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What is a Personal Injury Lawsuit? You may be eligible for compensation if you have been injured due to the actions or inactions of someone else. Contact a knowledgeable personal injury lawyer to find out more about your rights. A personal injury lawsuit is civil dispute in which the plaintiff seeks compensation for their losses. This can include medical bills as well as lost wages and property damage. The process can last from several months to several years. Damages A personal injury lawsuit is a process to compel another person or entity to pay you compensation for the damages resulting from an accident. The injured party is known as the plaintiff while the responsible parties are called defendants. Personal injury cases can also include wrongful death claims when someone dies because of the negligence or wrongdoing of others. The damages of a victim are typically broken down into two groups which are: punitive and compensatory. Compensation damages can include medical bills as well as pain and loss compensation, and other out-of-pocket expenses. Punitive damages are uncommon and are designed to punish the offender for extreme behavior. This category covers all expenses caused by the accident or injury. These may include hospital expenses as well as doctor's fees and therapy costs. Some claims may also include additional costs, like the cost of travel to and from appointments or the need to modify your home to accommodate a disability that is permanent. Non-economic damages are often described as “pain and suffering” damages. These are more difficult to quantify and involve the mental and emotional stress, anguish and suffering caused by accidents. Depending on the extent of your injuries, your lawyer can help you estimate the value of the damages. It could be based on your ability to continue enjoying the activities you used to do or the loss of your relationship with family members. Statute of Limitations Under a legal rule called the statute of limitations, any person who is injured in an accident must file a lawsuit within a specified time or else their claim will be rejected by the courts. This is to stop evidence from being lost or lost and to stop individuals from dragging litigation relating to incidents out indefinitely. The time frame for filing a claim is different from one state to another, but most personal injury lawsuits have a time limit of between two and four years. However there are exceptions that may extend the amount of time required for a victim to file their claim and they should seek legal advice for help determining whether or not their case falls within one of the exceptions. A key aspect of the statute of limitations is that it only applies to the filing of an action in court. Many cases of injury are resolved through the process of claiming insurance and do not require a formal lawsuit filing. But, it's crucial to give yourself plenty of time to take legal action in the event that insurance negotiations don't follow the plan or an issue arises that cannot be addressed by the insurance system. Certain circumstances may stop the clock of the statute of limitations, but these instances are extremely rare and need to be considered on a case-by-case basis. The statute of limitation may not be established until the victim discovers or should have known 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 filed by the victim against the person who caused the injury. It claims that the defendant violated their duty of care, and that this breach caused damage and losses for the plaintiff. The defendant is held accountable for the losses. The complaint is the primary document filed in a personal injury lawsuit. It provides detailed details concerning the incident that caused your injuries as well as the damages you are seeking. It also contains an “prayer for relief” which outlines what you want the court to do. The complaint and summons must be given to the defendant. After the complaint is filed, the defendant is required to respond to the complaint within a specified time frame, and will either admit or deny the allegations made in the complaint. The defendant may also bring a counterclaim against plaintiff or introduce another defendant as a third-party defendant. A successful personal injury lawsuit is based on solid evidence, including medical records and witness testimony. We work closely with our clients to ensure that all relevant information is gathered and included in the case. The evidence will also help us negotiate with the defendant's attorneys or insurance agents to obtain the most favorable settlement offer. Preliminary Conference In a personal injury case the lawyer for you must prove that negligence on the part of the defendant led to your accident. You must also prove that you were injured in the 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 can finally determine whether you'll receive the compensation you deserve. In a trial before jurors the lawyer will argue the defendant's responsibility and they will argue that they have to pay for your losses. The defendant will argue that their actions do not contribute to the accident, which prevents them from having to pay you for your losses. Before you can proceed to trial you must attend a preliminaries conference. This is the first time that your case will be subject to deadlines imposed by a judge. This is also when your attorney will discuss the case with the defense. Preliminary meetings are usually held by a judicial register or an individual from the court's staff. All participants 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 is able to allow them to participate by phone or online. If your case is to be a part of the Differentiated Case Management program, the preliminary conference will be a chance to determine whether your case falls within one of the three categories that are expedited, standard, or complex. Bill of Particulars After a complaint and summons are filed, the defendants named in the lawsuit have either twenty or thirty days in which to file an Answer (although this time frame can be extended with the court's consent). After the Answer has been filed, the case moves into what is called the discovery phase. In this phase both parties exchange information through written discovery demands and depositions. At the conclusion of discovery, the plaintiff's attorney prepares what is known as a Bill of Particulars. The document is a legal declaration of claims and the relief sought – typically 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 can effectively prepare for trial. Before YouTube of Particulars can be followed, it has to be scrutinized by the court. In general, the court will only abide by the Bill of Particulars if it isn't vague or overly broad. A Bill of Particulars must only include the specific acts of neglect that are being asserted, and not add any 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. 1994), the court sustained the motion to strike all references to intentional and willful acts from a medical negligence claim. In the same way, the court will not allow addition of a new theory of recovery at a disproportionately late point in the action. In order to avoid resultant adverse consequences, a late amendment to a Bill of Particulars should only be allowed if accompanied by an affidavit that provides a reasonable excuse for the lateness of the amendment. Physical Exam If a defense attorney or insurance company asks you to take part in an Independent Medical Examination (IME) the first reaction could be to wonder why a doctor who does not know you or your medical history and the details of your injury is requested to conduct an exam. This type of exam is required under Washington law, can be beneficial to your case. Typically, IMEs are conducted by doctors medical who are hired by the defendant's insurance company and aim to offer an alternative perspective to your injuries. These doctors, sometimes referred to as “independent” and have their own goals and financial interests in reducing the compensation that can be paid to victims. Your Orange County personal injury attorney will ensure that you understand what to expect from an IME and will give the 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 being 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 injury to the doctors. They are trained to detect fraudulent behavior, and can make use of this information in a trial.