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What is a Personal Injury Lawsuit? If you've been hurt due to another's actions or inactions, you could be eligible for 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 in which the plaintiff seeks compensation for their losses. This includes medical expenses as well as lost wages and property damage. The process can take several months to several years. Damages A personal injury lawsuit is a legal process that is taken to compel another person, or entity to compensate you for the damages that result from an accident. The person who is injured is referred to as the plaintiff, while the responsible parties are called defendants. Personal injury cases can also include wrongful death claims when someone dies due to the negligence or wrongdoing of others. Damages are typically classified into two categories: compensatory and punitive. Compensatory damages include medical bills as well as pain and loss compensation, and other out of pocket expenses. Punitive damages are uncommon and designed to punish the wrongdoer for extreme conduct. The first category of damages is typically referred to as “economic damages.” This is the term used to describe any out-of-pocket costs resulting from the accident or injury. These might include doctor's bills, hospital costs and physical therapy expenses. In some cases other expenses such as the cost of travel to and from appointments or modifications made to your home for permanent disabilities could also be included in the claim. Non-economic damages are commonly referred to as “pain and suffering” damages. These damages are more difficult to quantify and include the emotional stress and mental anguish that accidents can cause. Based on the severity of your injuries your lawyer can help you place a value on the damages. This may be based on your ability to carry out the things you were previously able to do or your loss in consortium with your family. You Tube of Limitations A legal principle known as the statute of limitations requires that anyone who is injured in an accident file an action within a specified date or their claim will be dismissed. This is to stop evidence from being forgotten or lost, and to prevent those who delay bringing litigation related to an incident out for an indefinite period. The exact time frame is different between states, however, personal injury claims typically have a two-to four-year time limit. There are certain exceptions to the time limit for filing a claim. If you require assistance to determine if your claim is 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 is only applicable to the filing of a lawsuit in court. Insurance claims are usually used to settle injury cases and do not require formal lawsuits. It is still essential to allow yourself sufficient time to bring a lawsuit in the event that insurance negotiations do not go as planned or if a problem occurs that is not resolved by insurance. A few circumstances can pause the statute of limitations clock, but these instances are very rare and have to be evaluated on a case-by-case basis. For example, the statute of limitations may not start to run until a victim has discovered or reasonably should have discovered that their injury was caused by someone else's negligent actions, and in some states, such as New York, the statute of limitations differs for claims against municipalities. Complaint A personal injury lawsuit is filed by a victim against the person who caused the injury. It asserts that the defendant violated their duty of care and that this breach resulted in 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 referred to as the complaint, and it contains specific details about the incident that caused your injuries. It also lists the damages you seek. The complaint also includes the “prayer of relief” which describes what you want the court to do. The complaint must be served on the defendant along with a summons that is a notice that they are being sued. The defendant must respond to the complaint within certain time frames and either accept or deny all allegations in the complaint. The defendant can also bring a counterclaim against plaintiff or bring in a different defendant as 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 collected and included in the case. The evidence we gather will also assist us in negotiate with defendants' attorneys or insurance companies to negotiate the most favorable settlement offer. Preliminary Conference In a personal-injury lawsuit your lawyer must show that negligence on the part of the defendant caused your accident. You must also prove that you were injured in the accident and that the injuries are worthy of the amount of financial compensation. This can be a long process, but the trial is when you'll be able to decide if you'll be awarded the damages you're entitled to. In a jury trial, your lawyer will argue that the defendant is liable and must pay you for the losses you suffered. The defendant will provide evidence that their actions are unrelated to the accident, which prevents them from having to reimburse you for your losses. You must attend a pre-trial conference before proceeding with the trial. This is usually the first time your case will have deadlines established by the Court itself. This is also the time where your attorney will discuss the case with the defense. A judicial registrar, also known as an official of the court staff typically holds preliminary conferences. All parties must attend the preliminary conference in person unless the case has been 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 a part of the Differentiated Case Management program, a preliminary conference will also be an opportunity to identify whether your case falls under one of the three classifications that are expedited, standard, or complex. Bill of Particulars After the summons and complaint have been filed, the defendants named in the lawsuit will have between twenty and thirty days (although this time frame may be extended by the court). Once the Answer has been filed, the matter moves into the discovery phase. In this phase the parties exchange information via written demands for discovery and depositions. The lawyer for the plaintiff prepares the Bill of Particulars at the end of discovery. This document outlines 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 that are made so that they can prepare for trial. The court must review a Bill of Particulars before it is allowed to be enforced. Generally, the court will only accept a Bill of Particulars that is not overbroad or vague. A Bill of Particulars should be limited to the specific acts of negligence asserted and should not include new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ) for instance, was a case where the court ruled that the plaintiff was not negligent. 1994) the court granted a motion to strike all references to willful and intentional acts from a medical negligence claim. In the same way, the court will not allow the addition of a new theory of recovery at an unreasonable late stage in the litigation. To avoid prejudice, a belated amendment to the Bill of Particulars should only be allowed if accompanied by an affidavit that provides an adequate explanation for the delay in the amendment. Physical Exam If a defense attorney, or an insurance company requests that you take part in an Independent Medical Examination (IME) Your first reaction could be to wonder the reason a doctor who may not know you or your medical history and the specifics of your incident is required to conduct an examination. However, this kind of examination is actually required under Washington law and could be beneficial in your case. IMEs are typically conducted by doctors employed by the defendant’s insurance company. Their aim is to offer a different view of your injuries. These physicians, who are often 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 to expect from an IME and will give the doctor with a copy of all relevant medical records. Your lawyer will be present during the IME to ensure that the questions posed by the doctor are consistent with your medical records. Do not underplay or exaggerate the severity of your injury to these doctors. They are trained to spot dishonesty, and could utilize this information in court.