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What is a Personal Injury Lawsuit? You may be eligible for compensation if you have suffered injuries due to the actions or inactions of someone else. Contact an experienced personal injury lawyer to find out more about your rights. Brooklyn Park injury lawsuit www.youtube.com is a civil litigation where the plaintiff seeks compensation for their losses. This includes medical expenses, lost wages and property damage. The process can take anywhere between a few months and several years. Damages A personal injury lawsuit is a legal proceeding to force another person or entity to pay you money for damages related to an accident. The plaintiff is the victim and the defendants are the parties responsible. Personal injury cases may include wrongful death claims when someone dies due to the inattention or negligence of others. A victim's damages are typically divided into two categories that are punitive and compensatory. 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, which are not common, are meant to punish the perpetrator if they have committed extreme acts. The first category of damages is often referred to as “economic damages.” This includes all out-of-pocket expenses associated with the accident and injuries. These could include doctor's bills, hospital costs and physical therapy costs. Some claims could also cover additional costs, like transportation costs to and from appointments, or home modifications to accommodate a disability that is permanent. Non-economic losses are often referred to as “pain and suffering” damages. They are more difficult to quantify and include the emotional distress, mental suffering and anguish caused by accidents. Based on the extent of your injuries, your lawyer will assist you to place a value on the damages. This could be based on the ability to do things you did before or your loss of consortium with your family. Statute of limitations In a legal rule known as the statute of limitations, anyone who suffers an injury in an accident must bring a lawsuit within a specific time period or the claim will be rejected by the courts. This is to stop evidence from being lost or lost and to stop people from dragging incident-related litigation out indefinitely. The time frame for filing a claim differs from one state another, but the majority of personal injury claims have a limit of between two and four years. However there are exceptions that could prolong the time required for a victim to file their claim and they should seek legal advice for assistance in determining whether or not their case falls within one of the exceptions. One of the main facets of the statute of limitations is that it is only applicable to the filing of an action in court. A majority of injuries cases are resolved through the process of filing an insurance claim and do not require formal lawsuit filing. It is nevertheless essential to allow yourself sufficient time to file a lawsuit in the event that negotiations with insurance aren't as smooth as you had hoped, or if a problem arises that cannot be resolved with insurance. Certain circumstances can stop the clock on the statute of limitations, however they are rare and need to be considered on a case by case basis. The statute of limitations might not begin until the victim discovers or should have known that the injury was caused by someone else's negligence. In some states, like New York, it is different for claims made against municipalities. Complaint A personal injury lawsuit is filed by a victim against the person who caused the injury. It alleges that the defendant breached the duty of care, and that the breach caused harm and losses to the plaintiff and that the defendant is liable for those damages. The complaint is the primary document that is filed in a personal injury case. It provides detailed details concerning the incident that caused your injuries and the damages you want. It also contains an “prayer for relief” that describes 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 a set of time frames and either accept or deny all allegations made in the complaint. The defendant can also file a counterclaim, or add a third party defendant to the case as a third party defendant. A successful personal 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 will 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 case the attorney for you must prove that the defendant's negligence caused your accident. You must also prove you suffered injuries in your accident and that the injuries are worth an amount of money. It's a long procedure, but it's at the trial that you'll finally know if you will receive the damages you are entitled to. In a trial before the jury the lawyer will argue for the defendant's liability and that they must 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. Before proceeding to trial you must attend a preliminaries conference. This is the first time your case is subject to deadlines set by a judge. This is also the time that your attorney will discuss the case with the defense. A judicial registrar, also known as a member of the court's staff, typically holds preliminary conferences. If the case is handled under 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 party is unable to attend in person they can participate via telephone or on the internet with the approval of the convenor. If your case is part of the Differentiated Case Management Program, the initial meeting 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, defendants named in the lawsuit will be given between twenty and thirty days (although this time frame is able to be extended by the court). Once the Answer has been filed, the case is moved into the discovery phase. In this period, both sides exchange information in the form of written demands for discovery and depositions. The plaintiff's lawyer prepares the Bill of Particulars at the conclusion of the discovery. The document is a legal declaration of claims and the relief sought – typically 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 he or she can effectively prepare for trial. The court must look over the Bill of Particulars before it is allowed to be enforced. In general, the court will only abide by the Bill of Particulars if it is not vague or overbroad. A Bill of Particulars should be limited to the specific negligence that is being claimed and should not add new claims. For instance in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. In 1994, the court affirmed a motion to strike any references to willful or intentional acts in a medical malpractice case. The court will not permit the introduction of a new doctrine of recovery at an unreasonably late point in the action. To avoid causing prejudice any late amendment to the Bill of Particulars must be supported by an affidavit which provides a reasonable explanation for the tardiness of the amendment. Physical Exam 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 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 their goal is to provide a different perspective to your injuries. These doctors, who are often referred to as “independent” and have their own agendas and financial stakes in reducing the amount of compensation which is awarded to injured victims. 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 all relevant medical records. Your lawyer will also be present at the IME and will make sure that you are being treated in a fair manner by ensuring that the doctors questions do not deviate from the ones in your medical records. You should not downplay or exaggerate the severity of your injury to these doctors. They are trained to spot dishonesty, and could make use of this information in a trial.