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What is a Personal Injury Lawsuit? If you've been injured through the actions or inactions, you could be eligible for compensation. Contact a knowledgeable personal injury lawyer to learn more about your rights. A personal injury lawsuit is civil litigation where the plaintiff seeks compensation for their loss. This can include medical bills, lost wages and property damage. The process can take anywhere 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 the damages that result from an accident. The person who is injured is referred to as the plaintiff and the responsible parties are called defendants. Personal injury cases can include cases of wrongful death when someone dies due to inattention or negligence of others. Damages are usually classified into two categories: punitive and compensatory. Compensation damages are based on medical bills, pain and suffering compensation and other out-of pocket expenses. Punitive damages are uncommon and designed to punish the perpetrator for their extreme behavior. The first category of damages is typically called “economic damages.” This covers all out-of-pocket expenses associated with the accident and injuries. These could include doctor's bills or hospital costs, as well as physical therapy costs. Some claims may also include additional expenses, such as travel costs to and from appointments, or the need to modify your home to accommodate a permanent disability. Non-economic damages are often described as “pain and suffering” damages. These damages are more difficult to quantify and include the emotional distress and mental stress that an accident can cause. Depending on the severity of your injuries, your lawyer will help you estimate the value of these damages. This could be based on the ability to do things you did before or your loss in consortium with your family. Statute of Limitations A legal requirement, known as the statute of limitations, anyone who is injured in an accident must bring a lawsuit within a specified time or their claim will be dismissed by the courts. This is to prevent evidence from being lost or forgotten and to prevent people from dragging out incident-related litigation indefinitely. The exact length of time for filing a claim varies from state to state however personal injury claims generally have a two- to four-year time limit. There are some exceptions to the time to file an injury claim. If you need help in determining whether your case falls under one of these exceptions, then it is recommended to seek legal advice. The statute of limitations only applies to lawsuits that are 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 enough time to pursue legal action just in case insurance negotiations fail to go as planned or there is a problem that cannot be resolved through the insurance system. Some circumstances can pause the clock on the statute of limitations, but they are rare and need to be evaluated on a case by case basis. For example the statute of limitations might not start running until a victim discovered or reasonably should have discovered that their injury was caused by a negligence, and in certain states, such as New York, the statute of limitations differs for claims against municipalities. Complaint A personal injury lawsuit is filed by a victim against the person who caused the injury. The plaintiff claims that the defendant violated their duty of care, and that the breach caused loss and harm to the plaintiff. The defendant is then held accountable for the losses. The complaint is the first document that is filed in a personal injury lawsuit. It provides detailed details about the incident that caused your injuries and the damages you are seeking. It also includes the “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 notice that they are being sued. After the complaint is filed, the defendant must file an answer to the complaint within a specified time frame, and may either deny or admit the allegations made in the complaint. The defendant may also file a counterclaim against the plaintiff or bring in a different defendant as third-party defendant. A successful personal injury lawsuit is based on solid evidence, such as medical records and witness testimony. We collaborate closely with our clients to ensure that all relevant information is gathered and included in the case. The evidence we have can also assist us to negotiate with the defense attorneys or insurance companies to negotiate the most favorable settlement offer. Preliminary Conference In a personal injury lawsuit, your attorney must prove that the negligence of the defendant caused your accident. You must be able to prove that you sustained injuries due to your accident and that your injuries are a valid reason for financial compensation. It's a long process, but it's at the trial that you'll finally know if you will get the compensation you deserve. In a jury trial, your lawyer will argue that the defendant is liable and has to pay for your losses. The defendant will present 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 you can proceed with the trial. This is typically the first time that your case will have deadlines established by the Court itself. It is also the time when your lawyer will discuss the case with the defense. Preliminary conferences are typically conducted by a judicial registrar, or an individual from the court's staff. If the case is handled under the New York's Differentiated Case Management Rule, or otherwise exempted from the Rules All parties are required to attend in person. If www.youtube.com is unable to attend in person, the convenor can permit them to attend via 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 into one of the three classifications which are expedited, standard or complex. Bill of Particulars After the complaint and summons have been filed, defendants named in the lawsuit will have between twenty and thirty days (although this time frame may be extended by the court). After the Answer is filed, the case is moved to what is called the discovery phase. During this stage the parties exchange information via written demands for discovery and depositions. The lawyer for the plaintiff prepares the Bill of Particulars at the end of the discovery. This document provides the legal claims that are being made and the relief sought, usually the award of damages in cash. 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. The court must examine the Bill of Particulars before it is allowed to be enforced. Generally, the court will only comply with a Bill of Particulars that is not overbroad or vague. A Bill of Particulars must only include the specific acts of neglect that are being claimed and must not include new claims. For instance, in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. 1994) The court ruled in favor of the motion to strike all references to willful and intentional actions from a medical malpractice claim. The court will not allow introduction of a new theory of recovery at an unreasonably late stage in the litigation. In order to avoid resultant adverse consequences, a late amendment to the Bill of Particulars should only be allowed if accompanied by an affidavit offering a reasonable excuse for the lateness of the amendment. Physical Exam It is possible to ask why a doctor, who isn't familiar with you or your medical history, and isn't familiar with the details of your accident, would be asked to conduct a medical examination. However, this type of exam is actually required under Washington law and can be helpful in your case. IMEs are usually performed by doctors who are employed by the defendant’s insurance company. Their goal is to offer a different view of your injuries. While they are sometimes called “independent,” these physicians – just like the insurance companies – have their own agenda and financial interest in decreasing the amount of compensation that could be granted to a victim who has been injured. If you choose to undergo an IME If you decide to undergo an IME, your Orange County personal injury lawyer will make sure that you are aware of what to expect. They will provide a copy 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 aren't divergent from the ones you have in your medical records. It is crucial to avoid playing with the extent of your injuries with these doctors, as they are trained to recognize the deceit and may use this information against you in trial.