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What is a Personal Injury Lawsuit? You could be eligible for compensation if you were injured as a result of the actions or inactions of someone else. Contact an experienced personal injury lawyer to learn more about your rights. A personal injury lawsuit is civil litigant where the plaintiff seeks compensation for their loss. This includes medical bills as well as lost wages and property damage. The process can run from a few months to several years. Damages A personal injury lawsuit is an action to force another person or entity to pay compensation for the damage caused by 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 negligence or wrongful actions of others. Damages are usually classified into two categories: compensatory and punitive. Compensatory damages are intended to ensure that the victim is completely again, including out-of-pocket expenses such as medical bills as well as compensation for pain and suffering. Punitive damages, which are not common and are intended to punish the wrongdoer if they have committed extreme crimes. This category covers all expenses that result from the accident or injury. This could include hospital bills medical expenses, doctor's charges and physical therapy costs. In some cases, additional expenses like the cost of traveling to and from appointments or modifications made to your home due to permanent disabilities may be included in a claim. Non-economic damages can also be described as “pain and suffer” damages. These are more difficult to quantify and include the mental and emotional stress, anguish and suffering that accidents can cause. Based on the extent of your injuries, your lawyer can help you estimate the value of the damages. This could be based on your capacity to enjoy activities you used to do or your loss of consortium with family members. 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 certain time frame or else their claim will be dismissed by the courts. This is done to prevent evidence from being lost or lost, and to prevent individuals from dragging litigation relating to incidents out indefinitely. The exact time limit varies from one state to another, but the majority of personal injury lawsuits have a time limit of two to four years. However, there are exceptions that can prolong the time that a victim must make a claim, and they should seek legal advice for assistance in to determine whether or not their case falls within one of these exceptions. One of the most important aspects of the statute of limitations is that it applies only to the filing of an action in a court. Many cases of injury are resolved through the process of claiming insurance and do not require formal lawsuit filing. It is important to give yourself enough time to file a lawsuit in the event that insurance negotiations aren't as smooth as you had hoped, or if there is a problem that is not resolved by insurance. Certain circumstances may stop the clock of the statute of limitations however, these situations are very rare and have to be analyzed on an individual 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, such as New York, it is different for claims made against municipalities. Complaint A personal injury lawsuit is brought by a victim against the person who caused the injury. The plaintiff claims that the defendant breached their duty of care, and that this breach resulted in harm and losses for the plaintiff. The defendant is held accountable for the losses. The complaint is the first document that you file in a personal injury case. It includes specific allegations about the incident that led to your injuries as well as the damages you want. The complaint also contains a “prayer of relief” which outlines what you would like the court to do. The summons and complaint should be given to the defendant. The defendant must respond to the complaint within certain time frames and either accept or deny all allegations contained in the complaint. The defendant may also file a counterclaim against the plaintiff or bring in another defendant as third-party defendant. Schaumburg injury lawsuit is based on solid evidence including medical documents and testimony from witnesses. We collaborate closely with our clients to ensure that all relevant information is gathered and included in the case. The evidence can also help us negotiate with the attorney of the defendant or insurance companies to negotiate the best settlement offer possible. 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 you suffered injuries in your accident and that the injuries are worthy of the amount of financial compensation. It's a long procedure, but it's at the trial that you will be able to determine if you be awarded the compensation you deserve. In a trial before a jury, your lawyer will argue that the defendant is liable and has to pay for your losses. The defendant will provide evidence that their actions are unrelated to the accident, which will prevent them from having to compensate you for your losses. Before you can proceed to trial you must attend a preliminary conference. This is usually the first time your case will have deadlines that are set by the Court itself. This is also the time when your attorney will be discussing the matter with the defense. Preliminary meetings are usually held by a judicial registrar, or an individual from the court's staff. Unless the case is handled under the New York's Differentiated Case Management Rule, or if it is exempted from the Rules, all participants are required to attend in person. If a person is unable to attend in person, the convenor may permit them to attend via phone or via the internet. 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: complicated or expedited standard. Bill of Particulars After the complaint and summons have been filed, the defendants named in the lawsuit will be given between twenty and thirty days (although this time frame can be extended by the court). Once the Answer has been filed, the matter moves into what is called the discovery phase. During this phase, both parties exchange information through written demands for discovery and depositions. At the conclusion of discovery, the plaintiff's attorney prepares what is called a Bill of Particulars. The document details legal claims and the relief sought – usually an award of money damages. The Bill of Particulars is intended to inform the defendant notice of the specific legal claims being made, so that they is able to effectively prepare for trial. Before a Bill of Particulars can be followed, it must be reviewed by the court. In general, a court will only accept a Bill of Particulars if it isn't vague or overly broad. A Bill of Particulars should be limited to the specific negligence that is being claimed and should not add 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. In 1994, the court upheld the motion to strike out any references to willful or intentional acts in a medical malpractice case. The court will not permit a new theory to be added at any point in the action that is unreasonably late. To avoid causing prejudice, any late amendment to the Bill of Particulars must be supported by an affidavit, which gives a reasonable explanation for the delay of this amendment. Physical Examination You might be wondering why a doctor who doesn't know you, or your medical history and is unfamiliar with the specifics of your incident, would be asked to conduct a medical exam. This type of exam is required by Washington law, can be beneficial to your case. IMEs are usually conducted by doctors hired by the insurance company of the defendant. They are there to offer a different view of your injuries. Although they are often described as “independent,” these physicians as well as insurance companies have their own agendas and financial stake in decreasing the amount of compensation that may be granted to a victim who has been injured. If you decide to go through an IME the Orange County personal injury lawyer will make sure that you are fully informed about what to expect and will provide copies of all relevant medical records to the doctor to review. Your lawyer will also be present at the IME and will ensure that you are examined fairly by ensuring that the doctors ' questions aren't divergent from the ones you have 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 make use of this information in a trial.