. Preliminary Conference In a personal injury lawsuit, your attorney must prove that the negligence of the defendant led to your accident. You must also prove that you suffered injuries as a result of your accident, and that the injuries you sustained are worthy of financial compensation. It's not an easy process, but it's at the trial that you'll be able to determine if you get the compensation you are entitled to. In a trial before a jury your lawyer will argue the defendant's responsibility and the need to be held accountable for your losses. The defendant will argue that their actions do not contribute to the accident, which will keep them from having to pay you for your losses. You must attend a pre-trial meeting before proceeding with the trial. This is often the first time your case will be subject to deadlines set by the Court itself. This is also the time when your attorney will be discussing the case with the defense. A judicial registrar, also known as a member from the court staff, usually conducts preliminary conferences. Unless the case is being handled in accordance with New York's Differentiated Case Management Rule, or if it is exempted from the Rules All parties are required to attend in person. 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 will be part of the Differentiated Case Management Program, an initial meeting also provides an opportunity to determine whether your case falls into one of three categories: expedited standard or complex. Bill of Particulars After the complaint and summons have been filed, the defendants named in the lawsuit will have between twenty and thirty days (although this time frame is able to be extended by the court). Once the Answer is filed, the case is moved into the discovery phase. In this phase the parties exchange information in the form of written demands for discovery and depositions. The lawyer of the plaintiff drafts the Bill of Particulars at the end of the discovery. The document details 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 filed so that they can effectively prepare for trial. The court must examine the Bill of Particulars before it is able to be followed. In general, a court will only accept the Bill of Particulars if it is not vague or broad. A Bill of Particulars must only include the specific acts of neglect that are being claimed and not include any new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ) for instance was a case in which the court ruled that the plaintiff had not been negligent. 1994) The court ruled in favor of 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 introduction of a new doctrine of recovery at a disproportionately late stage in the litigation. To avoid causing prejudice any late amendment to the Bill of Particulars must be supported by an affidavit that gives a reasonable explanation of the lateness of this amendment. Physical Exam It is possible to ask why a doctor who doesn't know you, or your medical history and is unfamiliar with the specifics of your accident, should be asked to conduct a medical exam. This type of examination is required by Washington law, can be beneficial to your case. IMEs are usually conducted by doctors employed by the insurance company of the defendant. Their aim is to provide an alternative perspective on your injuries. Although they are often described as “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 make sure you know what to expect from an IME and will give the doctor with a copy of all relevant medical records. Your lawyer will be present during the IME to ensure that the questions posed by the doctor are in accordance with your medical records. Do not underplay or exaggerate the severity of your injuries to these doctors. They are trained to detect dishonesty, and could use this information at trial.