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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. Contact a knowledgeable personal injury lawyer to find out more about your rights. A personal injury lawsuit is a civil litigant where the plaintiff seeks compensation for their losses. 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. Damages A personal injury lawsuit is a legal proceeding to compel another person or entity to pay you compensation for the damages resulting from an accident. The injured party is known as the plaintiff and the responsible parties are called defendants. If someone dies as the result of negligence or wrongdoing by others In wrongful deaths, the case can be included in personal injury lawsuits. The damages a victim suffers are usually divided into two categories that are punitive and compensatory. Compensation damages can include medical bills, pain and suffering compensation and other out-of pocket expenses. Punitive damages are not common and are intended to penalize the perpetrator for their extreme behavior. This category covers all costs incurred as a result of the accident or injury. This could include hospital bills, doctor's fees and physical therapy costs. In certain cases other expenses such as the cost of travelling 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 can also be called “pain and suffer” damages. These damages are difficult to quantify, and they include the emotional stress and mental anguish that accidents can cause. Your lawyer will help you value these damages based on the severity of your injury. 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 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 else their claim will be dismissed by the courts. This is to safeguard evidence from being lost or lost in the shuffle and to stop people from carrying out incident-related litigation indefinitely. The exact length of time for filing a claim varies between states, but personal injury claims typically have a two- to four-year limitation. However there are exceptions that may extend the amount of time a victim has to make a claim, and they should seek legal advice when to determine whether or not their case falls within one of the exceptions. The statute of limitations only applies to lawsuits that are filed in court. Many cases of injury are resolved through the insurance claim process and do not require a formal lawsuit filing. It is nevertheless important to give yourself enough time to start a lawsuit in the event that negotiations with insurance don't go as planned, or if a problem arises which cannot be resolved through insurance. Certain circumstances can stop the statute of limitations clock however, these situations are extremely rare and need to be evaluated on an individual basis. The statute of limitations may not begin until the victim discovers or should have known that the injury resulted from someone else's negligence. In certain states, like New York, it is different for claims that are made against municipalities. Complaint A personal injury lawsuit is a civil action brought by an injured person against the person or entity that 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 accountable for the losses. The complaint is the initial document that you file in a personal injury case. It contains detailed allegations regarding the incident that caused your injuries, as well as the damages you are seeking. It also includes a “prayer for relief” which outlines 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. After the complaint is filed, the defendant must submit an answer to the complaint within a specified timeframe, and must either accept or deny the allegations in the complaint. The defendant can also file a counterclaim, or add a third party defendant to the case by naming a third party defendant. A successful personal injury lawsuit is based on solid evidence, such as medical documents and witness testimony. We work closely together with our clients to gather all relevant information and then include it in the case. The evidence we have will also help us to negotiate with the defense attorneys or insurance agents to obtain the best settlement offer. Preliminary Conference In a personal injury case 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 the injuries are worth the amount of financial compensation. It can be a lengthy process, but the trial is where 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 liable and must pay you for the losses you suffered. The defendant will present evidence that their actions are not related to the accident, which prevents them from having to pay you for your losses. You must attend a pre-trial conference before proceeding with the trial. This is the first time your case will be subject to deadlines imposed by a court. This is also the time where your attorney will discuss the case with the defense. Preliminary conferences are usually conducted by a judicial registrar or a member of the court's staff. All parties must attend the preliminary conference in person unless the case has been handled under New York's Differentiated Case Management Rule or the Rules are otherwise exempted. If a party is not able to attend in person, the convenor can permit them to participate via telephone or online. If You Tube is part of the Differentiated Case Management Program, an initial meeting also provides an opportunity to determine if your case falls within one of three categories – advanced standard or complex. Bill of Particulars After a complaint and summons are filed, the defendant parties who are named in the lawsuit have twenty or thirty days to respond (although this time frame can be extended with the court's permission). Once the Answer is filed, the case enters what is called the discovery phase. During this stage both parties exchange information through written discovery demands and depositions. After the discovery process is concluded, the plaintiff's attorney 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 made, so that he or she can prepare effectively for trial. Before a Bill of Particulars can be followed, it must be reviewed by the court. In general, the court will only accept a Bill of Particulars if it is not vague or broad. A Bill of Particulars should be limited to the specific acts of negligence claimed and should not contain new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ) for instance was a case in which the court ruled that the plaintiff was not negligent. 1994) The court ruled in favor of the motion to strike references to intentional and willful acts from a medical negligence claim. The court will not permit a new theory to be introduced at a stage in the litigation that is unreasonablely late. To avoid causing prejudice a 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 You might be wondering why a doctor, who doesn't know you or your medical history and isn't familiar with the details of your incident, would be required to conduct a medical exam. This type of examination is required by Washington law, can be beneficial to your case. IMEs are usually conducted by doctors hired by the insurance company of the defendant. Their aim is to provide an alternative view of your injuries. While they are sometimes described as “independent,” these physicians, just like insurance companies – have their own agenda and financial motives in decreasing the amount of compensation that may be awarded to an injured victim. If you decide to undergo an IME, your Orange County personal injury lawyer will make sure that you are well-informed about what to expect and will provide a copy of all relevant medical records for the doctor to review. Your lawyer will also be present at the IME and will make sure that you are being treated with respect and courtesy by ensuring that questions of the doctor do not diverge from the ones you have in your medical records. It is essential to not play up or down the severity of your injuries to these doctors, as they are trained to recognize the deceit and may use this information against you in trial.