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What is a Personal Injury Lawsuit? If you've been injured by another person's actions or inactions, you could be eligible for compensation. Contact a seasoned personal injury lawyer to find out more about your rights. A personal injury lawsuit is a civil dispute where the plaintiff seeks compensation for their loss. This includes medical bills as well as lost wages and property damage. The process can last from several months to several years. Damages A personal injury lawsuit is a process to compel another person or entity to pay compensation for the damage caused by an accident. The plaintiff is the injured party, and the defendants are the ones accountable. When someone dies as a result of negligence or wrongdoing by others the wrongful death case can be included in personal injury claims. The damages a victim suffers are usually divided into two categories that are punitive and compensatory. Compensatory damages include medical bills as well as pain and loss compensation, and other out-of-pocket expenses. Punitive damages are rare and are designed to punish the perpetrator for their extreme behavior. The first category of damages is usually called “economic damages.” This includes the cost of out-of-pocket expenses incurred due to the accident and injuries. These could include doctor's bills, hospital costs and physical therapy costs. Some claims may also include additional costs, like travel costs to and from appointments, or the need to modify your home to accommodate a disability that is permanent. Non-economic damages are also referred to by the term “pain and suffer” damages. These damages are more difficult to quantify and include the emotional distress and mental stress that an accident can cause. Based on the severity of your injuries your lawyer will assist you to place a value on the damages. This could be based on the capacity to perform the things you were previously able to do or your loss of consortium with family. Statute of Limitations Under a legal rule called the statute of limitations, anyone who suffers an injury in an accident must make a claim within a specified time or their claim will be rejected by the courts. This is to protect evidence from being lost or lost in the shuffle and to stop people from carrying out litigation relating to incidents for an indefinite period. The exact duration of the time limit is different from one state to another, but most personal injury lawsuits have a limit of two to four years. However there are exceptions that can extend the time required for a victim to make a claim, and they should seek legal advice for help determining whether or not their case falls within one of the exceptions. One of the most important aspects of the statute of limitations is that it only applies to the filing of an action in court. Many cases of injury are resolved through the process of filing an insurance claim and do not require a formal lawsuit filing. It is nevertheless important to give yourself enough time to file a lawsuit in the event that insurance negotiations don't go as planned, or if there is a problem 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 considered on a case by case basis. For example the statute of limitations might not begin to run until a victim has discovered or should have reasonably discovered that their injury was caused by a negligence, and in some states, such as New York, the statute of limitations is different for claims against municipalities. Complaint A personal injury lawsuit is brought by the victim against the party who caused the injury. The plaintiff claims that the defendant breached their duty of care, and that this breach resulted in harm and losses for the plaintiff. The defendant is then accountable for the damages. The first document you file with a personal injury lawsuit is known as the complaint. It includes specific allegations regarding the incident that caused your injuries. It also lists the damages you seek. The complaint also includes the “prayer of relief” which describes what you would like the court to do. The summons and complaint must be delivered to the defendant. After the complaint is filed, the defendant is required to respond to the complaint within a specific time period, and they may either deny or admit the allegations made in the complaint. The defendant may also file a counterclaim or add a third party defendant to the case as third party defendant. A successful personal injury lawsuit relies on solid evidence such as medical documents and testimony from witnesses. We work closely together with our clients to collect all relevant information and include it in the case. The evidence will also assist us negotiate with the attorney for the defendant or insurance agents to obtain the best settlement possible. 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 suffered injuries as a result of your accident, and that those injuries warrant financial compensation. This could be a long process however, the trial is where you will be able to determine if you'll get the damages you're entitled to. In a jury trial, your lawyer will argue that the defendant is accountable and has to pay for the losses you suffered. The defendant will present evidence to show that their actions were not related to the accident. This will stop them from paying you for your losses. You must attend a pre-trial discussion before proceeding with the trial. This is the first time your case has deadlines set by a judge. It is also the time when your lawyer will discuss the case with the defense. A judicial registrar, also known as an individual from the court staff, typically holds preliminary conferences. All participants must attend the preliminary conference in person, unless the case is handled by New York's Differentiated Case Management Rule or the Rules are otherwise exempted. If a person is unable to attend in person, the convenor is able to 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 provide an opportunity to determine whether your case falls into one of the three classifications – expedited, standard or complex. Bill of Particulars After the complaint and summons are filed, the defendants named in the lawsuit will have between twenty and thirty days (although this deadline may be extended by the court). Once the Answer is filed, the case is moved into what is called the discovery phase. In this phase both sides exchange information in the form of written discovery demands and depositions. The lawyer for the plaintiff prepares the Bill of Particulars at the end of discovery. This document outlines legal 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 that are made to help them prepare for trial. Before a Bill of Particulars can be accepted, it must be examined by the court. Generally speaking, the court will only accept 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 contain new claims. For example in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. 1994) the court granted a motion to strike all references to intentional and willful acts from a medical malpractice claim. The court will not permit the addition of a new theory of recovery at a disproportionately late point in the action. To avoid adverse consequences, a late amendment to a Bill of Particulars should only be allowed if accompanied by an affidavit offering a reasonable excuse for the delay in the amendment. Physical Examination It is possible to ask why a doctor, who doesn't know you or your medical history, and isn't familiar with the details of your accident, would be asked to conduct a medical exam. However, this kind of examination is actually a requirement under Washington law and could be beneficial to your case. IMEs are usually conducted by doctors hired by the defendant’s insurance company. You Tube are there to provide an alternative view of your injuries. These doctors, who are often referred to as “independent” and have their own goals and financial interests in reducing the amount of compensation that can be awarded to injured victims. If you decide to go through an IME If you decide to undergo an IME, your Orange County personal injury lawyer will ensure that you are fully informed about what to expect and will provide the complete set of medical records to the doctor to review. Your lawyer will also be present at the IME and will ensure that you are being examined fairly by ensuring that the doctors questions do not deviate from those in your medical records. You should not downplay or exaggerate the severity of your injuries to these doctors. They are trained to spot dishonesty, and could utilize this information in court.