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What is a Personal Injury Lawsuit? If you've been hurt through the actions or inactions, you could be eligible for compensation. Contact an experienced personal injury attorney to learn more about your rights. A personal injury lawsuit is a civil dispute in which the plaintiff seeks money to cover their losses, including medical expenses, lost wages, property damage and other expenses. The process can take anywhere from several months to several years. Damages A personal injury lawsuit is a legal process which is filed to force another person or entity, to pay you for damages resulting from an accident. The injured party is known as the plaintiff while the parties responsible are referred to as defendants. If someone dies as a result of the negligence or wrongdoing by others, wrongful death cases are often included in personal injury lawsuits. Damages are typically classified into two categories: punitive and compensatory. Compensatory damages are meant to make the victim whole for good, including out-of-pocket costs like medical bills and compensation for suffering and pain. Punitive damages, which are not common and are intended to punish the offender for committing extreme actions. The first category of damages is typically called “economic damages.” This covers any out-of-pocket costs resulting from the accident and injuries. These could include hospital bills, doctor's fees and physical therapy costs. In some instances additional expenses, such as the cost of traveling to and from appointments or modifications to your home for permanent disabilities may be included in the claim. Non-economic damage can also be described as “pain and suffer” damages. These damages are difficult to quantify and include the emotional stress and mental anguish that accidents can cause. Your lawyer will help you value these damages based on the severity of your injury. This could be based on your ability to continue enjoying the activities you used to do or your loss of connection with family members. Statute of Limitations In a legal rule known as the statute of limitations, any person who suffers injury as a result of an accident must make a claim within a specific time period or else their claim will be rejected by the courts. This is to safeguard evidence from being lost or forgotten, and to stop people from drag out litigation relating to incidents for an indefinite period. The exact length of time for filing a claim differs 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 a victim has to submit their claim. They should seek legal advice for help to determine whether or not their case falls into one of the exceptions. The statute of limitations applies only to lawsuits filed in the court. Many cases of injury are resolved through the process of filing an insurance claim and do not require a formal lawsuit filing. Even so, it is important to leave yourself plenty of time to pursue legal action in the event that insurance negotiations do not follow the plan or an issue arises that can't be easily addressed through the insurance system. A few circumstances can pause the clock of the statute of limitations, but these instances are very rare and have to be evaluated on an individual 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 someone else's negligent actions, and in certain 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 claims that the defendant breached their duty of care and this breach resulted in damage and losses for the plaintiff. The defendant is then held accountable for the losses. The first document filed with a personal injury lawsuit is referred to as the complaint. It contains specific details about the incident that caused your injuries. It also lists the damages you seek. It also includes an “prayer for relief” that describes what you want the court to do. The complaint must be served to the defendant with a summons, which is a notice that they are being sued. The defendant must respond to the complaint within certain deadlines and either admit or deny all allegations contained in the complaint. The defendant may also file a counterclaim against the plaintiff or bring in another defendant as a third-party defendant. A successful personal injury lawsuit relies on solid evidence, including medical documents and testimony from witnesses. We collaborate closely with our clients to ensure that all relevant information is gathered and included in the case. The evidence we gather will also help us to negotiate with defense attorneys or insurance companies to get the best possible settlement offer. Preliminary Conference In a personal injury case, your lawyer must prove that negligence on the part of the defendant led to your accident. You must be able to prove that you sustained injuries as a result of your accident, and that those injuries warrant financial compensation. It can be a lengthy process, but it's at the trial that you will find out if you receive the damages you are entitled to. In the trial before jurors, your lawyer will argue that the defendant is at liability and that they must pay for your losses. The defendant will argue that their actions are unrelated to the accident, which prevents them from having to compensate you for your losses. Before you can proceed to trial you must attend a preliminaries conference. This is often the first time your case will be subject to deadlines that are set by the Court itself. This is also the time where your attorney will discuss the case with the defense. Preliminary conferences are typically conducted by a judicial register or someone on the court's staff. All parties must attend the initial conference in person unless the case is handled under the New York's Differentiated Case Management Rule or the Rules are otherwise exempted. If a party is unable to attend in person, the convenor may permit them to attend via phone or via the internet. If your case will be part of the Differentiated Case Management Program, an initial meeting also provides an opportunity to determine if your case falls into one of three categories namely complicated or expedited standard. Bill of Particulars After a complaint and summons are filed, the defendant parties named in the lawsuit have twenty or thirty days to file an Answer (although this time frame can be extended with the court's approval). Once YouTube is filed, the case is moved into what is called the discovery phase. In this stage both parties exchange information via written discovery demands and depositions. Following the conclusion of discovery The attorney for the plaintiff prepares what is known as a Bill of Particulars. The document details 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. The court must look over a Bill of Particulars before it is able to be followed. Generally speaking, the court will only comply with a Bill of Particulars that is not overbroad or vague. A Bill of Particulars should be limited to the specific negligence that is being claimed and should not add new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ) for instance was a case in which the court concluded that the plaintiff had not been negligent. 1994) the court granted the motion to strike references to intentional and willful actions from a medical malpractice claim. The court will also not allow a new theory to be introduced at any point in the action that is unreasonable late. To avoid prejudice, a late amendment to the Bill of Particulars must be supported by an affidavit that provides a reasonable explanation for the lateness of this amendment. Physical Examination You may question why a doctor, who doesn't know you, or your medical history and isn't familiar with the details of your incident, would be required to conduct a medical exam. This type of exam is required by Washington law, could be beneficial to your case. IMEs are typically conducted by doctors hired by the insurer of the defendant. They are there to provide an alternative perspective on your injuries. These physicians, who are sometimes referred to as “independent” are able to have their own agendas and financial interests in reducing the amount of compensation which is 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 provide copies of all relevant medical records for the doctor to examine. Your lawyer will also be present at the IME and can ensure that you are being examined with respect and courtesy by ensuring that 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 injuries to the doctors. They are trained to detect fraud, and may utilize this information in court.