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What is a Personal Injury Lawsuit? You could be entitled to compensation if you have been injured due to the actions or inactions of a third party. To find out more about your rights under the law to pursue compensation, consult a knowledgeable personal injury lawyer. A personal injury lawsuit is a civil litigation where the plaintiff seeks compensation for their loss. This includes medical expenses as well as lost wages and property damage. The process can take several months to several years. Damages A personal injury lawsuit is an action to force another person or entity to pay money for damages related to an accident. The plaintiff is the one who was injured, and the defendants are the parties responsible. Personal injury cases may include wrongful death claims when someone dies because of the negligence or wrongdoing of others. Damages are usually classified into two categories: punitive and compensatory. Compensation damages can include medical bills as well as pain and loss compensation, and other out of pocket expenses. Punitive damages, which are not common and are designed to punish the offender when they have committed a number of extreme actions. The first type of damages is usually known as “economic damages.” This covers the cost of out-of-pocket expenses incurred due to the accident or injury. This could include hospital bills medical expenses, doctor's charges and physical therapy costs. In some instances, additional expenses like the cost of travel to and from appointments, or modifications to your home due to permanent disabilities could be included in the claim. similar resource site -economic damages are often referred to as “pain and suffering” damages. These are more difficult to quantify and involve the emotional distress, mental anguish and suffering that accidents can cause. Depending on the extent of your injuries, your lawyer can help you place a value on these damages. This might be based on your ability to enjoy activities you were previously able to enjoy or the loss of your relationship with family members. Statute of limitations A legal principle known as the statute of limitations stipulates that anyone injured in an accident should file a lawsuit before a certain date or the claim will be dismissed. 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 duration of the time limit differs from one state another, but most personal injury claims have a time limit of two to four years. However, there are exceptions that may prolong the time required for a victim to submit their claim. They should seek legal advice for help determining whether or not your case falls under one of these exceptions. A key aspect of the statute of limitations is that it only applies to the filing of an action in court. Many injury cases are resolved through the process of claiming insurance and do not require formal lawsuit filing. It is important to give yourself enough time to start a lawsuit in the event that negotiations with insurance 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, but they are not common and have to be evaluated on a case by case basis. For example the statute of limitations might not start to run until a victim discovered or should have reasonably discovered that their injury was caused by another person's negligent actions, and in certain states, like New York, the statute of limitations is different for claims against municipalities. Complaint A personal injury lawsuit is a civil suit brought by an injured person against the person or entity that caused the injury. It alleges that the defendant breached a duty of care, that this breach caused harm and losses to the plaintiff and that the defendant should be held liable for those damages. The complaint is the initial document that you file in a personal injury case. It includes specific allegations concerning the incident that led to your injuries as well as the damages you are seeking. The complaint also includes the “prayer of relief” which describes 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 submit an answer to the complaint within a certain timeframe, and must either accept or deny the allegations made 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, which includes medical documents and witness testimony. We collaborate closely with our clients to ensure that all relevant information is collected and included in the case. The evidence will also help us negotiate with the defendant's attorneys or insurance agents to obtain the best settlement offer possible. Preliminary Conference In a personal-injury case your lawyer must show that negligence on the part of the defendant caused your accident. You must also prove you suffered injuries in your accident and that the injuries are worthy of the amount of financial compensation. It's a long process, but it is at the trial that you'll be able to determine if you receive the damages you deserve. In the trial before a jury your lawyer will argue the defendant's responsibility and they will argue that they have to pay for your losses. The defendant will present evidence that their actions are unrelated to the accident, which will keep 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 is subject to deadlines set by a judge. This is also when your attorney will be discussing the matter with the defense. Preliminary meetings are usually held by a judicial registrar, or someone on the court's staff. Unless the case is being handled in accordance with New York's Differentiated Case Management Rule, or is otherwise exempt from the Rules, all parties are required to attend in person. However, if a party is unable to attend in person, they may take part via phone or online, with the consent of the convenor. If your case will be part of the Differentiated Case Management Program, a preliminary meeting is also an opportunity to determine if your case falls into one of three categories – advanced standard or complex. Bill of Particulars After the complaint and summons have been filed, the defendants named in the lawsuit will have between twenty and thirty days (although this deadline is able to be extended by the court). When the Answer is filed, the case enters what is called the discovery phase. In this phase the parties exchange information through written demands for discovery and depositions. Following the conclusion of discovery the attorney representing the plaintiff drafts what is known as a Bill of Particulars. This document outlines the legal claims being made and the relief sought, usually an award of money damages. The Bill of Particulars is meant to inform the defendant of the specific legal claims that are made so that they can prepare for trial. The court must examine the Bill of Particulars before it can be complied with. In general, courts 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 add new claims. For instance, in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. 1994) The court ruled in favor of the motion to strike all references to willful and intentional acts from a medical malpractice claim. The court will not permit a new theory to be introduced at a point in the action that is unreasonablely late. In order to avoid resultant prejudice, a belated amendment to a Bill of Particulars should only be permitted if supported by an affidavit stating an adequate explanation for the delay in the amendment. Physical Examination You might be wondering why a doctor, who isn't familiar with you or your medical history, and isn't familiar with the details of your accident, would be asked to conduct a medical examination. This type of exam is required by Washington law, can be beneficial to your case. Typically, IMEs are conducted by doctors medical who are hired by the defendant's insurance company and their aim is to provide a different perspective on your injuries. These doctors, often referred to as “independent” and have their own goals and financial interests in reducing the amount of compensation which is given to victims of injuries. If you decide to undergo an IME the Orange County personal injury lawyer will make sure that you are fully informed about what to expect and will provide copies of all relevant medical records for the doctor to review. Your lawyer will also be present at the IME and will make sure that you are being examined with respect and courtesy by ensuring that doctors questions do not deviate from the ones in your medical records. You should not downplay or exaggerate the severity of your injuries to the doctors. They are trained to detect fraud, and may utilize this information in court.