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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 a civil action in which the plaintiff seeks money to compensate for their losses, which include medical expenses, lost wages, property damage, and other costs. The process can last from several months to several years. Damages A personal injury lawsuit is an action to force another person or entity to pay compensation for the damages resulting from an accident. The plaintiff is the victim, and the defendants are the parties accountable. When someone dies as a result of the inattention or negligence of others the wrongful death case can be included in personal injury claims. The damages of a victim are typically broken down into two groups which are: punitive and compensatory. Compensatory damages include medical bills as well as pain and suffering compensation and other out-of pocket expenses. Punitive damages, which are not common, are meant to punish the perpetrator if they have committed extreme actions. The first category of damages is often referred to as “economic damages.” This is the term used to describe the cost of out-of-pocket expenses incurred due to the accident and injuries. This could include doctor's fees or hospital costs, as well as physical therapy expenses. In some instances, additional expenses like the cost of travel to and from appointments, or changes to your home to accommodate permanent disabilities can also be included in the claim. Non-economic damages are also described as “pain and suffer” damages. These damages are harder to quantify, and comprise the emotional distress and mental anguish that an accident can cause. Depending on the extent of your injuries, your lawyer will assist you to determine the value of the damages. This may be based on your ability to do things you did before or your loss in consortium with family. Statute of limitations A legal requirement, known as the statute of limitations, any person who suffers injury as a result of an accident must make a claim within a specified time or their claim will be rejected by the courts. This is done to stop evidence from being forgotten or lost and to stop individuals from dragging litigation relating to incidents out for an indefinite period. The exact length of time for filing a claim differs from state to state, but personal injury claims typically have a two- to four-year limitation. However there are exceptions that could extend the amount of time that a victim must file their claim and they should seek legal advice for help to determine whether or not your case falls under one of the exceptions. One of the main facets of the statute of limitations is that it only applies to the filing of a lawsuit in court. Insurance claims are often used to resolve injuries and do not require formal lawsuits. But, it's important to leave yourself enough time to file a lawsuit just in case insurance negotiations don't go as planned or there is a problem that cannot be addressed by the insurance system. Certain circumstances may stop the clock on the statute of limitations however these cases are rare and generally need to be analyzed on an individual case-by-case basis. The statute of limitations may not start until the person is aware 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 against municipalities. talks about it is a civil action filed by an injured party against the person or entity 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 responsible for these damages. The first document filed with a personal injury lawsuit is called the complaint. It contains detailed allegations about the incident that caused your injuries. It also lists the damages you're seeking. The complaint also contains an “prayer for relief” that outlines what you would like the court to do. The summons and complaint should be handed over to the defendant. The defendant must respond to the complaint within specific time limits and either admit or deny all allegations contained 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, such as medical documents and witness testimony. We work closely with our clients to ensure that all relevant information is gathered and included in the case. The evidence can also help us negotiate with the attorney of the defendant or insurance representatives to get the best settlement offer possible. Preliminary Conference In a personal-injury case the lawyer for you must prove that negligence on the part of the defendant caused your accident. You must also prove that you were injured in your accident and that these injuries are worth financial compensation. It can be a lengthy procedure, but it's at the trial that you will find out if you get the compensation you deserve. In a jury trial, your lawyer will argue that the defendant is responsible and must pay you for your losses. The defendant will present evidence that their actions are not related to the accident, which will prevent them from having to pay you 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 have deadlines set by the Court itself. This is also the time that your lawyer will discuss the case with the defense. A judicial registrar, also known as a member from the court staff, typically conducts preliminary conferences. All parties must attend the preliminary conference in person unless the case is handled under the New York's Differentiated Case Management Rule or the Rules are exempted in other ways. If, however, a person is unable to attend in person, they are able to participate via phone or internet with the permission of the convenor. If your case is going to be a part of the Differentiated Case Management program, the preliminary conference will be an opportunity to identify whether your case falls into one of the three classifications which are expedited, standard or complex. Bill of Particulars After the complaint and summons are filed, the defendants named in the lawsuit will be given between twenty and thirty days (although this timeframe is able to be extended by the court). When the Answer is filed, the case moves into what is called the discovery phase. In this phase, both parties exchange information through written demands for discovery and depositions. The plaintiff's lawyer prepares a Bill of Particulars at the end of the discovery. This document outlines legal 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. The court must examine the Bill of Particulars before it is allowed to be enforced. Generally speaking, the court will only abide by a Bill of Particulars that is not overbroad or vague. A Bill of Particulars should be limited to the specific acts of negligence being claimed and should not add new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ) for instance was a case where the court ruled that the plaintiff had not been negligent. In 1994, the court affirmed the motion to strike out any references to willful or intentional acts in a medical negligence case. In the same way, the court will not permit the introduction of a new doctrine of recovery at a disproportionately late stage in the litigation. In order to avoid resultant negative consequences, an amendment made late to the Bill of Particulars should only be allowed if accompanied by an affidavit that provides an adequate explanation for the lateness of the amendment. Physical Exam When a defense attorney or insurance company requests that you attend an Independent Medical Examination (IME) the first reaction could be to wonder why a doctor who does not know you and your medical history and the specifics of your incident is required to conduct an examination. However, this type of examination is actually required under Washington law and could be beneficial in your case. IMEs are typically performed by doctors who are employed by the defendant’s insurance company. They are there to provide an alternative view of your injuries. While they are sometimes called “independent,” these physicians, just like insurance companies have their own agendas and financial interest in cutting down on the amount of compensation that could be awarded to an injured victim. Your Orange County personal injury attorney will ensure that you are aware of what to expect from an IME and will provide a copy to the doctor of the relevant medical records. Your lawyer will be present during the IME to ensure that the questions asked by the doctor are consistent with your medical records. It is crucial to avoid playing around with the extent of your injuries with the doctors, since they are trained to recognize fraud and could utilize this information against you in trial.