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What is a Personal Injury Lawsuit? If you have been injured through the actions or inactions, you could be eligible for compensation. Contact a knowledgeable personal injury attorney to learn more about your rights. A personal injury lawsuit is a civil dispute where the plaintiff is seeking compensation for their losses, which include medical bills, lost wages, property damage and other expenses. The process can last from a few months to a few years. Damages A personal injury lawsuit is a process to compel a person or entity to pay you compensation for the damage caused by an accident. The plaintiff is the one who was injured, and the defendants are accountable. Personal injury cases may include cases of wrongful death when someone dies due to inattention or negligence of others. A victim's damages are typically divided into two categories that are punitive and compensatory. Compensatory damages are intended to ensure that the victim is completely again, including out-of-pocket expenses such as medical bills as well as compensation for pain and suffering. Punitive damages are rare and are intended to penalize the offender for extreme behavior. This category covers all expenses caused by the injury or accident. These could include hospital bills, doctor's fees and physical therapy costs. Some claims could also cover additional expenses, such as transportation costs to and from appointments, or modifications to your home to accommodate a disability that is permanent. Non-economic damages can also be described as “pain and suffer” damages. They are more difficult to quantify and include the mental and emotional stress, suffering and anguish caused by accidents. Depending on the extent of your injuries, your lawyer will help you determine the value of these damages. It could be based on the ability to continue enjoying the activities you were previously able to enjoy or your loss of consortium with family members. Statute of limitations A legal requirement known as the statute of limitations requires that anyone who is injured in an accident should file an action within a specified date or else the claim will be dismissed. This is to stop evidence from being lost or lost, and to prevent people from dragging incident-related litigation out indefinitely. The exact duration of the time limit varies from one state to another, but the majority of personal injury lawsuits have a time frame of two to four years. There are some exceptions to the time period for filing claims. If you require assistance determining if your case is one of these exceptions, it is recommended to seek legal advice. The statute of limitations only applies to lawsuits filed in the court. Insurance claims are often used to settle injury cases and do not require formal lawsuits. It is still important to allow yourself enough time to bring a lawsuit in the event that insurance negotiations aren't as smooth as you had hoped, or if there is a problem which cannot be resolved through insurance. Certain circumstances can stop the clock of the statute of limitations however, these situations are rare and generally need to be analyzed on an individual case-by-case basis. The statute of limitations might not begin until the victim discovers or should have known that the injury resulted from someone else's negligence. In some states, like New York, it is different for claims that are made 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 harm and losses for the plaintiff. The defendant is then accountable for the damages. The first document filed in a personal injury lawsuit is referred to as the complaint, and it contains detailed allegations about the incident that led to your injuries. It also lists the damages you seek. The complaint also includes an “prayer of relief” which describes what you would like the court to do. The summons and complaint must be handed over to the defendant. After the complaint is filed, the defendant has to file an answer to the complaint within a specific timeframe, and must either accept or deny the allegations in the complaint. The defendant can also file a counterclaim or add another defendant to the case by naming a third party defendant. A successful personal injury lawsuit is based on solid evidence, which includes medical records and witness testimony. We work closely with our clients to collect all relevant information and then include it in the case. The evidence we gather can also assist us to negotiate with defendants' attorneys or insurance agents to obtain the best settlement offer. Preliminary Conference In a personal-injury lawsuit, your lawyer 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 the injuries are worthy of the amount of financial compensation. It's not an easy procedure, but it's at the trial that you will 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 has to pay for the losses you suffered. The defendant will provide evidence to prove that their actions were unrelated to the accident. This will prevent them from paying you for your losses. You must attend a pre-trial conference before proceeding with the trial. You Tube is the first time your case will be subject to deadlines imposed by a judge. It is also the time where your attorney will discuss the case with the defense. Preliminary meetings are usually held by a judicial registrar or a member of the court's staff. Unless the case is being handled in accordance with New York's Differentiated Case Management Rule, or if it is exempted from the Rules the participants are required to attend in person. If a party cannot attend in person, they may participate via phone or internet, with the consent of the convenor. If your case is part of the Differentiated Case Management Program, an initial meeting also provides an opportunity to determine whether your case falls into one of three categories – expedited standard or complex. Bill of Particulars When a summons and complaint are filed, the defendants identified in the lawsuit are given twenty or thirty days to respond (although this deadline can be extended with the court's permission). After the Answer is filed, the case is moved to what is known as the discovery phase. In this phase the parties exchange information via written demands for discovery and depositions. At the conclusion of discovery the attorney representing the plaintiff drafts what is called a Bill of Particulars. This document outlines the legal claims being made as well as the relief requested – typically 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 followed, it must be scrutinized by the court. In general, the court will only be able to abide by the Bill of Particulars if it is not vague or broad. A Bill of Particulars must only include the specific acts of negligence that are being alleged and not include any new claims. For instance, in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. 1994) the court granted the motion to strike all references to intentional and willful actions from a medical malpractice claim. The court will not allow a new theory to be added at any point in the case that is unreasonablely late. To avoid adverse consequences, a late amendment to a Bill of Particulars should only be permitted if supported by an affidavit offering an acceptable explanation for the lateness of the amendment. Physical Exam When a defense attorney or insurance company requests that you take part in an Independent Medical Examination (IME) Your first reaction could be to wonder why a doctor who does not know you, your medical history, and the particulars of your injury is required to conduct an examination. This type of exam, which is required by Washington law, can be beneficial to your case. Typically, IMEs are conducted by doctors medical who are hired by the insurance company representing the defendant and their aim is to offer an alternative perspective on your injuries. Although they are often described as “independent,” these physicians, just like insurance companies have their own agendas and financial motives in decreasing the amount of compensation that may be granted to a victim who has been injured. If you decide to go through an IME, your Orange County personal injury lawyer will make sure that you are fully informed about what to expect. They will provide a copy of all relevant medical records for the doctor to look over. Your lawyer will also be present at the IME and will make sure that you are examined with respect and courtesy by ensuring that doctors questions do not deviate from those in your medical records. You should not downplay or exaggerate the severity of your injuries to the doctors. They are trained to spot fraud, and may make use of this information in a trial.