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What is a Personal Injury Lawsuit? If you've been hurt through the actions or inactions, you could be eligible for compensation. To learn more about your rights under the law get in touch with a seasoned personal injury lawyer. A personal injury lawsuit is civil dispute in which the plaintiff seeks compensation for their losses. Austin injury attorney includes medical bills as well as lost wages and property damage. The process can take anywhere between a few months and several years. Damages A personal injury lawsuit is a process to force another person or entity to pay money for damages related to an accident. The party who suffered the injury is known as the plaintiff, while the responsible parties are called defendants. When someone dies as a result of negligence or wrongdoing by others In wrongful deaths, the case can be included in personal injury claims. A victim's damages are typically divided into two categories which are: punitive and compensatory. Compensation damages can include medical bills, pain and suffering compensation, and other out of pocket expenses. Punitive damages are rare and are intended to penalize the offender for extreme behavior. This category includes all expenses that result from the accident or injury. These could include hospital bills medical expenses, doctor's charges and physical therapy costs. In certain cases additional expenses, such as the cost of traveling to and from appointments or modifications made to your home due to permanent disabilities could also be included in an insurance claim. Non-economic damages are commonly referred to as “pain and suffering” damages. These damages are difficult to quantify, and they include the emotional stress and mental stress that an accident can cause. Depending on the severity of your injuries your lawyer will help you estimate the value of these damages. This could be based on the ability to participate in activities that you previously enjoyed or your loss of connection with family members. Statute of Limitations A legal requirement known as the statute of limitations stipulates that anyone injured in an accident should file a lawsuit before a certain date or the claim will be dismissed. This is to protect evidence from being lost or forgotten and to prevent people from dragging out litigation relating to incidents for an indefinite period. The exact time frame is different from state to state, but personal injury claims typically have a two- to four-year limit. However there are exceptions that could extend 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 into one of these exceptions. A key aspect of the statute of limitations is that it only applies to the filing of a lawsuit in court. Insurance claims are typically used to settle injury cases and do not require formal lawsuits. However, it is crucial to give yourself enough time to take legal action just in case insurance negotiations don't take place as planned or if an issue arises that cannot be easily addressed through the insurance system. Certain circumstances can stop the clock on the statute of limitations, but they are rare and need to be evaluated on a case-by-case basis. For instance the statute of limitations might not start running until a victim discovered or reasonably should have discovered that their injury was caused by someone else'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 filed by a victim against the person who caused the injury. It claims that the defendant violated the duty of care, and that the breach caused harm and losses to the plaintiff, and that the defendant should be held accountable for the damages. The complaint is the first document that you file in a personal injury lawsuit. It provides detailed details concerning the incident that led to your injuries as well as the damages you are seeking. The complaint also contains an “prayer of relief” that outlines what you want the court to do. The summons and complaint should be handed over to the defendant. After the complaint is filed, the defendant is required to file an answer to the complaint within a specified time period, and they must either accept or deny the allegations made in the complaint. The defendant can also bring a counterclaim against 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 work closely together with our clients to collect all relevant information and include it in the case. The evidence we have will also help us to negotiate with the defendants' lawyers or insurance agents to obtain the best settlement offer. Preliminary Conference In a personal injury case, 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 could be a long process, but the trial is when you will be able to determine if you'll be awarded the damages you deserve. In a jury trial your lawyer will argue that the defendant is accountable and is required to compensate you for your losses. The defendant will provide evidence that their actions are unrelated to the accident, which will keep them from having to pay you for your losses. Before proceeding to trial, you must attend a preliminary conference. This is the first time your case will be subject to deadlines imposed by a judge. This is also the time when your lawyer will discuss the case with the defense. A judicial registrar, or a member of the court staff typically holds preliminary conferences. All parties must attend the initial conference in person unless the case is handled in accordance with the New York's Differentiated Case Management Rule or the Rules are exempted in other ways. If a party is unable to attend in person, the convenor is able to permit them to attend via phone or online. If your case is part of the Differentiated Case Management Program, the initial meeting provides an opportunity to determine if your case falls into one of three categories – complicated or expedited standard. Bill of Particulars After the complaint and summons have been filed, defendants named in the lawsuit will be given twenty to thirty days (although this deadline can be extended by the court). When the Answer is filed, the case is moved to what is called the discovery phase. In this stage both parties exchange information via written demands for discovery and depositions. The lawyer of the plaintiff drafts a Bill of Particulars at the conclusion of the discovery. This document outlines legal claims and the relief sought, usually the award of damages in cash. The Bill of Particulars is intended to inform the defendant notice of the specific legal claims being made so that he or she is able to effectively prepare for trial. Before a Bill of Particulars can be followed, it must be scrutinized by the court. Generally, the court will only comply with a Bill of Particulars that is not vague or overly broad. A Bill of Particulars should be limited to the specific acts of negligence being claimed and should not add new claims. For instance in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. 1994), the court sustained the motion to strike all references to intentional and willful actions from a medical malpractice claim. The court will also not allow a new doctrine to be introduced at a point in the case that is unreasonable late. To avoid causing prejudice, a late amendment to the Bill of Particulars must be supported by an affidavit that gives a reasonable explanation of the lateness of this amendment. Physical Exam It is possible to ask why a doctor, who doesn't know you or your medical history and is unfamiliar with the specifics of your accident, would be required to conduct a medical exam. This type of examination is required under Washington law, can be beneficial to your case. IMEs are usually conducted by doctors hired by the insurer of the defendant. Their aim is to provide an alternative perspective on your injuries. While they are sometimes referred to as “independent,” these physicians as well as insurance companies have their own agendas and financial stake in decreasing the amount of compensation that can be given to a victim of injury. Your Orange County personal injury attorney will ensure that you understand what to expect from an IME and will provide the doctor with a copy of all 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. You should not downplay or exaggerate the severity of your injuries to these doctors. They are trained to spot fraudulent behavior, and can use this information at trial.