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What is a Personal Injury Lawsuit? You could be entitled to compensation if you have suffered injuries due to the actions or inactions of another person. 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 compensation for their losses. This can include medical bills, lost wages and property damage. The process can last from a few months to a few years. Damages A personal injury lawsuit is a legal proceeding to compel a person or entity to pay money for damages related to an accident. The party who suffered the injury is known as the plaintiff while the parties responsible are referred to as defendants. If someone dies as a result of inattention or negligence of others the wrongful death case are often included in personal injury claims. The damages a victim suffers are usually divided into two categories: compensatory and punitive. Compensatory damages are meant to ensure that the victim is completely and regain their financial security, which includes out-of-pocket expenses such as medical expenses and compensation for suffering and pain. Punitive damages, which are rare and are intended to punish the offender for committing extreme actions. This category covers all costs caused by the accident or injury. These might include doctor's bills as well as hospital expenses and physical therapy costs. In certain cases, additional expenses like the cost of traveling to and from appointments, or modifications to your home for permanent disabilities can also be included in a claim. Non-economic damages are commonly referred to as “pain and suffering” damages. These damages are harder to quantify, and they include the emotional stress and mental anguish caused by accidents. Based on the severity of your injuries your lawyer will assist you to place a value on the damages. This may be based on your ability to do activities you used to or your loss of consortium with family. Statute of limitations A legal rule known as the statute of limitations requires that anyone who is injured in an accident should 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 carrying out litigation relating to incidents for an indefinite period. The exact length of time for filing a claim varies between states, however, personal injury claims typically have a two-to four-year limitation. There are certain exceptions to the limit for filing an injury claim. If you need assistance determining if your case falls within one of these exceptions, it is recommended to seek legal advice. The statute of limitations is only applicable to lawsuits that are filed in court. Insurance claims are usually used to settle injury cases and do not require formal lawsuits. But, it's important to leave yourself plenty of time to file a lawsuit in the event that negotiations fail to take place as planned or if there is a problem that cannot be addressed by the insurance system. Certain circumstances may stop the statute of limitations clock, but these instances are extremely rare and need to be considered 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 injury was caused by someone else's negligent actions, and in certain states, like New York, the statute of limitations is different for claims against municipalities. Complaint A personal injury lawsuit is filed by the victim against the party who caused the injury. The plaintiff claims that the defendant violated the duty of care, that this breach caused harm and losses to the plaintiff, and that the defendant is liable for those damages. The complaint is the primary document filed in a personal injury lawsuit. It contains detailed allegations concerning the incident that led to your injuries and the damages you are seeking. It also includes the “prayer for relief” that outlines what you would like the court to do. The complaint must be served to the defendant with a summons that is a notice that they are being sued. The defendant must respond to the complaint within certain time limits and either admit or deny all the allegations contained in the complaint. The defendant may also file a counterclaim against the plaintiff or bring in a different defendant as third-party defendant. A successful personal injury lawsuit is based on solid evidence including 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 will also assist us negotiate with the attorney of the defendant or insurance representatives to get the best settlement possible. Preliminary Conference In a personal injury case your lawyer must demonstrate that the negligence of the defendant led to your accident. You must also prove that you suffered injuries due to your accident and that your injuries are a valid reason for financial compensation. YouTube can be a long process however, the trial is where you will be able to determine if you'll receive the compensation you're entitled to. In the case of a trial before the jury the lawyer will argue the defendant's liability and that they must compensate you for your losses. The defendant will provide evidence to show that their actions were unrelated to the accident. This will stop them from paying you for your losses. You must attend a pre-trial discussion before you can proceed with the trial. This is typically the first time that your case will be subject to deadlines set by the Court itself. It is also the time when your attorney will discuss the case with the defense. Preliminary conferences are usually conducted by a judicial register or a member of 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 exempted in other ways. If a party is unable to attend in person, the convenor may permit them to attend via phone or online. 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 under one of three categories namely advanced standard or complex. Bill of Particulars After a complaint and summons are filed, the defendant parties identified in the lawsuit are given either twenty or thirty days in which to submit an Answer (although this deadline can be extended if the court gives permission). Once the Answer is filed, the matter moves into what is called the discovery phase. In this phase both parties exchange information through written demands for discovery and depositions. The lawyer of the plaintiff drafts the Bill of Particulars at the end of discovery. This document outlines the legal claims being made as well as the relief requested – typically an award of money damages. The Bill of Particulars is intended to put the defendant on notice of the specific legal claims being made, so that they can effectively prepare for trial. The court must review a Bill of Particulars before it is allowed to be enforced. Generally speaking, the court will only comply with a Bill of Particulars that is not vague or broad. A Bill of Particulars must only include the specific acts of negligence that are being claimed and not include any new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ) for instance was a case in which the court found that the plaintiff had not been negligent. In 1994, the court affirmed the motion to strike out the reference to willful or deliberate acts in a medical malpractice case. In the same way, the court will not permit the introduction of a new doctrine of recovery at an unreasonable late point in the action. To avoid adverse consequences, a late amendment to a Bill of Particulars should only be permitted if supported by an affidavit offering an adequate explanation for the lateness of the amendment. Physical Examination You might be wondering why a doctor who doesn't know you or your medical history, and isn't familiar with the specifics of your accident, would be required to conduct a medical examination. But, this type of exam is actually required under Washington law, and it can be helpful to your case. Typically, IMEs are conducted by doctors medical who are hired by the defendant's insurance company and aim to provide a different perspective to your injuries. These physicians, who are sometimes called “independent” are able to have their own goals and financial interests in reducing the amount of compensation which is awarded to injured victims. Your Orange County personal injury attorney will make sure you know what you can expect from an IME and will give an IME doctor with a copy of all relevant medical records. Your lawyer will also be present at the IME and will ensure that you are being examined in a fair manner by ensuring that the doctors ' questions aren't divergent 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 spot dishonesty, and could make use of this information in a trial.