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What is a Personal Injury Lawsuit? If you've been hurt through the actions or inactions, you may be able to recover compensation. Contact a seasoned personal injury attorney to learn more about your rights. A personal injury lawsuit is a civil action in which the plaintiff seeks compensation for their losses, such as medical bills, lost wages, property damage, and other costs. The process can last from a few months to several years. Damages A personal injury lawsuit is a legal process that is used to compel another person, or entity to pay you for damages resulting from an accident. The plaintiff is the injured party, and the defendants are the parties responsible. When someone dies as a result of inattention or negligence of others In wrongful deaths, the case can be included in personal injury claims. Damages are typically classified into two categories: punitive and compensatory. Compensation damages are designed to ensure that the victim is completely and regain their financial security, which includes out-of-pocket expenses such as medical bills as well as compensation for suffering and pain. Punitive damages are not common and are designed to punish the offender for extreme behavior. This category covers all expenses incurred as a result of the accident or injury. These could include doctor's bills or hospital costs, as well as physical therapy expenses. 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 also described as “pain and suffer” damages. These damages are difficult to quantify and include the emotional stress and mental stress that accidents can cause. Based on the severity of your injuries your lawyer will assist you to estimate the value of the damages. This may be based on your ability to do activities you used to or your loss of consortium with family. Statute of limitations Under a legal rule called the statute of limitations, anyone who is injured in an accident must make a claim within a specific time period or else their claim will be rejected by the courts. This is done to prevent evidence from being lost or lost, and to prevent those who delay bringing litigation related to an incident out for a long time. The exact time frame differs between states, but personal injury claims typically have a two-to four-year limit. There are certain exceptions to the time limit for filing claims. If you need help to determine if your claim is one of these exceptions, it is recommended to seek legal advice. The statute of limitations is only applicable to lawsuits that are filed in court. Many injury cases are resolved through the process of filing an insurance claim and do not require formal lawsuit filing. 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 an issue arises that can't be resolved through the insurance system. Certain circumstances may stop the statute of limitations clock, but these instances are extremely rare and need to be analyzed on an individual basis. For example the statute of limitations might not start running until the victim discovers or ought to have realized that their injury was caused by another person's negligence, and in some states, such as New York, the statute of limitations differs for claims 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 losses. The complaint is the initial document that you file in a personal injury case. It includes specific allegations concerning the incident that caused your injuries as well as the damages you seek. It also contains a “prayer for relief” which outlines what you would like the court to do. The complaint and summons must be handed over to the defendant. The defendant must respond to the complaint within certain time frames and either accept or deny all the allegations made in the complaint. The defendant can also make a counterclaim against the plaintiff or bring in another defendant as a third-party defendant. A successful personal injury lawsuit relies 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 collect can also assist us to negotiate with the defense attorneys or insurance agents to negotiate the most favorable settlement offer. Preliminary Conference In a personal injury case, your lawyer must prove that negligence on the part of the defendant led to your accident. You must also prove that you suffered injuries as a result of your accident, and that your injuries are a valid reason for financial compensation. It can be a lengthy process, but it is at the trial that you will be able to determine if you receive the damages you deserve. In the trial before jurors, your lawyer will argue for the defendant's liability and that they must be held accountable for your losses. The defendant will present evidence to prove that their actions were unrelated to the accident. This will prevent them from settling your losses. You must attend a pre-trial conference prior to proceeding with the trial. This is often the first time that your case will be subject to deadlines established by the Court itself. This is also the time when your attorney will discuss the issue with the defense. Preliminary conferences are usually conducted by a judicial registrar or an individual from the court's staff. All parties must attend the preliminary conference in person unless the case is handled under New York's Differentiated Case Management Rule or the Rules are exempted in other ways. If a party is not able to attend in person, the convenor can permit them to participate via phone or via the internet. If your case is part of the Differentiated Case Management Program, an initial meeting also provides an opportunity to determine whether your case falls within one of three categories namely complicated or expedited standard. Bill of Particulars After the summons and complaint are filed, the defendants named in the lawsuit will have twenty to thirty days (although this timeframe may be extended by the court). Once the Answer is filed, the matter moves into what is called the discovery phase. In this phase the parties exchange information in the form of written discovery demands and depositions. Following the conclusion of discovery the attorney representing the plaintiff drafts what is called a Bill of Particulars. This document outlines legal claims and the relief sought – usually the award of damages in cash. The Bill of Particulars is intended to inform the defendant notice of the specific legal claims being made, so that he or she is able to effectively prepare for trial. The court must review a Bill of Particulars before it is allowed to be enforced. In general, the court will only be able to abide by the Bill of Particulars if it is not vague or broad. A Bill of Particulars must only include the specific acts of negligence that are being alleged and not include any new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ) for instance, was a case where the court concluded that the plaintiff was not negligent. 1994) The court ruled in favor of a motion to strike all references to intentional and willful acts from a medical malpractice claim. The court will also not allow a new doctrine to be added at any stage in the litigation that is unreasonably late. To avoid prejudice, an amendment made late to a Bill of Particulars must be supported by an affidavit, which provides a reasonable explanation for the tardiness of the amendment. Physical Exam You might be wondering the reason why a doctor, who doesn't know you or your medical history and is unfamiliar with the specifics of your accident, should be required to conduct a medical examination. This type of examination is required under Washington law, can be beneficial to your case. IMEs are usually conducted by doctors employed by the insurer of the defendant. Their goal is to offer a different view of your injuries. Although they are sometimes described as “independent,” these physicians – just like the insurance companies – have their own agenda and financial interest in decreasing the amount of compensation that may be given to a victim of injury. If You Tube choose to undergo an IME If you decide to undergo an IME, your Orange County personal injury lawyer will make sure that you are well-informed about what to expect. They will provide copies of all relevant medical records to the doctor to examine. Your lawyer will also be present at the IME and can ensure that you are being treated fairly by ensuring that the doctors questions do not deviate from the ones in your medical records. You should not downplay or exaggerate the severity of your injuries to these doctors. They are trained to detect dishonesty, and could utilize this information in court.