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What is a Personal Injury Lawsuit? If you've been hurt due to another's actions or inactions, you could be eligible for compensation. Contact an experienced personal injury lawyer to find out more about your rights. A personal injury lawsuit is civil litigation in which the plaintiff seeks compensation for their losses. This includes medical expenses, lost wages and property damage. The process can take anywhere from several months to several years. Damages A personal injury lawsuit is a legal proceeding to force another person or entity to pay compensation for the damage caused by an accident. The plaintiff is the victim, and the defendants are accountable. If someone dies as a result of carelessness or infractions committed by others In wrongful deaths, the case are often included in personal injury lawsuits. Damages are usually classified 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 not common, are meant to punish the perpetrator if they have committed extreme acts. This category covers all costs that result from the injury or accident. These could include hospital bills as well as doctor's fees and therapy costs. Certain claims could also include additional costs, like travel costs to and from appointments, or the need to modify your home to accommodate a disability that is permanent. Non-economic losses are often referred to as “pain and suffering” damages. These damages are harder to quantify, and they include the emotional stress and mental stress that an accident can cause. Your lawyer will assist you to determine the value of these damages based on the extent of your injury. This may be based on your ability to carry out the things you were previously able to do or your loss of consortium with your family. Statute of limitations A legal rule known as the statute of limitation stipulates that anyone injured in an accident should file a lawsuit before a certain date or their claim will be dismissed. 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 exact time frame differs from state to state however personal injury claims generally have a two- to four-year time limit. There are certain exceptions to the period for filing claims. If you require assistance determining if your case falls under one of these exceptions, then it is recommended to seek legal advice. The statute of limitations only applies to lawsuits filed in court. Many injury cases are resolved through the insurance claim process and do not require a formal lawsuit filing. However, it is important to leave yourself plenty of time to take legal action in the event that insurance negotiations fail to follow the plan or an issue arises that cannot be addressed by the insurance system. You Tube may stop the clock on the statute of limitations, however they are extremely rare and have to be considered on a case-by-case basis. For example the statute of limitations might not begin to run until the victim discovers or should have reasonably discovered that their injuries were caused by someone else's negligence, and in certain states, like New York, the statute of limitations is different for claims against municipalities. Complaint A personal injury lawsuit is brought by the victim against the person who caused the injury. The plaintiff claims that the defendant violated a duty of care, and that this breach caused harm and loss to the plaintiff and that the defendant should be held accountable for the damages. The complaint is the primary document that is filed in a personal injury lawsuit. It includes specific allegations regarding the incident that led to your injuries as well as the damages you are seeking. It also contains an “prayer for relief” that outlines what you want the court to do. The complaint and summons must be delivered to the defendant. The defendant must respond to the complaint within specific time frames and either accept or deny all allegations contained in the complaint. The defendant can also make a counterclaim against the plaintiff or bring in a different defendant as a third-party defendant. A successful personal injury lawsuit is based on solid evidence including medical documents and testimony from witnesses. We work closely with our clients to ensure that all relevant information is collected and included in the case. The evidence we gather will also help us to negotiate with defense attorneys or insurance agents to obtain the best settlement offer. Preliminary Conference In a personal injury case your lawyer must show that negligence on the part of the defendant led to your accident. You must be able to prove that you sustained injuries due to your accident and that the injuries you sustained are worthy of financial compensation. This could be a long process, but the trial is when you'll be able to decide if you'll be awarded the damages you deserve. In a trial before a jury, your lawyer will argue that the defendant is responsible and is required to compensate you for the losses you suffered. The defendant will provide evidence to show that their actions are not connected to the accident. This will stop the defendant from paying for your losses. You must attend a pre-trial meeting before proceeding with the trial. This is typically the first time that your case will be subject to deadlines set by the Court itself. This is also when your lawyer will discuss the case with the defense. Preliminary conferences are typically 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 is handled in accordance with the New York's Differentiated Case Management Rule or the Rules are exempted in other ways. If a person is unable to attend in person, the convenor is able to allow them to participate by telephone or online. If your case is going to be a part of the Differentiated Case Management program, the preliminary conference will provide an opportunity to determine whether your case falls into one of the three classifications that are expedited, standard, or complex. Bill of Particulars After a summons or complaint are filed, the defendants who are named in the lawsuit have twenty or thirty days to respond (although this time frame can be extended if the court gives approval). Once the Answer is filed, the matter moves into what is called the discovery phase. During this phase the parties exchange information through written discovery demands and depositions. The lawyer for the plaintiff prepares the Bill of Particulars at the end of the discovery. This document outlines the legal claims that are being made and the relief sought – usually an award of money damages. The Bill of Particulars is intended to put the defendant on notice of the specific legal claims being made so that they is able to effectively prepare for trial. Before a Bill of Particulars can be accepted, it must be scrutinized by the court. Generally, the court will only abide by a Bill of Particulars that is not vague or overly broad. A Bill of Particulars should be limited to the specific negligence that is being claimed and should not contain new claims. For instance, in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. In 1994, the court affirmed the motion to strike out references to intentional or willful actions in a medical malpractice case. Similarly, the court will not allow addition of a new theory of recovery at an unreasonably late point in the action. To avoid negative consequences, an amendment made late to a Bill of Particulars should only be allowed if accompanied by an affidavit that provides a reasonable excuse for the delay in the amendment. Physical Examination You may question why a doctor who doesn't know you, or your medical history and is unfamiliar with the specifics of your incident, would be required to conduct a medical exam. This type of exam is required under Washington law, could be beneficial to your case. IMEs are typically conducted by doctors hired by the insurance company of the defendant. Their aim is to offer a different view of your injuries. These doctors, sometimes referred to as “independent” and have their own goals and financial interests in reducing the amount of compensation which can be paid to victims. If you decide to undergo an IME the Orange County personal injury lawyer will make sure that you are fully informed about what to expect and provide a copy of all relevant medical records to the doctor to review. Your lawyer will also be present at the IME and will ensure that you are being examined with respect and courtesy by ensuring that doctors questions do not deviate from the ones in your medical records. Do not underplay or exaggerate the severity of your injury to the doctors. They are trained to detect dishonesty, and could use this information at trial.