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What is a Personal Injury Lawsuit? If you have been injured through the actions or inactions, you could be entitled to compensation. To learn more about your legal rights, contact an experienced personal injury lawyer. 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 take anywhere from several months to several years. Damages A personal injury lawsuit is a legal proceeding that is taken to force another person or entity, to pay you compensation for damages caused by an accident. The plaintiff is the victim, and the defendants are accountable. If someone dies as a result of negligence or wrongdoing by others the wrongful death case can be included in personal injury lawsuits. Damages are usually classified into two categories: compensatory and punitive. Compensatory damages are intended to make the victim whole and regain their financial security, which includes out-of-pocket expenses such as medical bills and compensation for suffering and pain. Punitive damages are not common and are intended to penalize the wrongdoer for extreme conduct. This category covers all costs caused by the injury or accident. These may include hospital expenses medical expenses, doctor's charges and physical therapy costs. In some cases other expenses such as the cost of travel to and from appointments or modifications to your home for permanent disabilities may also be included in a claim. Non-economic losses are often referred to as “pain and suffering” damages. These damages are harder 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 severity of your injuries. This could be based on your capacity to enjoy activities you were previously able to enjoy or your loss of connection with family members. Statute of Limitations A legal principle known as the statute of limitations requires that anyone who is injured in an accident must file an action within a specified date or else their claim will be dismissed. This is to prevent evidence from being lost or forgotten, and to stop people from drag out litigation relating to incidents for an indefinite period. The time frame for filing a claim is different from one state to another, but most personal injury lawsuits have a limit of between two and four years. There are some exceptions to the time to file an injury claim. If you need help determining if your case falls within one of these exceptions, it is recommended to seek legal advice. One of the most important aspects of the statute of limitations is that it only applies to the filing of an action in court. Many cases of injury are resolved through the insurance claim process and do not require formal lawsuit filing. what google did to me is still essential to allow yourself sufficient time to bring a lawsuit in the event that negotiations with insurance aren't as smooth as you had hoped, or if there is a problem which cannot be resolved through insurance. A few circumstances can pause the clock of the statute of limitations, but these instances are very rare and have to be analyzed on an individual case-by-case basis. For example the statute of limitations may not begin to run until a victim has discovered or reasonably should have discovered that their injuries were caused by someone else's 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 a civil action brought by an injured person against the person or entity that caused the injury. It asserts that the defendant violated their duty of care, and that this breach caused loss and harm to the plaintiff. The defendant is then accountable for the damages. The first document filed with a personal injury lawsuit is referred to as the complaint. It contains detailed allegations about the incident that caused your injuries and outlines the damages you are seeking. The complaint also includes the “prayer of relief” which describes what you would like the court to do. The summons and complaint should be delivered to the defendant. After the complaint is filed, the defendant must submit an answer to the complaint within a certain time frame, and may either deny or admit the allegations made 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 relies on solid evidence such as medical documents and testimony from witnesses. We work closely with our clients to ensure that all relevant information is gathered and included in the case. The evidence we have can also assist us to negotiate with the defendants' lawyers or insurance agents to get the best possible settlement offer. Preliminary Conference In a personal injury case your lawyer must show that negligence on the part of the defendant caused your accident. You must be able to prove that you sustained injuries from your accident, and that those injuries warrant financial compensation. This could 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 trial before the jury, your lawyer will argue for the defendant's responsibility and the need to be held accountable for your losses. The defendant will present evidence to show that their actions were not related to the accident. This will prevent them from paying you for your losses. Before you can proceed to trial, you must attend a preliminary conference. This is typically the first time your case will have deadlines that are set by the Court itself. This is also when your lawyer will discuss the case with the defense. A judicial registrar, or a member from the court staff, usually conducts preliminary conferences. If the case is handled by the New York's Differentiated Case Management Rule, or if it is exempted from the Rules the parties are required to be present in person. If a party cannot attend in person, they are able to participate via telephone or on the internet, with the consent of the convenor. If your case is part of the Differentiated Case Management Program, a preliminary meeting is also an opportunity to determine whether your case falls into one of three categories: advanced standard or complex. Bill of Particulars After the complaint and summons have been filed, the defendants named in the lawsuit will be given between twenty and thirty days (although this timeframe may be extended by the court). After the Answer is filed, the case moves into the discovery phase. During this time the parties exchange information in the form of written discovery demands and depositions. At 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. Before a Bill of Particulars can be followed, it must be examined by the court. Generally, the court will only comply with a Bill of Particulars that is not vague or overly broad. A Bill of Particulars should be limited to the specific acts of negligence claimed and should not add new claims. For example, in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. In 1994, the court affirmed the motion to strike out the reference to willful or deliberate acts in a medical negligence case. The court will not allow introduction of a new doctrine of recovery at a disproportionately late point in the action. To avoid causing prejudice a late amendment to the Bill of Particulars must be supported by an affidavit which gives a reasonable explanation of the lateness of this amendment. Physical Exam You may question why a doctor who isn't familiar with you or your medical history, and isn't familiar with the details of your accident, should be asked to conduct a medical examination. But, this type of examination is actually a requirement under Washington law, and could be beneficial in your case. IMEs are usually conducted by doctors hired by the insurance company of the defendant. Their goal is to offer a different view of your injuries. These doctors, often referred to as “independent”, have their own agendas and financial stakes in reducing the amount of compensation which can be given to victims of injuries. 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. They will provide a copy 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 fairly by ensuring that the doctors questions do not deviate from the ones you have in your medical records. It is important to not play with the severity of your injuries with the doctors, since they are trained to spot dishonesty and may utilize this information against you at trial.