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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 someone else. Contact an experienced personal injury lawyer to find out more about your rights. A personal injury lawsuit is a civil matter where the plaintiff is seeking compensation for their losses, including medical expenses, lost wages, damages to property and other expenses. The process can take several months to a few years. Damages A personal injury lawsuit is a legal proceeding which is filed to force another person or entity, to pay you compensation for damages caused by an accident. The injured party is known as the plaintiff, while the responsible parties are called defendants. If someone dies as a result of the negligence or wrongdoing by others the wrongful death case are often included in personal injury lawsuits. The damages of a victim are typically broken down into two groups: compensatory and punitive. YouTube can include medical bills, pain and suffering compensation, and other out-of-pocket expenses. Punitive damages are uncommon and are designed to punish the perpetrator for their extreme behavior. This category includes all expenses caused by the injury or accident. These could include doctor's bills, hospital costs and physical therapy expenses. In some instances additional expenses, such as the cost of travel to and from appointments, or modifications to your home to accommodate permanent disabilities can also be included in an insurance claim. Non-economic damages can also be called “pain and suffer” damages. They are more difficult to quantify and include the emotional distress, mental suffering and anguish that an accident can cause. Depending on the severity of your injuries your lawyer will assist you to place a value on the damages. This might be based on the ability to enjoy activities you used to do or your loss of connection with family members. Statute of Limitations A legal principle known as the statute of limitations stipulates that anyone injured in an accident must file an action within a specified date or else their claim will be dismissed. This is to protect evidence from being lost or lost in the shuffle and to stop people from carrying out litigation relating to incidents for an indefinite period. The exact duration of time varies from state to state but personal injury claims typically have a two-to four-year limit. However, there are exceptions that can extend the time a victim has to make a claim, and they should seek legal advice for help to determine whether or not their case falls into one of these exceptions. The statute of limitations applies only to lawsuits filed in the court. Many injury cases are resolved through the insurance claim process and do not require formal lawsuit filing. It is nevertheless important to allow yourself enough time to start a lawsuit in the event that insurance negotiations aren't as smooth as you had hoped, or if there is a problem that is not resolved by insurance. Certain circumstances may stop the clock on the statute of limitations, but these instances are extremely rare and need to be analyzed on an individual case-by-case basis. For example, the statute of limitations may not start running until a victim discovered or should have reasonably discovered that their injury was caused by someone else's negligent actions. In certain states, like 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. The plaintiff claims that the defendant breached a duty of care, and that this breach caused harm and loss to the plaintiff and that the defendant is accountable for the losses. The complaint is the first document that is filed in a personal injury case. It contains detailed allegations regarding the incident that caused your injuries as well as the damages you seek. It also includes the “prayer for relief” which outlines what you would like the court to do. The complaint and summons must be handed over to the defendant. The defendant must respond to the complaint within certain deadlines and either admit or deny the allegations in the complaint. The defendant may also make a counterclaim against the plaintiff or introduce 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 with our clients to ensure that all relevant information is gathered and included in the case. The evidence we have will also help us to negotiate with the defendants' attorneys or insurance companies to obtain the best settlement offer. Preliminary Conference In a personal injury lawsuit, your attorney must prove that the negligence of the defendant led to your accident. You must also prove you were injured in your accident and that these injuries are worthy of an amount of money. It's a long process, but it's at the trial that you'll find out if you be awarded the compensation you deserve. In the trial before jurors your lawyer will argue the defendant's responsibility and they will argue that they have to compensate you for your losses. The defendant will present evidence that their actions do not contribute to the accident, which will keep them from having to reimburse you for your losses. Before you can proceed to trial, you must attend a preliminaries conference. This is the first time your case will be subject to deadlines imposed by a judge. This is also the time when your lawyer will discuss the case with the defense. A judicial registrar, or a member of the court staff typically holds preliminary conferences. All parties must attend the initial conference in person unless the case has been handled under the New York's Differentiated Case Management Rule or the Rules are exempted in other ways. If a party is not able to attend in person, the convenor is able to permit them to attend via phone or via the internet. If your case is part of the Differentiated Case Management Program, an initial meeting also provides 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 are filed, the defendants named in the lawsuit will have between twenty and thirty days (although this deadline is able to be extended by the court). After the Answer has been filed, the case is moved into what is called the discovery phase. In this phase both parties exchange information via written demands for discovery and depositions. Following the conclusion of discovery The attorney for the plaintiff prepares what is called a Bill of Particulars. The document details the legal claims that are being made and the relief sought, usually the award of damages in cash. The Bill of Particulars is intended to inform the defendant notice of the specific legal claims being made so that he or she can prepare effectively for trial. Before a Bill of Particulars can be accepted, it must be examined by the court. In general, courts will only accept a Bill of Particulars that is not overbroad or vague. A Bill of Particulars should be limited to the specific negligence that is being asserted and should not include new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ), for example was a case where the court concluded that the plaintiff had not been negligent. In 1994, the court upheld the motion to strike out any references to willful or intentional acts in a medical malpractice case. In the same way, the court will not allow introduction of a new theory of recovery at an unreasonable late point in the action. In order to avoid resultant negative consequences, an amendment made late to a Bill of Particulars should only be allowed when supported by an affidavit that provides an acceptable explanation for the lateness of the amendment. Physical Exam If a defense attorney, or an insurance company requests that you attend an Independent Medical Examination (IME), your natural first instinct might be to ask the reason why a doctor who does not know you and your medical history and the particulars of your injury is asked to conduct an exam. This type of examination is required by Washington law, can be beneficial to your case. IMEs are typically performed by doctors who are employed by the insurance company of the defendant. They are there to offer a different view of your injuries. These doctors, sometimes called “independent” and have their own agendas and financial stakes in reducing the amount of compensation which is given to victims of injuries. If you decide to undergo an IME the Orange County personal injury lawyer will make sure that you are fully informed about what to expect and will provide the complete set of medical records to the doctor to look over. Your lawyer will also be present at the IME and can ensure that you are being treated in a fair manner by ensuring that the questions of the doctor do not diverge from the ones you have in your medical records. It is not advisable to downplay or exaggerate the severity of your injuries to the doctors. They are trained to detect fraud, and may use this information at trial.