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What is a Personal Injury Lawsuit? If you've been hurt due to another's actions or inactions, you may be entitled to compensation. Contact an experienced personal injury lawyer to learn more about your rights. A personal injury lawsuit is civil litigant where the plaintiff seeks compensation for their loss. This includes medical bills 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 action that is used to force another person or entity to pay you compensation for damages caused by an accident. The injured party is known as the plaintiff and the parties responsible are referred to as defendants. When someone dies as a result of the inattention or negligence of others In wrongful deaths, the case are often included in personal injury lawsuits. Damages are typically classified into two categories: punitive and compensatory. Compensatory damages are meant to help the victim get back on track for good, including out-of-pocket costs like medical bills and compensation for pain and suffering. Punitive damages are uncommon and are intended to penalize the offender for extreme behavior. This category includes all expenses caused by the accident or injury. These could include doctor's bills, hospital costs and physical therapy expenses. Certain claims could also include additional costs, like travel costs to and from appointments, or modifications to your home to accommodate a disability that is permanent. Non-economic losses are often referred to as “pain and suffering” damages. They are more difficult to quantify and include the mental and emotional stress, suffering and anguish that accidents can cause. Based on the severity of your injuries your lawyer can help you place a value on these damages. This may be based on your ability to carry out the things you were previously able to do or your loss of a relationship with family. Statute of limitations A legal requirement known as the statute of limitations requires that anyone who is injured in an accident should file an action within a specified date or the claim will be dismissed. This is done to stop evidence from being forgotten or lost, and to prevent individuals from dragging litigation relating to incidents out for a long time. The exact time limit varies from one state to another, but the majority of personal injury lawsuits have a limit of two to four years. There are certain exceptions to the limit for filing an injury claim. If you need assistance to determine if your claim 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 is only applicable 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 formal lawsuit filing. Even so, it is crucial to give yourself enough time to pursue legal action in the event that insurance negotiations do not take place as planned or if an issue arises that cannot be resolved through the insurance system. Certain circumstances can stop the clock of the statute of limitations however, these situations are very rare and have to be analyzed on a case-by-case basis. For instance, the statute of limitations might not begin to run until a victim discovered or reasonably should have discovered that their injuries were 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 filed by the victim against the person who caused the injury. It asserts that the defendant breached their duty of care and that the breach caused loss and harm to the plaintiff. The defendant is held responsible for these damages. The first document filed in a personal injury lawsuit is called the complaint, and it contains detailed allegations about the incident that caused your injuries and outlines the damages you are seeking. The complaint also contains the “prayer for relief” that outlines what you want the court to do. The complaint and summons must be handed over to the defendant. click now must respond to the complaint within a set of time limits and either admit or deny the allegations in the complaint. The defendant can also file a counterclaim against the plaintiff or bring in a different defendant as third-party defendant. A successful personal injury lawsuit depends on solid evidence, including medical records and testimony from witnesses. We work closely with our clients to ensure that all relevant information is collected and included in the case. The evidence we have will also assist us in negotiate with defense attorneys or insurance agents 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 be able to prove that you sustained injuries from your accident, and that your injuries are a valid reason for financial compensation. This could be a long process, but the trial is where you can finally determine whether you'll get the damages you deserve. In a jury trial your lawyer will argue that the defendant is liable and is required to compensate you for the losses you suffered. The defendant will argue that their actions do not contribute to the accident, which prevents them from having to reimburse you for your losses. Before you can proceed to trial, you must attend a preliminary conference. This is the first time your case will be subject to deadlines imposed by a court. This is also the time when your attorney will be discussing the case with the defense. A judicial registrar, or an official of the court staff typically conducts preliminary conferences. All participants must attend the preliminary conference in person unless the case has been handled in accordance with New York's Differentiated Case Management Rule or the Rules are exempted in other ways. If a person is unable to attend in person, the convenor can permit them to participate via phone or online. If your case is part of the Differentiated Case Management Program, the initial meeting provides an opportunity to determine whether your case falls into one of three categories – expedited standard or complex. Bill of Particulars When a summons and complaint are filed, the defendant parties who are named in the lawsuit have either twenty or thirty days in which to respond (although this deadline may be extended if the court gives consent). After the Answer has been filed, the case is moved into what is called the discovery phase. During this time the parties exchange information in the form of written demand for discovery and depositions. At the conclusion of discovery, the plaintiff's attorney prepares what is known as a Bill of Particulars. This document outlines the legal claims being made 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 the Bill of Particulars before it can be complied with. Generally speaking, the court will only abide by a Bill of Particulars that is not overbroad or vague. 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. 1994) The court ruled in favor of a motion to strike all references to intentional and willful acts from a medical negligence claim. The court will not allow the introduction of a new doctrine of recovery at a disproportionately late point in the action. To avoid prejudice, a belated amendment to a Bill of Particulars should only be allowed if accompanied by an affidavit that provides an acceptable explanation for the lateness of the amendment. Physical Examination You may question why a doctor who isn't familiar with you or your medical history, and isn't familiar with the specifics of your accident, should be asked to conduct a medical examination. However, this kind of examination is actually required under Washington law, and can be helpful to your case. Typically, IMEs are conducted by doctors medical who are hired by the defendant's insurance company and their aim is to offer an alternative perspective on your injuries. These doctors, often referred to as “independent” are able to have their own agendas and financial stakes in reducing the amount of compensation that can be given to victims of injuries. Your Orange County personal injury attorney will ensure that you understand what you can expect from an IME and will give a copy to the doctor of all relevant medical records. Your lawyer will be present during the IME to make sure that the questions asked by the doctor are in line with your medical records. Do not underplay or exaggerate the severity of your injuries to these doctors. They are trained to spot fraudulent behavior, and can utilize this information in court.