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What is a Personal Injury Lawsuit? If you've been injured through the actions or inactions, you may be entitled to compensation. To find out more about your legal rights get in touch with a seasoned personal injury lawyer. A personal injury lawsuit is civil litigation where the plaintiff seeks compensation for their losses. This includes medical expenses as well as lost wages and property damage. Boynton Beach injury attorney can last from a few months to a few years. Damages A personal injury lawsuit is a process to compel another person or entity to pay you compensation for the damages resulting from an accident. The person who is injured is referred to as the plaintiff, while the parties responsible are referred to as defendants. Personal injury cases may include wrongful death claims when someone dies due to negligence or wrongful actions of others. Damages are usually divided into two categories: compensatory and punitive. 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 designed to punish the perpetrator if they have committed extreme acts. The first category of damages is often called “economic damages.” This covers the cost of out-of-pocket expenses incurred due to the accident and injuries. These might include doctor's bills or hospital costs, as well as physical therapy expenses. Certain claims could also include additional costs, like travel costs to and from appointments, or home modifications to accommodate a permanent disability. Non-economic damages are often referred to as “pain and suffering” damages. These are more difficult to quantify and include the emotional distress, mental suffering and anguish that an accident can cause. Your lawyer will assist you to value these damages based on the extent of your injury. This might be based on your capacity to continue enjoying the activities you previously enjoyed or your loss of connection with family members. Statute of limitations In a legal rule known as the statute of limitations, anyone who suffers injury as a result of an accident must file a lawsuit within a specific time period or the claim will be dismissed by the courts. This is done to stop evidence from being lost or lost, and to prevent people from dragging incident-related litigation out indefinitely. The exact length of time for filing a claim differs between states, but personal injury claims typically have a two-to four-year limitation. There are some exceptions to the time limit for filing an injury claim. If you need help determining if your case falls under one of these exceptions, then it is recommended that you seek legal advice. The statute of limitations is only applicable to lawsuits that are filed in court. Insurance claims are usually used to settle injury cases and do not require formal lawsuits. It is still important to allow yourself enough time to bring a lawsuit in the event that negotiations with insurance don't go as planned, or if a problem occurs which cannot be resolved through insurance. A few circumstances can pause the clock of the statute of limitations however these cases are extremely rare and need to be considered on a case-by-case basis. The statute of limitations may not begin until the victim realizes or should have realized that the injury was caused by another's negligence. In certain 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. The plaintiff claims that the defendant violated their duty of care and this breach caused damage and losses for the plaintiff. The defendant is held responsible for these damages. The complaint is the first document filed in a personal injury lawsuit. It includes specific allegations about the incident that caused your injuries, as well as the damages you want. The complaint also contains a “prayer for relief” that outlines what you would like the court to do. The complaint must be served on the defendant along with a summons, which is a notice that they are being sued. After the complaint is filed, the defendant must submit an answer to the complaint within a specific time period, and they may either deny or admit the allegations in the complaint. The defendant can also file a counterclaim, or add another defendant to the case as third party defendant. A successful personal injury lawsuit is based on solid evidence, such as medical documents and witness testimony. We collaborate closely with our clients to ensure that all relevant information is collected and included in the case. The evidence we collect will also help us to negotiate with the defense attorneys or insurance companies to get the best possible settlement offer. Preliminary Conference In a personal-injury lawsuit, your lawyer must prove that negligence on the part of the defendant caused your accident. You must also prove you were injured in your accident and that these injuries are worth the amount of financial compensation. It's not an easy process, but it's at the trial that you'll be able to determine if you be awarded the compensation you are entitled to. In a trial before a jury, your lawyer will argue that the defendant is liable and must pay you for the losses you suffered. The defendant will provide evidence that their actions do not contribute to the accident, which prevents them from having to pay you for your losses. Before you can proceed to trial, you must attend a preliminaries conference. This is the first time that your case is subject to deadlines set by a court. It is also the time that your attorney will discuss the case with the defense. Preliminary conferences are usually conducted by a judicial registrar or someone on the court's staff. Unless the case is being handled in accordance with 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, however, a person is unable to attend in person they are able to participate via telephone or on the internet, with the consent of the convenor. If your case is part of the Differentiated Case Management Program, an initial meeting also provides an opportunity to determine if your case falls into one of three categories namely advanced standard or complex. Bill of Particulars When a summons and complaint are filed, the defendants named in the lawsuit have the option of having twenty or thirty days to file an Answer (although this deadline can be extended with the court's permission). Once the Answer is filed, the case moves into the discovery phase. During this phase the parties exchange information via written discovery demands and depositions. The plaintiff's lawyer prepares the Bill of Particulars at the end of 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 being made, so that they can prepare for trial. Before a Bill of Particulars can be followed, it must be examined by the court. In general, courts 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 asserted and should not include new claims. For example, in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. 1994) the court granted the motion to strike all references to willful and intentional acts from a medical malpractice claim. Similarly, the court will not allow the addition of a new theory of recovery at a disproportionately late stage in the case. To avoid causing prejudice, any late amendment to a Bill of Particulars must be supported by an affidavit, which provides a reasonable explanation for the lateness of this amendment. Physical Examination If a defense attorney or insurance company asks you to attend an Independent Medical Examination (IME) Your first reaction could be to wonder the reason a doctor who may not know you, your medical history, and the specifics of your accident is being required to conduct an examination. But, this type of exam is actually an obligation under Washington law, and it could be beneficial to your case. IMEs are typically conducted by doctors employed by the insurer of the defendant. They are there to offer a different view of your injuries. These doctors, often referred to as “independent” and have their own agendas and financial interests in reducing the compensation that can be paid to victims. If you decide to undergo an IME, your Orange County personal injury lawyer will make sure that you are aware of what to expect. They will provide the complete set of medical records for the doctor to look over. Your lawyer will be present during the IME to ensure that the questions asked by the doctor are consistent with your medical records. Do not underplay or exaggerate the severity of your injury to these doctors. They are trained to spot dishonesty, and could utilize this information in court.