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What is a Personal Injury Lawsuit? If you've been injured due to another's actions or inactions, you could be able to recover compensation. Contact a knowledgeable personal injury lawyer to find out more about your rights. A personal injury lawsuit is a civil dispute where the plaintiff is seeking compensation for their losses, including medical expenses, lost wages, property damage and other expenses. The process can last between a few months and several years. Damages A personal injury lawsuit is a legal proceeding that is used to force another person or entity to compensate you for the damages that result from an accident. The injured party is known as the plaintiff while the responsible parties are called defendants. Personal injury cases may include cases of wrongful death when someone dies due to the inattention or negligence of others. A victim's damages are typically divided into two categories: compensatory and punitive. Compensatory damages include medical bills as well as pain and loss compensation, and other out-of-pocket expenses. Punitive damages, which are rare and are intended to punish the perpetrator for committing extreme actions. This category covers all expenses incurred as a result of the injury or accident. These may include hospital expenses medical expenses, doctor's charges and physical therapy costs. In certain cases, additional expenses like the cost of travel to and from appointments, or modifications made to your home for permanent disabilities may be included in an insurance claim. Non-economic damage can also be called “pain and suffer” damages. These damages are difficult to quantify and include the emotional distress and mental anguish caused by accidents. Depending on the severity of your injuries, your lawyer can help you estimate the value of the damages. This may be based on your ability to carry out the things you were previously able to do or your loss of consortium with family. Statute of Limitations A legal principle known as the statute of limitation stipulates that anyone injured in an accident file an action before a specific date or else the claim will be dismissed. This is to safeguard evidence from being lost or forgotten and to prevent people from dragging out incident-related litigation indefinitely. The exact duration of time differs between states, however personal injury claims generally have a two-to four-year limit. There are some exceptions to the time period for filing a claim. If you need assistance to determine if your claim is one of these exceptions, it is best to seek legal advice. The statute of limitations applies only to lawsuits filed in the court. A majority of injuries cases are resolved through the process of claiming insurance and do not require formal lawsuit filing. Even so, it is important to leave yourself enough time to file a lawsuit in the event that negotiations do not take place as planned or if there is a problem that cannot be addressed by the insurance system. Certain circumstances may stop the clock on the statute of limitations, but these instances are very rare and have to be considered on a case-by-case basis. The statute of limitation may not start until the person is aware or should have known that the injury was caused by another's negligence. In some states, like New York, it is different for claims made against municipalities. Complaint A personal injury lawsuit is a civil action initiated by a victim against the person or entity who caused the injury. The plaintiff claims that the defendant violated a duty of care, that this breach caused harm and losses to the plaintiff, and that the defendant is accountable for the damages. The complaint is the initial document that you file in a personal injury lawsuit. It contains detailed allegations regarding the incident that led to your injuries as well as the damages you seek. It also includes a “prayer for relief” which outlines what you want 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 has to respond to the complaint within a certain timeframe, and will either admit or deny the allegations made in the complaint. The defendant may also file a counterclaim, or add a third party defendant to the case as third party defendant. A successful personal injury lawsuit is based on solid evidence, including medical documents and witness testimony. We work closely with our clients to gather all relevant information and include it in the case. The evidence we have can also assist us to negotiate with defendants' attorneys or insurance agents to obtain the best settlement offer. Preliminary Conference In a personal injury case your lawyer must demonstrate that the negligence of the defendant caused your accident. You must also prove you were injured in your accident and that your injuries are worthy of the amount of financial compensation. This can be a long process however, the trial is when you'll be able to decide if you'll receive the compensation you deserve. In a jury trial, your lawyer will argue that the defendant is liable and must pay you for your losses. The defendant will present evidence to prove that their actions were not related to the accident. This will stop them from settling your losses. You must attend a pre-trial discussion before you can proceed with the trial. This is typically the first time that your case will have deadlines that are set by the Court itself. This is also when your attorney will discuss the issue with the defense. Preliminary meetings are usually held by a judicial registrar or a member of the court's staff. please click the following article 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 otherwise exempted. If a party is unable to attend in person, the convenor can allow them to participate by telephone or online. If your case is going to be part of the Differentiated Case Management program, the preliminary conference will be an opportunity to identify whether your case falls within one of the three categories – expedited, standard or complex. Bill of Particulars After the complaint and summons have been filed, defendants named in the lawsuit will be given between twenty and thirty days (although this deadline can be extended by the court). When the Answer is filed, the case moves into what is called the discovery phase. During this time the parties exchange information in the form of written discovery demands and depositions. After the discovery process is concluded, the plaintiff's attorney prepares what is known as a Bill of Particulars. The document details the legal claims being made as well as the relief sought – usually an award of money damages. 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 followed, it has to be scrutinized by the court. In general, a court will only accept a Bill of Particulars if it is not vague or overbroad. 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 sustained the motion to strike all references to intentional and willful acts from a medical malpractice claim. In the same way, the court will not allow introduction of a new theory of recovery at an unreasonably late stage in the case. 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 Exam If a defense attorney, or an insurance company requests that you attend an Independent Medical Examination (IME) the first reaction could be to wonder the reason why a doctor who does not know you or your medical history and the specifics of your accident is being asked to conduct an exam. However, this type of examination is actually required under Washington law, and can be helpful to your case. Typically, IMEs are conducted by medical doctors who are employed by the insurance company representing the defendant and their aim is to offer a different perspective on your injuries. Although they are often called “independent,” these physicians – just like the insurance companies – have their own agenda and financial motives in reducing the amount of compensation that can 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 aware of what to expect. They will provide a copy of all relevant medical records for the doctor to review. Your lawyer will also be present at the IME and can ensure that you are being examined fairly by ensuring that the doctors questions do not deviate from the ones you have in your medical records. You should not downplay or exaggerate the severity of your injuries to the doctors. They are trained to spot fraud, and may make use of this information in a trial.