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What is a Personal Injury Lawsuit? If you've been hurt due to another's actions or inactions, you could be able to recover compensation. To find out more about your rights under the law, contact an experienced personal injury lawyer. A personal injury lawsuit is civil litigant in which the plaintiff seeks compensation for their losses. This can include 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 that is taken to force another person or entity to compensate you for the damages that result from an accident. The injured party is known as the plaintiff, while the parties responsible are referred to as defendants. When someone dies as a result of inattention or negligence of others the wrongful death case are often included in personal injury lawsuits. The damages of a victim are typically divided into two categories: compensatory and punitive. Compensatory damages include medical bills, pain and suffering compensation and other out-of pocket expenses. Punitive damages, which are not common and are intended to punish the perpetrator for committing extreme acts. This category covers all expenses incurred as a result of the accident or injury. These could include doctor's bills or hospital costs, as well as physical therapy costs. Some claims may also include additional expenses, such as transportation costs to and from appointments or the need to modify your home to accommodate a disability that is permanent. Non-economic damages are commonly described as “pain and suffering” damages. These damages are harder to quantify, and include the emotional stress and mental anguish that an accident can cause. Your lawyer will assist you to determine the value of these damages based on the severity of your injuries. This might be based on your ability to participate in activities that you previously enjoyed or the loss of your relationship with family members. Winston-Salem injury lawyer You Tube of limitations Under a legal rule called the statute of limitations, anyone who suffers an injury in an accident must make a claim within a certain time frame or the claim will be dismissed by the courts. This is done to prevent evidence from being forgotten or lost, and also to stop people from dragging incident-related litigation out for a long time. The exact duration of the time limit varies from one state to another, but the majority of personal injury claims have a time limit of two to four years. However there are exceptions that may extend the amount of time required for a victim to file their claim and they should seek legal advice when to determine if their case falls into one of the exceptions. One of the most important aspects of the statute of limitations is that it is only applicable to the filing of a lawsuit in court. Many cases of injury are resolved through the insurance claim process and do not require formal lawsuit filing. It is important to give yourself enough time to start a lawsuit in the event that negotiations with insurance do not go as planned or if there is a problem that cannot be resolved with insurance. Certain circumstances can 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 begin until the victim discovers or should have known that the injury resulted from someone else's negligence. In some states, like New York, it is different for claims that are made against municipalities. Complaint A personal injury lawsuit is a civil suit brought by an injured person against the person or entity who caused the injury. It claims that the defendant violated a duty of care, that the breach caused harm and losses to the plaintiff and that the defendant is accountable for the losses. The first document filed in a personal injury lawsuit is known as the complaint, and it contains detailed allegations about the incident that led to your injuries. It also outlines the damages you're seeking. The complaint also includes the “prayer of relief” which describes what you would like 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 time limits and either admit or deny the allegations made in the complaint. The defendant may also file a counterclaim or add another defendant to the case by naming 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 ensure that all relevant information is gathered and included in the case. The evidence will also help us negotiate with the attorney for the defendant or insurance agents to obtain 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 your accident and that the injuries are worthy of financial compensation. This could be a long process however, the trial is when you can finally determine whether you'll get the damages you're entitled to. In the trial before the jury your lawyer will argue for the defendant's responsibility and the need to pay for your losses. The defendant will provide evidence that their actions are not related to the accident, which will prevent them from having to compensate you for your losses. You must attend a pre-trial discussion prior to proceeding with the trial. This is the first time that your case has deadlines set by a court. It is also the time that your attorney will discuss the case with the defense. Preliminary conferences are typically conducted by a judicial register or an individual from the court's staff. Unless the case is being handled by the New York's Differentiated Case Management Rule, or is otherwise exempt from the Rules the parties are required to attend in person. If a party is not able to attend in person, the convenor can permit them to participate via phone or online. If your case is part of the Differentiated Case Management Program, an initial meeting also provides an opportunity to determine if your case falls under one of three categories namely expedited standard or complex. Bill of Particulars After a summons or complaint are filed, the defendants who are named in the lawsuit have the option of having twenty or thirty days to respond (although this deadline can be extended if the court gives permission). After the Answer is filed, the matter moves into what is called the discovery phase. In this phase both sides exchange information in the form of written demand for discovery and depositions. At the conclusion of discovery The attorney for the plaintiff prepares what is called a Bill of Particulars. This document provides the legal claims being made as well as the relief sought – usually an award of money damages. 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. The court must review the Bill of Particulars before it can be complied with. In general, courts will only comply with a Bill of Particulars that is not overbroad or vague. A Bill of Particulars must only include the specific acts of negligence that are being claimed, and not add any new claims. For instance, in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. In 1994, the court affirmed the motion to strike out any references to willful or intentional acts in a medical malpractice case. Similarly, the court will not allow introduction of a new doctrine of recovery at an unreasonable late point in the action. To avoid negative consequences, an amendment made late to a Bill of Particulars should only be allowed when supported by an affidavit that provides a reasonable excuse for the lateness of the amendment. Physical Examination If a defense attorney, or an insurance company requests that you take part in an Independent Medical Examination (IME) the first reaction could be to wonder the reason a doctor who may not know you and your medical history and the details of your incident is asked to conduct an exam. This type of examination, which is required by Washington law, can be beneficial to your case. IMEs are usually performed by doctors who are employed by the defendant’s insurance company. Their goal is to provide an alternative perspective on your injuries. Although they are sometimes described as “independent,” these physicians as well as insurance companies – have their own agenda and financial motives in reducing the amount of compensation that may be given to a victim of injury. Your Orange County personal injury attorney will make sure you know what to expect from an IME and will provide the doctor with a copy of all relevant medical records. Your lawyer will also be present at the IME and can ensure that you are examined with respect and courtesy by ensuring that doctors ' questions aren't divergent from those in your medical records. It is important to not play up or down the extent of your injuries with these doctors, as they are trained to spot fraud and could use this information against you in trial.