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What is a Personal Injury Lawsuit? You could be entitled to compensation if have suffered injuries due to the actions or inactions of another person. Contact an experienced personal injury lawyer to learn more about your rights. A personal injury lawsuit is a civil action where the plaintiff is seeking money to compensate for their losses, which include medical bills, lost wages property damage and other expenses. The process can run between a few months and several years. Damages A personal injury lawsuit is a process to compel a person or entity to pay compensation for the damages resulting from an accident. The plaintiff is the one who was injured and the defendants are the parties responsible. When someone dies as a result of the inattention or negligence of others In wrongful deaths, the case may be part of personal injury claims. Damages are usually classified into two categories: compensatory and punitive. Compensation damages are based on medical bills, pain and suffering compensation, and other out-of-pocket expenses. Punitive damages, which are rare, are meant to punish the wrongdoer if they have committed extreme actions. The first type of damages is typically called “economic damages.” This is the term used to describe all out-of-pocket expenses associated with the accident and injuries. These could include hospital bills as well as doctor's fees and therapy costs. Some claims may also include additional costs, like transportation costs to and from appointments, or home modifications to accommodate a disability that is permanent. Non-economic damage can also be called “pain and suffer” damages. These damages are harder to quantify and include the emotional distress and mental anguish caused by accidents. Your lawyer will assist you to evaluate these damages based upon the severity of your injury. This could be based on the ability to carry out the things you did before or your loss of consortium with your family. Statute of limitations A legal rule known as the statute of limitation obliges anyone injured in an accident must file an action before a specific date or the claim will be dismissed. This is to safeguard evidence from being lost or lost in the shuffle and to stop people from drag out incident-related litigation indefinitely. The exact length of time for filing a claim differs from state to state, but personal injury claims typically have a two- to four-year limit. However there are exceptions that may extend the amount of time that a victim must submit their claim. They should seek legal advice when to determine if their case falls into one of these exceptions. The statute of limitations is only applicable to lawsuits filed in the court. Insurance claims are usually used to settle injury cases and do not require formal lawsuits. But, it's important to allow yourself plenty of time to file a lawsuit in the event that insurance negotiations do not take place as planned or if there is a problem that cannot be easily addressed through the insurance system. A few circumstances can pause the clock of the statute of limitations however, these situations are rare and generally need to be evaluated on a case-by-case basis. The statute of limitations may not begin until the victim realizes or should have realized that the injury was caused by someone else's negligence. In certain states, such as New York, it is different for claims that are made against municipalities. Complaint A personal injury lawsuit is brought by a victim against the person who caused the injury. It asserts that the defendant violated their duty of care and that this breach caused harm and losses for the plaintiff. The defendant is then held accountable for the losses. The complaint is the initial document that is filed in a personal injury case. It includes specific allegations regarding the incident that led to your injuries and the damages you want. 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 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 made in the complaint. The defendant may also bring a counterclaim against plaintiff or introduce another defendant as third-party defendant. A successful personal injury lawsuit is based on solid evidence such as medical records and testimony from witnesses. We work closely with our clients to collect all relevant information and then include it in the case. The evidence will also assist us negotiate with the defendant's attorneys or insurance agents to obtain the most favorable settlement offer. Preliminary Conference In a personal-injury lawsuit, your lawyer must prove that negligence on the part of the defendant led to your accident. You must also prove you were injured in your accident and that these injuries are worth financial compensation. This could be a long process, but the trial is where you'll be able to decide if you'll get the damages you're entitled to. In a jury trial your lawyer will argue that the defendant is accountable and must pay you for the losses you suffered. The defendant will provide evidence that their actions do not contribute to the accident, which will keep them from having to pay you for your losses. Before you can proceed to trial you must attend a preliminaries conference. This is usually the first time your case will have deadlines established by the Court itself. This is also when your attorney will be discussing the matter with the defense. Preliminary meetings are usually held by a judicial register or a member of the court's staff. Unless the case is handled under the New York's Differentiated Case Management Rule, or otherwise exempted from the Rules All participants are required to attend in person. However, if a party cannot attend in person, they may participate via phone or internet with the permission of the convenor. If your case is to be a part of the Differentiated Case Management program, a preliminary conference will also be an opportunity to identify whether your case falls within one of the three categories which are expedited, standard or complex. Bill of Particulars After the summons and complaint are filed, the defendants named in the lawsuit will have twenty to thirty days (although this time frame may be extended by the court). After the Answer has been filed, the case is moved into what is called the discovery phase. During this phase both parties exchange information through written discovery demands and depositions. The lawyer of the plaintiff drafts the Bill of Particulars at the end of the discovery. The document details 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 being made, to help them prepare for trial. Before a Bill of Particulars can be accepted, it must be scrutinized by the court. In general, a court will only abide by a Bill of Particulars if it is not vague or overbroad. 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 example, was a case where the court ruled that the plaintiff had not been negligent. In 1994, the court affirmed the motion to strike all references to intentional or willful acts in a medical malpractice case. Similarly, the court will not permit the introduction of a new doctrine of recovery at a disproportionately late point in the action. To avoid negative consequences, an amendment made late to a Bill of Particulars should only be permitted if supported by an affidavit that provides an adequate explanation for the delay in the amendment. Physical Examination It is possible to ask why a doctor, who doesn't know you or your medical history and is unfamiliar with the specifics of your accident, would be required to conduct a medical exam. This type of exam is required by Washington law, could be beneficial to your case. IMEs are usually performed by doctors who are employed by the insurance company of the defendant. They are there to offer a different 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 cutting down on 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 an IME doctor with a copy of all pertinent medical records. Your lawyer will also be present at the IME and will make sure that you are examined fairly by ensuring that the doctors questions do not deviate from those in your medical records. Do not underplay or exaggerate the severity of your injuries to the doctors. my sources are trained to detect fraud, and may use this information at trial.