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What is a Personal Injury Lawsuit? If you've been hurt by another person's actions or inactions, you may be entitled to compensation. Contact a knowledgeable personal injury lawyer to find out more about your rights. A personal injury lawsuit is a civil dispute where the plaintiff is seeking money to compensate for their losses, which include medical expenses, lost wages, damages to property and other expenses. The process can run between a few months and several 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 the parties responsible. If someone dies as a result of the inattention or negligence of others the wrongful death case are often included in personal injury claims. A victim's damages are typically broken down into two groups that are punitive and compensatory. Compensatory damages include medical bills as well as pain and suffering compensation and other out-of pocket expenses. Punitive damages, which are not common, are meant to punish the offender if they have committed extreme crimes. This category covers all expenses caused by the accident or injury. These may include hospital expenses, doctor's fees and physical therapy costs. Some claims could also cover additional expenses, such as the cost of travel to and from appointments or the need to modify your home to accommodate a disability that is permanent. Non-economic losses are often called “pain and suffering” damages. These are more difficult to quantify and include the mental and emotional stress, anxiety and suffering caused by accidents. Based on the extent of your injuries, your lawyer will assist you to determine the value of the damages. This could be based on the capacity to perform the activities you used to or your loss of a relationship with family. Statute of Limitations A legal principle known as the statute of limitation stipulates that anyone injured in an accident must file a lawsuit before a certain date or their claim will be dismissed. This is to stop evidence from being forgotten or lost, and to prevent people from dragging incident-related litigation out for an indefinite period. The exact time frame differs from state to state, however personal injury claims generally have a two-to four-year limit. There are certain exceptions to the time limit for filing a claim. If you require assistance determining if your case falls under one of these exceptions, it is best to seek legal advice. One of the most important aspects of the statute of limitations is that it applies only to the filing of an action in a court. A majority of injuries cases are resolved through the process of claiming insurance and do not require a formal lawsuit filing. But, it's important to leave yourself enough time to file a lawsuit in the event that negotiations do not take place as planned or if there is a problem that cannot be addressed by the insurance system. Certain circumstances can stop the clock on 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 limitation may not start until the person realizes or should have realized that the injury was caused by another's negligence. In certain states, like New York, it is different for claims that are made against municipalities. Complaint A personal injury lawsuit is a civil action filed by an injured party against the person or entity that caused the injury. The plaintiff claims that the defendant violated the duty of care, and that this breach caused harm and losses to the plaintiff and that the defendant should be held accountable for the losses. The first document filed in a personal injury lawsuit is called the complaint. It includes specific allegations regarding the incident that led to your injuries and outlines the damages you are seeking. The complaint also contains an “prayer for relief” that outlines what you want the court to do. The complaint must be served on the defendant, along with a summons, which is a notice that they are being sued. The defendant must respond to the complaint within a set of deadlines and either admit or deny all the allegations made in the complaint. The defendant may also make a counterclaim against the plaintiff or introduce another defendant as third-party defendant. A successful personal injury lawsuit is based on solid evidence, such as medical documents and witness testimony. We work closely with our clients to gather all relevant information and then include it in the case. The evidence can also help us negotiate with the attorney of the defendant 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 led to your accident. Look At This must also prove you were injured in your accident and that your injuries are worth an amount of money. It's not an easy process, but it's at the trial that you'll be able to determine if you be awarded the compensation you are entitled to. In a jury trial, your lawyer will argue that the defendant is responsible and is required to compensate you for the losses you suffered. The defendant will present evidence to prove that their actions are not connected to the accident. This will stop them from settling your losses. Before you can proceed to trial, you must attend a preliminaries conference. This is usually the first time that your case will have deadlines that are set by the Court itself. This is also when your attorney will be discussing the matter with the defense. A judicial registrar, also known as an official of the court's staff, typically conducts preliminary conferences. Unless the case is handled in accordance with New York's Differentiated Case Management Rule, or otherwise exempted from the Rules All participants are required to attend in person. If, however, a person 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, the initial meeting provides an opportunity to determine if your case falls under one of three categories – advanced standard or complex. Bill of Particulars After a complaint and summons are filed, the defendants named in the lawsuit have the option of having twenty or thirty days to submit an Answer (although this deadline can be extended with the court's consent). After the Answer is filed, the case is moved to what is called the discovery phase. In this phase, both parties exchange information via written demands for discovery and depositions. The lawyer for the plaintiff prepares the Bill of Particulars at the conclusion of the discovery. This document provides 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 being made, to help them prepare for trial. Before a Bill of Particulars can be accepted, it must be reviewed by the court. Generally, the court will only abide by a Bill of Particulars that is not vague or overly broad. A Bill of Particulars should be limited to the specific negligence that is being claimed and should not contain new claims. For example, in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. In 1994, the court affirmed the motion to strike all the reference to willful or deliberate acts in a medical malpractice case. In the same way, the court will not allow introduction of a new doctrine of recovery at an unreasonable late stage in the litigation. In order to avoid resultant adverse consequences, a late amendment to a Bill of Particulars should only be permitted if supported by an affidavit offering an adequate explanation for the delay in the amendment. Physical Exam When a defense attorney or insurance company requests that you take part in an Independent Medical Examination (IME) the first reaction could be to wonder why a doctor who does not know you and your medical history and the particulars of your injury is required to conduct an examination. This type of exam is required by Washington law, can be beneficial to your case. IMEs are typically conducted by doctors employed by the insurance company of the defendant. Their goal is to provide an alternative perspective on your injuries. While they are sometimes described as “independent,” these physicians as well as insurance companies have their own agendas and financial stake in reducing the amount of compensation that can be given to a victim of injury. Your Orange County personal injury attorney will ensure that you understand what you can expect from an IME and will give the doctor with a copy of all relevant medical records. Your lawyer will also be present at the IME and will ensure that you are being treated in a fair manner by ensuring that the questions of the doctor do not diverge from the ones you have in your medical records. You should not downplay or exaggerate the severity of your injury to the doctors. They are trained to spot dishonesty, and could use this information at trial.