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What is a Personal Injury Lawsuit? If you've been injured by another person's actions or inactions, you may be able to recover compensation. To find out more about your legal rights get in touch with a seasoned personal injury lawyer. A personal injury lawsuit is civil dispute in which the plaintiff seeks compensation for their losses. This includes medical expenses, lost wages and property damage. The process can take several months to several years. Damages A personal injury lawsuit is a process to compel another person or entity to pay money for damages related to an accident. The plaintiff is the injured party and the defendants are the ones responsible. If someone dies as the result of inattention or negligence of others the wrongful death case are often included in personal injury lawsuits. A victim's damages are typically divided into two categories that are 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 very rare and are designed to punish the wrongdoer when they have committed a number of extreme acts. This category covers all costs that result from the injury or accident. These might include doctor's bills as well as hospital expenses and physical therapy costs. Some claims may also include additional expenses, such as transportation costs to and from appointments, or modifications to your home to accommodate a disability that is permanent. Non-economic damages are often referred to as “pain and suffering” damages. These damages are harder to quantify, and include the emotional distress and mental stress caused by accidents. Your lawyer will help you value these damages based on the severity of your injuries. This may be based on your ability to do things you did before or your loss of a relationship with your family. Statute of limitations A legal requirement known as the statute of limitation obliges anyone injured in an accident should file an action before a specific date or their claim will be dismissed. This is to stop evidence from being forgotten or lost and to stop those who delay bringing litigation related to an incident out for a long time. The exact time frame is different between states, but personal injury claims typically have a two-to four-year limit. There are some exceptions to the time limit for filing an injury claim. If you require assistance to determine if your claim falls under one of these exceptions, it is best to seek legal advice. The statute of limitations is only applicable to lawsuits that are filed in the court. A majority of injuries cases 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 take 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. Certain circumstances may stop the clock of the statute of limitations however these cases are extremely rare and need to be analyzed on an individual basis. For instance, the statute of limitations may not start to run until a victim has discovered or ought to have realized that their injuries were caused by a negligence, and in certain states, such as New York, the statute of limitations is different for claims against municipalities. Complaint A personal injury lawsuit is brought by the victim against the party who caused the injury. The plaintiff claims that the defendant violated the duty of care, and that this breach caused harm and loss to the plaintiff, and that the defendant is accountable for the damages. The complaint is the first document filed in a personal injury case. It contains detailed allegations about the incident that caused your injuries and the damages you are seeking. It also includes the “prayer for relief” that describes what you would like 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 specific time limits and either admit or deny all allegations 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 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 then include it in the case. The evidence we collect can also assist us to negotiate with defense attorneys or insurance agents to negotiate the most favorable settlement offer. Preliminary Conference In a personal-injury case your lawyer must show that negligence on the part of the defendant led to your accident. You must also prove that you were injured in the accident and that these injuries are worth the amount of financial compensation. It can be a lengthy process, but the trial is where you'll be able to decide if you'll get the damages you deserve. In the trial before a jury the lawyer will argue the defendant's responsibility and they will argue that they have to compensate you for your losses. The defendant will argue that their actions are not related to the accident, which will keep them from having to pay you for your losses. Before you can proceed to trial you must attend a preliminary conference. This is often the first time that your case will be subject to deadlines established by the Court itself. YouTube is also when your lawyer will discuss the issue with the defense. A judicial registrar, also known as an official of the court's staff, typically holds preliminary conferences. All parties must attend the preliminary 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 person is unable to attend in person, the convenor can permit them to participate via phone or online. If your case is to be part of the Differentiated Case Management program, the preliminary conference will be a chance to determine whether your case falls within one of the three categories which are expedited, standard or complex. Bill of Particulars After the complaint and summons are filed, the defendants named in the lawsuit will be given between twenty and thirty days (although this time frame may be extended by the court). After the Answer is filed, the case is moved into the discovery phase. During this time both sides exchange information in the form of written demands for discovery and depositions. At the conclusion of discovery The attorney for the plaintiff prepares what is called 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 that are made to help them prepare for trial. The court must review a Bill of Particulars before it is able to be followed. In general, the court will only abide by the Bill of Particulars if it is not vague or overbroad. A Bill of Particulars should be limited to the specific acts of negligence claimed and should not add new claims. For instance in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. 1994), the court sustained the motion to strike all references to willful and intentional actions from a medical malpractice claim. The court will not allow a new theory to be introduced at a stage in the litigation that is unreasonablely late. To avoid causing prejudice a late amendment to a Bill of Particulars must be supported by an affidavit, which gives a reasonable explanation of the delay of this amendment. Physical Examination If 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 and your medical history and the details of your incident is required to conduct an examination. This type of exam is required by Washington law, could be beneficial to your case. Typically, IMEs are conducted by medical doctors who are employed by the defendant's insurance company and their goal is to offer an alternative perspective on your injuries. While they are sometimes described as “independent,” these physicians – just like the insurance companies have their own agendas and financial interest in decreasing the amount of compensation that can be granted to a victim who has been injured. If you choose to undergo an IME If you decide to undergo an IME, your Orange County personal injury lawyer will ensure that you are well-informed about what to expect. They will provide a copy of all relevant medical records for the doctor to look over. Your lawyer will be present during the IME to make sure that the questions asked by the doctor are consistent with your medical records. It is not advisable to downplay or exaggerate the severity of your injuries to these doctors. They are trained to spot fraud, and may make use of this information in a trial.