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What is a Personal Injury Lawsuit? If you've been injured by another person's actions or inactions, you may be eligible for compensation. Contact a knowledgeable personal injury lawyer to find out more about your rights. A personal injury lawsuit is a civil action where the plaintiff is seeking money to compensate for their losses, such as medical bills, lost wages property damage, and other costs. The process can last between a few months and several years. Damages A personal injury lawsuit is a legal process that is taken to force another individual or entity to pay you for the damages that result from an accident. The plaintiff is the injured party, and the defendants are the parties accountable. Personal injury cases can also include cases of wrongful death when someone dies due to the negligence or wrongful actions of others. Damages are usually divided into two categories: compensatory and punitive. Compensatory damages include medical bills, pain and suffering compensation, and other out-of-pocket expenses. Punitive damages, which are very rare, are meant to punish the offender when they have committed a number of extreme acts. This category covers all expenses incurred as a result of the accident or injury. These could include doctor's bills as well as hospital expenses and physical therapy expenses. In certain cases, additional expenses like the cost of traveling to and from appointments or modifications to your home due to permanent disabilities may be included in the claim. Non-economic losses are often described as “pain and suffering” damages. These are more difficult to quantify and include the emotional distress, mental anguish and suffering that an accident can cause. Based on the extent of your injuries, your lawyer will assist you to place a value on the damages. It could be based on your capacity to enjoy activities you were previously able to enjoy or your loss of connection with family members. Statute of Limitations A legal requirement known as the statute of limitation requires that anyone who is injured in an accident 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 related to an incident for a long time. The exact length of time for filing a claim is different from state to state, however personal injury claims generally have a two- to four-year time limit. However there are exceptions that can extend the amount of time required for a victim to make a claim, and they should seek legal advice for help to determine if their case falls into one of these exceptions. The statute of limitations only applies to lawsuits filed in the court. Insurance claims are usually used to resolve injury cases and do not require formal lawsuits. Even so, it is important to allow yourself plenty of time to file a lawsuit just in case insurance negotiations don't take place as planned or if an issue arises that can't be addressed by the insurance system. Certain circumstances can stop the statute of limitations clock however these cases are rare and generally need to be analyzed on a case-by-case basis. For example, the statute of limitations might not begin to run until a victim discovered or reasonably should have discovered that their injuries were caused by another person's negligent actions. In certain states, such as New York, the statute of limitations differs for claims against municipalities. Complaint A personal injury lawsuit is a civil suit brought by an injured person against the person or entity who caused the injury. The plaintiff claims that the defendant breached the duty of care, and that this breach caused harm and loss to the plaintiff and that the defendant is liable for those damages. The complaint is the initial document filed in a personal injury lawsuit. It contains detailed allegations regarding the incident that caused your injuries, as well as the damages you want. The complaint also includes the “prayer of relief” which describes 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 respond to the complaint within a specific time period, and they must either accept or deny the allegations made in the complaint. The defendant may also file a counterclaim, or add another defendant to the case as third party defendant. A successful personal injury lawsuit is built on solid evidence, such as medical records and witness testimony. We work closely together with our clients to collect all relevant information and then include it in the case. The evidence can also help us negotiate with the defendant's attorneys or insurance agents to obtain the best settlement possible. Preliminary Conference In a personal-injury case the lawyer for you must prove that negligence on the part of the defendant caused your accident. You must also prove that you were injured in the accident and that your injuries are worth financial compensation. This can be a long process, but the trial is when you can finally determine whether you'll get the damages you're entitled to. In the case of a trial before a jury your lawyer will argue the defendant's responsibility and the need to pay for your losses. The defendant will present evidence that their actions are not related to the accident, which will keep them from having to compensate you for your losses. Before proceeding to trial you must attend a preliminaries conference. This is usually the first time that your case will have deadlines set by the Court itself. This is also the time when your lawyer will discuss the case with the defense. Preliminary conferences are typically 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 is otherwise exempt from the Rules the parties are required to be present in person. However, if a party cannot attend in person, they can participate via phone or 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 whether your case falls under one of three categories namely complicated or expedited standard. Bill of Particulars After a complaint and summons are filed, the defendants identified in the lawsuit are given twenty or thirty days to submit an Answer (although this deadline may be extended with the court's approval). Once the Answer is filed, the matter moves into the discovery phase. In this stage, both parties exchange information through written discovery demands and depositions. At the conclusion of discovery The attorney for the plaintiff prepares what is known as a Bill of Particulars. This document provides the legal claims that are being made 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 that are made so that they can prepare for trial. Before a Bill of Particulars can be accepted, it must be scrutinized by the court. Generally speaking, the court will only abide by a Bill of Particulars that 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 where the court found that the plaintiff had not been negligent. 1994) the court granted the motion to strike all references to willful and intentional acts from a medical negligence claim. The court will not permit the introduction of a new theory of recovery at an unreasonable late point in the action. To avoid causing prejudice a late amendment to the Bill of Particulars must be supported by an affidavit, which gives a reasonable explanation for the tardiness of the amendment. Physical Examination It is possible to ask why a doctor, who isn't familiar with you or your medical history and isn't familiar with the specifics of your accident, would be asked to conduct a medical exam. This type of exam is required under Washington law, can be beneficial to your case. Typically, IMEs are conducted by medical doctors who are employed by the defendant's insurance company and aim to provide a different view of your injuries. While www.youtube.com are sometimes referred to as “independent,” these physicians – just like the insurance companies have their own agendas and financial stake in reducing the amount of compensation that can be awarded to an injured victim. Your Orange County personal injury attorney will ensure that you are aware of what to expect from an IME and will give the doctor with a copy of the relevant medical records. 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 crucial to avoid playing up or down the extent of your injuries with these doctors, as they are trained to recognize fraud and could use this information against you in trial.