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What is a Personal Injury Lawsuit? If you have been injured by another person's actions or inactions, you may be entitled to compensation. Contact a seasoned personal injury lawyer to learn more about your rights. A personal injury lawsuit is civil dispute where the plaintiff seeks compensation for their loss. This includes medical bills, lost wages and property damage. The process can last from a few months to several years. Damages A personal injury lawsuit is a legal process that is taken to compel another person, or entity to pay you compensation for damages caused by an accident. The plaintiff is the victim, and the defendants are the ones accountable. If someone dies as the result of the negligence or wrongdoing by others the wrongful death case may be part of personal injury lawsuits. Damages are usually divided into two categories: punitive and compensatory. Compensation damages are designed to make the victim whole again, including out-of-pocket expenses such as medical expenses as well as compensation for suffering and pain. Punitive damages, which are not common and are designed to punish the wrongdoer for committing extreme actions. This category includes all expenses that result from the accident or injury. These could include doctor's bills or hospital costs, as well as physical therapy expenses. In some instances, additional expenses like the cost of travelling to and from appointments, or modifications made to your home due to permanent disabilities may also be included in a claim. Non-economic damages are often described as “pain and suffering” damages. They are more difficult to quantify and involve the mental and emotional stress, suffering and anguish that accidents can cause. Your lawyer can help you evaluate these damages based upon the extent of your injury. This could be based on your capacity to continue enjoying the activities you were previously able to enjoy or your loss of connection with family members. Statute of limitations A legal requirement, known as the statute of limitations, anyone who is injured in an accident must make a claim within a specific time period or their claim will be rejected by the courts. This is to safeguard evidence from being lost or lost in the shuffle and to stop people from carrying out litigation related to an incident for a long time. The exact duration of time varies from state to state, but personal injury claims typically have a two-to four-year limitation. However, there are exceptions that may extend the time that a victim must file their claim and they should seek legal advice for help determining whether or not their case falls within one of the exceptions. The statute of limitations only applies to lawsuits filed in court. Insurance claims are often used to resolve injuries and do not require formal lawsuits. It is still important to give yourself enough time to bring a lawsuit in the event that insurance negotiations don't go as planned, or if a problem arises which cannot be resolved through insurance. Certain circumstances can stop the clock on the statute of limitations, but they are rare and need to be assessed on a case by case basis. The statute of limitations may not be established until the victim realizes or should have realized that the injury resulted from 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 the victim against the person who caused the injury. It asserts that the defendant breached their duty of care and that this breach caused loss and harm to the plaintiff. The defendant is then held responsible for these damages. The first document you file with a personal injury lawsuit is referred to as the complaint. It contains detailed allegations about the incident that caused your injuries. It also outlines the damages you're seeking. It also includes an “prayer for relief” that outlines what you want the court to do. The summons and complaint should be delivered to the defendant. After the complaint is filed, the defendant has to respond to the complaint within a certain time period, and they may either deny or admit the allegations made in the complaint. The defendant may also file a counterclaim or add another defendant to the case as 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 collect all relevant information and then include it in the case. The evidence will also assist us negotiate with the attorney for the defendant or insurance representatives to get the most favorable settlement offer. Preliminary Conference In a personal injury lawsuit the attorney for you must prove that the defendant's negligence caused your accident. You must also prove that you were injured in your accident and that the injuries are worth an amount of money. It can be a lengthy procedure, but it's at the trial that you will find out if you receive the damages you are entitled to. In a trial before jurors your lawyer will argue for the defendant's liability and that they must pay for your losses. The defendant will argue that their actions are unrelated to the accident, which prevents them from having to reimburse you for your losses. Before you can proceed to trial, you must attend a preliminary conference. This is the first time that your case has deadlines set by a judge. This is also the time when your lawyer will discuss the issue with the defense. A judicial registrar, also known as a member from the court staff, usually conducts preliminary conferences. If the case is handled under New York's Differentiated Case Management Rule, or if it is exempted from the Rules All participants are required to attend in person. If a party is unable to attend in person, the convenor may permit them to participate via phone or online. If your case is scheduled to be a part of the Differentiated Case Management program, a preliminary conference will also be an opportunity to identify whether your case falls into one of the three categories – expedited, standard or complex. Bill of Particulars After the summons and complaint have been filed, the defendants named in the lawsuit will be given twenty to thirty days (although this deadline can be extended by the court). Once the Answer is filed, the case moves into what is known as the discovery phase. During this phase, both parties exchange information via written demands for discovery and depositions. The lawyer for the plaintiff prepares a Bill of Particulars at the conclusion of the discovery. The document is a legal declaration of claims and 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 reviewed by the court. In general, courts will only accept a Bill of Particulars that is not vague or overly broad. A Bill of Particulars should be limited to the specific acts of negligence being claimed and should not contain new claims. YouTube . Jolly 203 A.D.2d (527 (2nd Dept. ) for instance was a case in which the court ruled 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 negligence claim. The court will not allow a new doctrine to be added at an point in the case that is unreasonable late. To avoid prejudice, a late amendment to the Bill of Particulars must be supported by an affidavit, which gives a reasonable explanation for the delay of this amendment. Physical Examination You might be wondering why a doctor, who doesn't know you, or your medical history and is unfamiliar with the details of your accident, should be required to conduct a medical exam. This type of exam is required by Washington law, can be beneficial to your case. Typically, IMEs are conducted by medical doctors who are employed by the defendant's insurance company and aim to provide a different view of your injuries. Although they are often described as “independent,” these physicians as well as insurance companies have their own agendas and financial interest in reducing 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 you can expect from an IME and will provide a copy to the doctor of all relevant medical records. Your lawyer will be present during the IME to ensure that the questions asked by the doctor are in accordance with your medical records. It is crucial to avoid playing up or down the severity of your injuries to these doctors, as they are trained to spot fraud and could use this information against you at trial.