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What is a Personal Injury Lawsuit? If you have been injured through the actions or inactions, you may be eligible for compensation. Contact a seasoned personal injury lawyer to find out more about your rights. A personal injury lawsuit is civil litigation in which the plaintiff seeks compensation for their loss. This includes medical bills, lost wages and property damage. The process can run between a few months and several years. Damages A personal injury lawsuit is a legal action that is used to compel another person, or entity to compensate you for damages resulting from an accident. The injured party is known as the plaintiff, while the responsible parties are called defendants. When someone dies as a result of carelessness or infractions committed by others the wrongful death case are often included in personal injury lawsuits. Damages are usually classified into two categories: compensatory and punitive. Compensatory damages are meant to ensure that the victim is completely and regain their financial security, which includes out-of-pocket expenses like medical bills and compensation for suffering and pain. Punitive damages, which are rare and are intended to punish the wrongdoer when they have committed a number of extreme acts. This category covers all costs caused by the accident or injury. This could include doctor's fees or hospital costs, as well as physical therapy costs. In some cases other expenses such as the cost of travelling to and from appointments or modifications made to your home for permanent disabilities could be included in an insurance claim. Non-economic damages are also called “pain and suffer” damages. These damages are difficult to quantify, and they include the emotional distress and mental stress that an accident can cause. Your lawyer will assist you to determine the value of these damages based on the extent of your injury. It could be based on the ability to enjoy activities you were previously able to enjoy or the loss of your relationship with family members. Statute of limitations A legal requirement, known as the statute of limitations, any person who suffers injury as a result of an accident must file a lawsuit within a certain time frame or the claim will be dismissed by the courts. This is to protect evidence from being lost or forgotten and to stop people from carrying out litigation related to an incident for a long time. The exact time frame differs between states, however, personal injury claims typically have a two- to four-year time limit. There are certain exceptions to the time limit for filing a claim. If you need help determining if your case falls under one of these exceptions, then it is best to seek legal advice. A key aspect of the statute of limitations is that it only applies to the filing of an action in a court. Insurance claims are often used to settle injury cases and do not require formal lawsuits. It is important to give yourself enough time to start a lawsuit in the event that insurance negotiations do not go as planned or if there is a problem that cannot be resolved with insurance. Certain circumstances may stop the clock on the statute of limitations however, these situations are very rare and have to be analyzed on an individual basis. For example the statute of limitations might not start to run until the victim discovers or ought to have realized that their injuries were caused by someone else's negligent actions. In certain states, like New York, the statute of limitations is different for claims against municipalities. Complaint A personal injury lawsuit is a civil case initiated by a victim against the person or entity that caused the injury. The plaintiff claims that the defendant violated their duty of care, and that this breach resulted in loss and harm to the plaintiff. The defendant is then accountable for the damages. The complaint is the initial document that is filed in a personal injury case. It includes specific allegations concerning the incident that led to your injuries, and the damages you are seeking. The complaint also includes a “prayer of relief” that outlines what you want the court to do. The summons and complaint should be handed over to the defendant. After the complaint is filed, the defendant must file an answer to the complaint within a certain timeframe, and will either admit or deny the allegations in the complaint. The defendant may also file a counterclaim, or add a third party defendant to the case as a third party defendant. A successful personal injury lawsuit is built on solid evidence, including medical documents and witness testimony. 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 defense lawyers or insurance agents to negotiate the most favorable settlement offer. Preliminary Conference In a personal injury case the attorney for you must prove that the negligence of the defendant caused your accident. You must be able to prove that you sustained injuries from your accident, and that the injuries you sustained are worthy of financial compensation. It's a long process, but it's at the trial that you'll find out if you receive the damages you deserve. In a trial before a jury, your lawyer will argue that the defendant is liable and is required to compensate you for the losses you suffered. The defendant will provide evidence that their actions are not related to the accident, which will prevent them from having to pay you for your losses. Before proceeding 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 issue with the defense. Preliminary conferences are usually conducted by a judicial registrar or an individual from the court's staff. If the case is handled by the 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 can permit them to attend via telephone or online. If your case is going to be part of the Differentiated Case Management program, a preliminary conference will also provide an opportunity to determine whether your case falls under one of the three categories which are expedited, standard or complex. Bill of Particulars After the complaint and summons have been filed, the defendants named in the lawsuit will be given between twenty and thirty days (although this deadline can be extended by the court). After the Answer is filed, the case is moved to what is known as the discovery phase. In this stage the parties exchange information via written demands for discovery and depositions. The plaintiff's lawyer prepares a Bill of Particulars at the end of discovery. YouTube and the relief sought – typically the award of damages in cash. The Bill of Particulars is meant to inform the defendant of the specific legal claims made, so that they can prepare for trial. Before a Bill of Particulars can be accepted, it must be examined by the court. In general, a court will only abide by the Bill of Particulars if it is not vague or broad. A Bill of Particulars should be limited to the specific negligence that is being claimed and should not add new claims. For example, in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. In 1994, the court upheld the motion to strike all references to intentional or willful acts in a medical malpractice case. The court will not allow a new theory to be introduced at a point in the case that is unreasonable late. In order to avoid resultant negative consequences, an amendment made late to a Bill of Particulars should only be permitted if supported by an affidavit that provides an acceptable explanation for the delay in the amendment. Physical Exam When a defense attorney or insurance company requests that you take part in an Independent Medical Examination (IME) the first reaction might be to ask why a doctor who does not know you, your medical history, and the particulars of your incident is asked to conduct an exam. This type of exam, which 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 perspective to your injuries. Although they are sometimes referred to as “independent,” these physicians as well as insurance companies have their own agendas and financial stake in decreasing the amount of compensation that could be awarded to an injured victim. 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 will ensure that you are being treated with respect and courtesy by ensuring that questions of the doctor do not diverge from the ones you have in your medical records. It is essential to not play up or down the severity of your injuries to the doctors, since they are trained to recognize dishonesty and may utilize this information against you at trial.