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What is a Personal Injury Lawsuit? If you have been injured due to another's actions or inactions, you could be able to recover compensation. Contact a seasoned personal injury attorney to learn more about your rights. A personal injury lawsuit is civil dispute in which the plaintiff seeks compensation for their loss. This can include medical bills as well as lost wages and property damage. The process can last from a few months to a few years. Newport News injury lawsuit is a legal action which is filed to force another individual or entity to pay you for damages resulting from an accident. The party who suffered the injury is known as the plaintiff and the responsible parties are called defendants. Personal injury cases can also include wrongful death claims when someone dies because of the inattention or negligence of others. The damages of a victim are typically broken down into two groups which are: punitive and compensatory. Compensatory damages include medical bills as well as pain and suffering compensation, and other out-of-pocket expenses. Punitive damages, which are very rare and are intended to punish the perpetrator for committing extreme crimes. This category covers all expenses that result from the accident or injury. These could include doctor's bills or hospital costs, as well as physical therapy costs. In some instances additional expenses, such as the cost of travel to and from appointments, or changes to your home for permanent disabilities could be included in an insurance claim. Non-economic damages are also described as “pain and suffer” damages. These damages are more difficult to quantify and comprise the emotional distress and mental stress caused by accidents. Depending on the severity of your injuries, your lawyer will assist you to estimate the value of the damages. This might be based on the ability to participate in activities that you previously enjoyed or your loss of consortium with family members. Statute of limitations A legal requirement, known as the statute of limitations, any person who is injured in an accident must bring a lawsuit within a specified time or the claim will be dismissed by the courts. This is to prevent evidence from being lost or forgotten, and to prevent people from dragging out incident-related litigation indefinitely. The time frame for filing a claim varies from one state to another, but the majority of personal injury lawsuits have a time frame of between two and four years. However there are exceptions that can prolong the time a victim has to submit their claim. They should seek legal advice when to determine 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. Many cases of injury are resolved through the insurance claim process and do not require formal lawsuit filing. Even so, it is important to leave yourself enough time to file a lawsuit just in case insurance negotiations fail to take place as planned or if an issue arises that can't be addressed by the insurance system. A few circumstances can pause the clock on the statute of limitations however these cases are rare and generally need to be considered on a case-by-case basis. For instance, the statute of limitations may not start to run until the victim discovers or ought to have realized that their injuries were caused by another person's negligent actions, and in certain states, like New York, the statute of limitations differs for claims against municipalities. Complaint A personal injury lawsuit is a civil suit initiated by a victim against the person or entity that caused the injury. The plaintiff claims that the defendant breached a duty of care, and that this breach caused harm and losses to the plaintiff, and that the defendant is 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 are seeking. The complaint also includes a “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 which is a notification that they are being sued. The defendant must respond to the complaint within a set of deadlines and either admit or deny all allegations contained in the complaint. The defendant may also make a counterclaim against the plaintiff or bring in another defendant as third-party defendant. A successful personal injury lawsuit is based on solid evidence, which includes medical records and witness testimony. 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 most favorable settlement offer. Preliminary Conference In a personal injury lawsuit the attorney for you must prove that the defendant's negligence caused your accident. You must also prove that you were injured in the accident and that these injuries are worthy of financial compensation. It's a long process, but it's at the trial that you'll find out if you receive the damages you are entitled to. In a trial before the jury the lawyer will argue that the defendant is at responsibility and they will argue that they have to pay for your losses. The defendant will argue that their actions are unrelated to the accident, which will keep them from having to reimburse you for your losses. You must attend a pre-trial discussion before proceeding with the trial. This is the first time that your case is subject to deadlines set by a court. This is also when your attorney will discuss the issue with the defense. A judicial registrar, also known as an official of the court's staff, usually conducts preliminary conferences. All parties must attend the initial conference in person unless the case has been handled in accordance with New York's Differentiated Case Management Rule or the Rules are exempted in other ways. However, if a party is unable to attend in person, they can take part via phone or online with the permission of the convenor. If your case is part of the Differentiated Case Management Program, a preliminary meeting is also an opportunity to determine if your case falls within one of three categories namely complicated or expedited standard. Bill of Particulars After the summons and complaint have been filed, the defendants named in the lawsuit will have twenty to thirty days (although this time frame may be extended by the court). When the Answer is filed, the case moves into what is known as the discovery phase. In this phase both sides 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. This document outlines legal claims and the relief sought, usually the award of damages in cash. The Bill of Particulars is meant to inform the defendant of the specific legal claims made, to help them prepare for trial. The court must review the Bill of Particulars before it is able to be followed. Generally speaking, the court will only comply with a Bill of Particulars that is not overbroad or vague. A Bill of Particulars should be limited to the specific acts of negligence being 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 concluded that the plaintiff had not been negligent. In 1994, the court upheld the motion to strike all the reference to willful or deliberate acts in a medical malpractice case. In the same way, the court will not permit the addition of a new theory of recovery at a disproportionately late stage in the case. To avoid negative consequences, an amendment made late to the Bill of Particulars should only be permitted if supported by an affidavit that provides an acceptable explanation for the delay in the amendment. Physical Examination You may question why a doctor, who doesn't know you, or your medical history, and isn't familiar with the specifics of your accident, would be asked to conduct a medical examination. This type of examination, which is required by Washington law, can be beneficial to your case. IMEs are typically conducted by doctors hired by the insurer of the defendant. They are there to provide an alternative view of your injuries. While they are sometimes called “independent,” these physicians as well as insurance companies – have their own agenda and financial stake in cutting down on the amount of compensation that can be granted to a victim who has been injured. Your Orange County personal injury attorney will ensure that you are aware of what to expect from an IME and will provide the 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 consistent with your medical records. It is not advisable to downplay or exaggerate the severity of your injury to these doctors. They are trained to spot fraudulent behavior, and can utilize this information in court.