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What is a Personal Injury Lawsuit? If you have been injured by another person's actions or inactions, you may be able to recover compensation. To find out more about your legal rights to pursue compensation, consult a knowledgeable personal injury lawyer. A personal injury lawsuit is civil litigant where the plaintiff seeks compensation for their loss. This includes medical bills as well as lost wages and property damage. The process can last between a few months and several years. Damages A personal injury lawsuit is a legal proceeding that is used to force another individual or entity to compensate you compensation for damages caused by an accident. The plaintiff is the one who was injured and the defendants are the parties responsible. Personal injury cases can also include the wrongful death of a person who dies because of the negligence or wrongful actions 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 are not common and are designed to punish the wrongdoer for extreme conduct. The first type of damages is usually referred to as “economic damages.” This includes all out-of-pocket expenses associated with the accident or injury. This could include doctor's fees, hospital costs and physical therapy costs. Some claims could also cover additional costs, like the cost of travel to and from appointments or home modifications to accommodate a permanent disability. Non-economic damages are also referred to by the term “pain and suffer” damages. These damages are difficult to quantify, and include the emotional distress and mental stress that an accident can cause. Your lawyer can help you value these damages based on the extent of your injury. It could be based on the ability to participate in activities that you were previously able to enjoy or your loss of connection with family members. Statute of Limitations A legal rule known as the statute of limitations stipulates that anyone injured in an accident must file an action before a specific date or else their claim will be dismissed. This is done to prevent evidence from being forgotten or lost, and also to stop individuals from dragging litigation relating to incidents out for a long time. The exact duration of time varies from state to state, however personal injury claims generally have a two- to four-year time limit. However, there are exceptions that may extend the amount of time required for a victim to make a claim, and they should seek legal advice for assistance in determining whether or not their case falls into one of the exceptions. One of the most important aspects of the statute of limitations is that it is only applicable 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 formal lawsuit filing. But, it's important to allow yourself plenty of time to file a lawsuit in the event that negotiations don't take place as planned or if an issue arises that can't be easily addressed through the insurance system. Some circumstances can pause 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 may not start running until a victim has discovered or ought to have realized that their injuries were caused by someone else's negligence, and in some states, such as New York, the statute of limitations differs for claims against municipalities. Complaint A personal injury lawsuit is brought by the victim against the person who caused the injury. It asserts that the defendant breached their duty of care, and that this breach caused harm and losses for the plaintiff. The defendant is then held responsible for these damages. The first document filed in a personal injury lawsuit is called the complaint, and it includes specific allegations regarding the incident that caused your injuries. It also outlines the damages you're seeking. The complaint also contains the “prayer of relief” which outlines what you want the court to do. The summons and complaint should be handed over to the defendant. go here must respond to the complaint within a set of time limits and either admit or deny the allegations contained in the complaint. The defendant can 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, which includes medical documents and witness testimony. We work closely together with our clients to gather all relevant information and include it in the case. The evidence we gather will also assist us in negotiate with defendants' attorneys or insurance agents to get the best possible settlement offer. Preliminary Conference In a personal-injury lawsuit the lawyer for you must prove that negligence on the part of the defendant caused your accident. You must also prove that you suffered injuries from your accident, and that the injuries you sustained are worthy of financial compensation. This could be a long process however, the trial is when you can finally determine whether you'll receive the compensation you deserve. In the trial before the jury, your lawyer will argue the defendant's liability and that they must be held accountable for your losses. The defendant will present evidence that their actions are unrelated to the accident, which will keep them from having to pay you for your losses. You must attend a pre-trial discussion before proceeding with the trial. This is often the first time your case will be subject to deadlines that are set by the Court itself. This is also when your attorney will discuss the case with the defense. A judicial registrar, or a member of the court's staff, usually conducts preliminary conferences. All parties 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 otherwise exempted. If, however, a person is unable to attend in person, they are able to participate via phone or internet with the permission of the convenor. If your case is going to be part of the Differentiated Case Management program, an initial conference can provide an opportunity to determine whether your case falls within one of the three classifications – expedited, standard or complex. Bill of Particulars After the summons and complaint have been filed, the defendants named in the lawsuit will be given between twenty and thirty days (although this timeframe can be extended by the court). When the Answer is filed, the case enters what is called the discovery phase. In this phase both sides exchange information in the form of written discovery demands and depositions. Following the conclusion of discovery the attorney representing the plaintiff drafts what is called a Bill of Particulars. The document is a legal declaration of 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 accepted, it must be reviewed by the court. In general, courts will only accept a Bill of Particulars that is not vague or broad. A Bill of Particulars must only include the specific acts of neglect that are being alleged, and not add any new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ), for example, was a case where the court found that the plaintiff was not negligent. 1994), the court sustained the motion to strike references to willful and intentional acts from a medical negligence claim. The court will not allow a new doctrine to be added at any point in the case that is unreasonablely late. In order to avoid resultant adverse consequences, a late amendment to a Bill of Particulars should only be allowed if accompanied by an affidavit offering an adequate explanation for the delay in the amendment. Physical Exam If a defense attorney, or an insurance company requests that you attend an Independent Medical Examination (IME), your natural first instinct could be to wonder why a doctor who does not know you and your medical history and the specifics of your incident is required to conduct an examination. But, this type of exam is actually a requirement under Washington law, and it could be beneficial to your case. IMEs are usually conducted by doctors employed by the insurer of the defendant. Their goal is to provide an alternative view of your injuries. These physicians, who are sometimes referred to as “independent”, have their own goals and financial interests in reducing the amount of compensation that can be awarded to injured victims. Your Orange County personal injury attorney will ensure that you are aware of what you can expect from an IME and will provide a copy to the doctor of all relevant medical records. Your lawyer will also be present at the IME and will ensure that you are examined with respect and courtesy by ensuring that questions of the doctor do not diverge from the ones in your medical records. You should not downplay or exaggerate the severity of your injuries to these doctors. They are trained to detect fraudulent behavior, and can use this information at trial.