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What is a Personal Injury Lawsuit? If Fayetteville injury attorneys 've been injured by another person's actions or inactions, you may be entitled to compensation. To find out more about your rights under the law get in touch with a seasoned personal injury lawyer. A personal injury lawsuit is a civil litigation where the plaintiff seeks compensation for their loss. This includes medical expenses or lost wages, as well as property damage. The process can last from several months to several years. Damages A personal injury lawsuit is an action to force another person or entity to pay you compensation for the damage caused by an accident. The person who is injured is referred to as the plaintiff and the responsible parties are called defendants. If someone dies as a result of inattention or negligence of others the wrongful death case may be part of personal injury claims. Damages are usually divided into two categories: punitive and compensatory. Compensatory damages are meant to help the victim get back on track for good, including out-of-pocket costs such as medical expenses and compensation for suffering and pain. Punitive damages, which are rare and are intended to punish the wrongdoer if they have committed extreme crimes. This category covers all costs incurred as a result of the accident or injury. This could include hospital bills medical expenses, doctor's charges and physical therapy costs. Some claims could also cover additional costs, like travel costs to and from appointments, or the need to modify your home to accommodate a disability that is permanent. Non-economic losses are often described as “pain and suffering” damages. These damages are more difficult to quantify and include the emotional distress and mental anguish that an accident can cause. Based on the severity of your injuries your lawyer will help you estimate the value of the damages. It could be based on your capacity to participate in activities that you previously enjoyed or the loss of your relationship with family members. Statute of Limitations A legal rule known as the statute of limitations obliges anyone injured in an accident file a lawsuit before a certain date or the claim will be dismissed. This is to prevent evidence from being lost or lost in the shuffle and to stop people from drag out litigation relating to incidents for an indefinite period. The time frame for filing a claim differs from one state another, but the majority of personal injury lawsuits have a time frame of between two and four years. However there are exceptions that may extend the amount of time that a victim must make a claim, and they should seek legal advice when to determine if their case falls within one of the exceptions. One of the most important aspects of the statute of limitations is that it only applies to the filing of a lawsuit in court. Many injury cases are resolved through the insurance claim process and do not require a formal lawsuit filing. But, it's important to leave yourself enough time to pursue legal action in the event that negotiations do not take place as planned or if an issue arises that cannot be resolved through the insurance system. A few circumstances can pause the statute of limitations clock however these cases are rare and generally need to be considered on an individual case-by-case basis. The statute of limitations might not begin until the victim is aware or should have known that the injury was caused by another's negligence. In certain states, such as New York, it is different for claims that are made against municipalities. Complaint A personal injury lawsuit is filed by the victim against the party who caused the injury. It claims that the defendant violated their duty of care and the breach caused damage and losses for the plaintiff. The defendant is held responsible for these damages. The complaint is the primary document filed in a personal injury lawsuit. It provides detailed details concerning the incident that caused your injuries, as well as the damages you seek. The complaint also contains a “prayer for relief” that describes what you would like the court to do. The complaint and summons must be given to the defendant. The defendant must respond to the complaint within a set of time limits and either admit or deny the allegations contained in the complaint. The defendant may also bring a counterclaim against plaintiff or bring in another defendant as a third-party defendant. A successful personal injury lawsuit relies on solid evidence including medical documents and testimony from witnesses. We work closely together with our clients to gather all relevant information and then include it in the case. The evidence will also assist us negotiate with the attorney for the defendant or insurance representatives to get the best settlement possible. Preliminary Conference In a personal injury lawsuit, your attorney must prove that the negligence of the defendant caused your accident. You must be able to prove that you sustained injuries as a result of your accident, and that the injuries you sustained are worthy of financial compensation. This can be a long process, but the trial is when you will be able to determine if you'll be awarded the damages you're entitled to. In a trial before a jury, your lawyer will argue that the defendant is responsible and has to pay for the losses you suffered. The defendant will argue that their actions do not contribute to the accident, which prevents them from having to compensate you for your losses. Before you can proceed to trial you must attend a preliminary conference. This is the first time your case is subject to deadlines set by a court. This is also when your attorney will be discussing the matter with the defense. Preliminary conferences are usually conducted by a judicial registrar, or someone on the court's staff. If the case is handled by New York's Differentiated Case Management Rule, or if it is exempted from the Rules the parties are required to attend in person. If a party cannot attend in person, they may participate via phone or internet with the permission of the convenor. If your case will be part of the Differentiated Case Management Program, a preliminary meeting is also an opportunity to determine whether your case falls under 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 be given between twenty and thirty days (although this deadline may be extended by the court). Once the Answer has been filed, the matter moves into what is called the discovery phase. During this phase the parties exchange information via written discovery demands and depositions. Following the conclusion of discovery The attorney for the plaintiff prepares what is called a Bill of Particulars. 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. Before a Bill of Particulars can be followed, it has to be reviewed by the court. In general, the court will only abide by a Bill of Particulars if it isn't vague or overly broad. A Bill of Particulars must only include the specific acts of neglect that are being asserted and must not include new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ) for instance was a case where the court found that the plaintiff had not been negligent. In 1994, the court upheld the motion to strike all references to intentional or willful acts in a medical malpractice case. Similarly, the court will not allow the introduction of a new theory of recovery at an unreasonably late stage in the litigation. To avoid causing prejudice, a late amendment to a Bill of Particulars must be supported by an affidavit that provides a reasonable explanation for the lateness of this amendment. Physical Exam You might be wondering why a doctor, who isn't familiar with you or your medical history and isn't familiar with the details of your accident, would be required to conduct a medical examination. However, this kind of exam is actually a requirement under Washington law, and it could be beneficial in your case. IMEs are typically performed by doctors who are employed by the defendant’s insurance company. They are there to provide an alternative view of your injuries. These physicians, who are often referred to as “independent” and have their own agendas and financial interests in reducing the amount of compensation which is paid to victims. If you decide to go through an IME the Orange County personal injury lawyer will ensure that you are aware of what to expect and will provide the complete set of medical records to the doctor to examine. Your lawyer will also be present at the IME and can ensure that you are examined in a fair manner by ensuring that the questions of the doctor do not diverge from the ones in your medical records. It is crucial to not play up or down the extent of your injuries with these doctors, as they are trained to spot fraud and could make use of this information against you in trial.