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What is a Personal Injury Lawsuit? You may be entitled to compensation if have been injured due to the actions or inactions of another person. To learn more about your legal rights, contact an experienced personal injury lawyer. A personal injury lawsuit is a civil dispute in which the plaintiff seeks money to cover their losses, such as medical bills, lost wages, damages to property and other expenses. The process can take anywhere from several months to a few years. Damages A personal injury lawsuit is a legal proceeding that is taken to force another person or entity to compensate you for damages resulting from an accident. The injured party is known as the plaintiff, while the responsible parties are called defendants. Personal injury cases can include the wrongful death of a person who dies due to inattention or negligence of others. Damages are usually divided into two categories: punitive and compensatory. Compensation damages are based on medical bills as well as pain and loss compensation, and other out of pocket expenses. Punitive damages are not common and are intended to penalize the offender for extreme behavior. This category covers all costs that result from the accident or injury. These may include hospital expenses, doctor's fees and physical therapy costs. Certain claims could also include additional expenses, such as the cost of travel to and from appointments, or modifications to your home to accommodate a disability that is permanent. Non-economic damages are commonly referred to as “pain and suffering” damages. These damages are more difficult to quantify, and include the emotional distress and mental stress caused by accidents. Your lawyer will help you determine the value of these damages based on the severity of your injuries. This could be based on the ability to do things you did before or your loss of consortium with your family. Statute of Limitations In a legal rule known as the statute of limitations, anyone who is injured in an accident must file a lawsuit within a certain time frame or the claim will be dismissed by the courts. This is to prevent evidence from being lost or lost in the shuffle and to stop people from carrying out litigation relating to incidents for an indefinite period. The time frame for filing a claim is different from one state to another, but most personal injury claims have a time limit of two to four years. There are some exceptions to the time limit for filing claims. If you need help in determining whether your case falls within one of these exceptions, then it is recommended that you seek legal advice. The statute of limitations applies only to lawsuits filed in the court. Insurance claims are often used to resolve injury cases and do not require formal lawsuits. It is important to give yourself enough time to bring a lawsuit in the event that insurance negotiations aren't as smooth as you had hoped, or if a problem arises that is not resolved by insurance. Certain circumstances can stop the clock on the statute of limitations, but they are not common and have to be considered on a case-by-case basis. For instance the statute of limitations may not start running until a victim has discovered or reasonably should have discovered that their injury was caused by someone else's negligence, and in certain states, such as New York, the statute of limitations differs for claims against municipalities. Complaint A personal injury lawsuit is a civil case brought by an injured person against the person or entity who caused the injury. It alleges that the defendant breached a duty of care, that this breach caused harm and losses to the plaintiff, and that the defendant should be held accountable for the damages. The complaint is the first document that is filed in a personal injury lawsuit. It provides detailed details concerning the incident that led to your injuries and the damages you are seeking. The complaint also contains an “prayer of relief” that outlines what you would like the court to do. The summons and complaint must be delivered to the defendant. 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 third-party defendant. A successful personal injury lawsuit is built 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 obtain the best settlement offer. Preliminary Conference In a personal-injury case the lawyer for you must prove that negligence on the part of the defendant caused your accident. YouTube must also prove that you suffered injuries due to your accident and that your injuries are a valid reason for financial compensation. It's not an easy process, but it's at the trial that you'll finally know if you will receive the damages you deserve. In the trial before a jury, your lawyer will argue that the defendant is at responsibility and they will argue that they have to be held accountable for your losses. The defendant will provide evidence that their actions are not related to the accident, which prevents them from having to compensate you for your losses. You must attend a pre-trial meeting before proceeding with the trial. This is usually the first time that your case will be subject to deadlines that are set by the Court itself. This is also the time where your attorney will discuss the case with the defense. A judicial registrar, also known as an official of the court staff typically holds preliminary conferences. All parties must attend the initial conference in person, unless the case is handled under the New York's Differentiated Case Management Rule or the Rules are exempted in other ways. If a party is unable to attend in person, the convenor can permit them to participate via telephone or online. If your case will be part of the Differentiated Case Management Program, a preliminary meeting is also an opportunity to determine if your case falls under one of three categories – expedited standard or complex. Bill of Particulars When a summons and complaint are filed, the defendants who are named in the lawsuit have twenty or thirty days to submit an Answer (although this deadline may be extended if the court gives approval). Once the Answer has been filed, the matter moves into what is called the discovery phase. In this phase, both sides exchange information in the form of written demands for discovery and depositions. Following the conclusion of discovery the attorney representing the plaintiff drafts what is known as a Bill of Particulars. This document provides the legal claims being made as well as 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 made, so that they can prepare for trial. Before a Bill of Particulars can be accepted, it must be examined by the court. In general, a court will only abide by a Bill of Particulars if it is not vague or broad. A Bill of Particulars should be limited to the specific acts of negligence being asserted and should not include new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ), for example was a case where 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 actions from a medical malpractice claim. The court will not allow the introduction of a new theory of recovery at an unreasonable late stage in the litigation. To avoid 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 an insurance company demands that you take part in an Independent Medical Examination (IME), your natural first instinct might be to ask the reason a doctor who may not know you and your medical history and the details of your accident is being requested to conduct an exam. However, this kind of exam is actually required under Washington law, and can be helpful in your case. IMEs are usually conducted by doctors employed by the insurer of the defendant. Their goal is to provide an alternative perspective on your injuries. Although they are sometimes described as “independent,” these physicians as well as insurance companies – have their own agenda and financial motives in reducing the amount of compensation that can be given to a victim of injury. If you decide to go through 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 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. It is not advisable to downplay or exaggerate the severity of your injury to the doctors. They are trained to detect fraudulent behavior, and can make use of this information in a trial.