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What is a Personal Injury Lawsuit? If you've been hurt through the actions or inactions, you may be entitled to compensation. Contact a seasoned personal injury attorney to learn more about your rights. A personal injury lawsuit is a civil dispute in which the plaintiff seeks compensation for their losses, including medical bills, lost wages, damages to property and other expenses. The process can take anywhere from a few months to several years. Damages A personal injury lawsuit is a legal proceeding to compel another person or entity to pay you compensation for the damages resulting from an accident. The party who suffered the injury is known as the plaintiff, while the parties responsible are referred to as defendants. When someone dies as a result of the negligence or wrongdoing by others the wrongful death case are often included in personal injury lawsuits. Damages are usually divided into two categories: compensatory and punitive. Compensation damages are based on medical bills as well as pain and loss compensation, and other out-of-pocket expenses. Punitive damages, which are very rare and are designed to punish the perpetrator if they have committed extreme actions. The first type of damages is often called “economic damages.” This covers any out-of-pocket costs resulting from the accident and injuries. These might include doctor's bills as well as hospital expenses and physical therapy costs. In some instances, additional expenses like the cost of travel to and from appointments, or changes to your home for permanent disabilities could be included in an insurance claim. Non-economic damage can also be called “pain and suffer” damages. These damages are difficult to quantify, and include the emotional distress and mental stress that an accident can cause. Depending on the severity of your injuries, your lawyer will assist you to determine the value of these damages. This could be based on the ability to participate in activities that 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, any person who suffers an injury in an accident must bring a lawsuit within a specific time period or the claim will be dismissed by the courts. This is to prevent evidence from being lost or forgotten, and to stop people from carrying out litigation relating to incidents for an indefinite period. The exact time frame differs from state to state but personal injury claims typically have a two- to four-year limit. However there are exceptions that could prolong the time a victim has to submit their claim. They should seek legal advice when to determine if your case falls under one of these exceptions. The statute of limitations applies only to lawsuits that are filed in the court. Many injury cases are resolved through the process of claiming insurance and do not require a formal lawsuit filing. However, it is important to allow yourself plenty of time to pursue legal action in the event that insurance negotiations don't go as planned or an issue arises that cannot be easily addressed through the insurance system. Certain circumstances can 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 instance the statute of limitations might not begin to run until the victim discovers 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 differs for claims against municipalities. Complaint A personal injury lawsuit is a civil suit brought by an injured person against the person or entity who caused the injury. It claims that the defendant violated the duty of care, and that the breach caused harm and loss to the plaintiff and that the defendant is accountable for the damages. The complaint is the initial document filed in a personal injury case. It contains detailed allegations about the incident that caused your injuries, and the damages you seek. It also includes a “prayer for relief” which outlines what you would like the court to do. The summons and complaint should be delivered to the defendant. After the complaint is filed, the defendant is required to respond to the complaint within a specified time period, and they will either admit or deny the allegations made in the complaint. The defendant may also file a counterclaim or add a third party defendant to the case by naming a third party defendant. A successful personal injury lawsuit is built on solid evidence, including medical records and witness testimony. We work closely with our clients to ensure that all relevant information is collected and included in the case. The evidence will also assist us negotiate with the attorney of the defendant or insurance representatives to get the best settlement possible. Preliminary Conference In a personal-injury lawsuit the lawyer for you must prove that negligence on the part of the defendant led to your accident. You must also prove that you suffered injuries from your accident, and that your injuries are a valid reason for financial compensation. This can be a long process however, the trial is when you'll be able to decide if you'll receive the compensation you deserve. In the trial before jurors the lawyer will argue for the defendant's responsibility and the need to be held accountable for your losses. The defendant will present evidence to show that their actions were unrelated to the accident. This will prevent them from paying you for your losses. You must attend a pre-trial meeting prior to 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 conducts preliminary conferences. All participants must attend the preliminary conference in person unless the case is handled by the New York's Differentiated Case Management Rule or the Rules are exempted in other ways. However, if a party is unable to attend in person they are able to participate via phone or internet, with the consent of the convenor. If Web Site will be 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 After the summons and complaint have been filed, the defendants named in the lawsuit will have twenty to thirty days (although this timeframe may be extended by the court). When the Answer is filed, the case enters what is called the discovery phase. In this stage both parties exchange information through written discovery demands and depositions. Following the conclusion of discovery, the plaintiff's attorney prepares what is known as a Bill of Particulars. 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 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, a court will only abide by the Bill of Particulars if it is not vague or overbroad. A Bill of Particulars must only include the specific acts of negligence that are being asserted and must not include new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ), for example was a case in which the court found that the plaintiff was not negligent. In 1994, the court upheld the motion to strike all the reference to willful or deliberate actions in a medical malpractice case. The court will also not allow a new theory to be introduced at an point in the case that is unreasonable late. To avoid causing prejudice any late amendment to the Bill of Particulars must be supported by an affidavit, which gives a reasonable explanation for the lateness of this amendment. Physical Exam When a defense attorney or insurance company requests that you attend an Independent Medical Examination (IME) Your first reaction might be to ask why a doctor who does not know you or your medical history and the details of your accident is being asked to conduct an exam. This type of examination is required by Washington law, can be beneficial to your case. IMEs are usually conducted by doctors hired by the insurance company of the defendant. Their aim is to offer a different view of your injuries. While they are sometimes referred to as “independent,” these physicians – just like the insurance companies – have their own agenda and financial stake 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 and will provide copies of all relevant medical records for the doctor to review. Your lawyer will be present during the IME to ensure that the questions posed by the doctor are in line with your medical records. It is essential to avoid playing around with the severity of your injuries with these doctors, as they are trained to spot fraud and could use this information against you at trial.