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What is a Personal Injury Lawsuit? If you've been hurt by another person's actions or inactions, you could be able to recover compensation. Contact a seasoned personal injury lawyer to learn more about your rights. A personal injury lawsuit is civil litigant in which the plaintiff seeks compensation for their losses. Baton Rouge injury lawyer includes medical expenses as well as lost wages and property damage. The process can run from a few months to several years. Damages A personal injury lawsuit is a process to force another person or entity to pay you compensation for the damage caused by an accident. The plaintiff is the victim, and the defendants are the parties accountable. Personal injury cases may include the wrongful death of a person who dies due to the inattention or negligence of others. Damages are typically classified into two categories: punitive and compensatory. Compensation damages are designed to make the victim whole and regain their financial security, which includes out-of-pocket expenses such as medical expenses as well as compensation for pain and suffering. Punitive damages, which are not common and are intended to punish the wrongdoer if they have committed extreme actions. This category includes all expenses that result from the accident or injury. This could include hospital bills as well as doctor's fees and therapy costs. In certain cases, additional expenses like the cost of traveling to and from appointments or modifications to your home to accommodate permanent disabilities may also be included in the claim. Non-economic damages are also called “pain and suffer” damages. These damages are difficult to quantify, and they comprise the emotional distress and mental anguish that accidents can cause. Your lawyer will assist you to value these damages based on the extent of your injury. It could 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 limitation requires that anyone who is injured in an accident should file an action before a specific date or else the claim will be dismissed. This is to protect 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 exact time limit is different from one state to another, but the majority of personal injury claims have a time limit of two to four years. There are certain exceptions to the limit for filing a claim. If you require assistance determining if your case falls within one of these exceptions, then it is recommended to seek legal advice. One of the most important aspects of the statute of limitations is that it is only applicable to the filing of a lawsuit in court. Insurance claims are typically used to resolve injury cases and do not require formal lawsuits. It is essential to allow yourself sufficient time to start a lawsuit in the event that negotiations with insurance aren't as smooth as you had hoped, or if a problem occurs which cannot be resolved through insurance. Certain circumstances may stop the clock on the statute of limitations however, these situations are rare and generally need to be evaluated on an individual case-by-case basis. For example the statute of limitations may not start running until a victim has discovered or ought to have realized that their injury was caused by someone else's negligent actions, and in certain states, like New York, the statute of limitations is different for claims against municipalities. Complaint A personal injury lawsuit is a civil action initiated by a victim against the person or entity that caused the injury. The plaintiff claims that the defendant breached their duty of care and this breach resulted in harm and losses for the plaintiff. The defendant is held accountable for the losses. The complaint is the first document that you file in a personal injury case. It provides detailed details about the incident that led to your injuries, and the damages you want. The complaint also contains an “prayer for relief” that describes what you want 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 certain time limits and either admit or deny all the allegations in the complaint. The defendant may also make a counterclaim against the plaintiff or bring in a different defendant as a third-party defendant. A successful personal injury lawsuit depends on solid evidence, including medical documents and testimony from witnesses. We work closely with our clients to ensure that all relevant information is collected and included in the case. The evidence we gather will also help us to negotiate with the defense lawyers or insurance agents to obtain the best settlement offer. Preliminary Conference In a personal injury case, your lawyer must prove that negligence on the part of the defendant caused your accident. You must also prove that you suffered injuries from your accident, and that those injuries warrant financial compensation. It can be a lengthy process, but the trial is where you'll be able to decide if you'll receive the compensation you deserve. In a trial before a 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 provide evidence that their actions do not contribute to the accident, which will prevent them from having to reimburse you for your losses. Before proceeding to trial, you must attend a preliminaries conference. This is the first time your case will be subject to deadlines imposed by a judge. This is also the time when your attorney will discuss the issue with the defense. A judicial registrar, or an official from the court staff, typically holds preliminary conferences. All parties must attend the preliminary conference in person unless the case is handled by the New York's Differentiated Case Management Rule or the Rules are exempted in other ways. If a party is not able to attend in person, the convenor is able to permit them to participate via phone or online. If your case is scheduled to be a part of the Differentiated Case Management program, a preliminary conference will also be an opportunity to identify whether your case falls into one of the three categories – expedited, standard or complex. Bill of Particulars After the summons and complaint have been filed, the defendants named in the lawsuit will have between twenty and thirty days (although this deadline can be extended by the court). Once the Answer is filed, the matter moves into what is called the discovery phase. In this stage both parties exchange information via written discovery demands and depositions. The plaintiff's lawyer prepares a Bill of Particulars at the end of the discovery. This document provides the legal claims being made as well as the relief sought, usually an award of money damages. The Bill of Particulars is intended to put the defendant on notice of the specific legal claims being made, so that he or she can effectively prepare for trial. The court must look over a Bill of Particulars before it is allowed to be enforced. Generally speaking, the court will only abide by a Bill of Particulars that is not vague or broad. A Bill of Particulars must only include the specific acts of neglect that are being asserted, and not add any new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ), for example was a case in which the court found that the plaintiff was not negligent. 1994), the court sustained the motion to strike references to intentional and willful acts from a medical negligence claim. In the same way, the court will not allow the addition of a new theory of recovery at an unreasonable late stage in the case. To avoid adverse consequences, a late amendment to the Bill of Particulars should only be allowed if accompanied by an affidavit that provides a reasonable excuse for the lateness of the amendment. Physical Examination If a defense attorney or insurance company asks you to take part in an Independent Medical Examination (IME), your natural first instinct could be to wonder why a doctor who does not know you or your medical history and the particulars of your accident is being required to conduct an examination. But, this type of exam is actually an obligation under Washington law and could be beneficial in your case. Typically, IMEs are conducted by medical doctors who are employed by the defendant's insurance company and their goal is to offer a different perspective to your injuries. While they are sometimes called “independent,” these physicians as well as insurance companies – have their own agenda and financial motives in cutting down on the amount of compensation that could be given to a victim of injury. If you decide to go through an IME the Orange County personal injury lawyer will make sure that you are fully informed about what to expect and provide copies of all relevant medical records for the doctor to look over. Your lawyer will also be present at the IME and will make sure that you are examined with respect and courtesy by ensuring that doctors questions do not deviate from the ones in your medical records. You should not downplay or exaggerate the severity of your injuries to the doctors. They are trained to detect fraud, and may utilize this information in court.