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What is a Personal Injury Lawsuit? If you have been injured by another person's actions or inactions, you could be entitled to compensation. Contact a seasoned personal injury attorney to learn more about your rights. A personal injury lawsuit is civil litigation in which the plaintiff seeks compensation for their loss. This includes medical expenses, lost wages and property damage. The process can take several months to a few years. Damages A personal injury lawsuit is a legal proceeding to compel another person or entity to pay you compensation for the damages resulting 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 include the wrongful death of a person who dies because of the negligence or wrongdoing of others. Damages are usually classified into two categories: punitive and compensatory. Compensatory damages are intended to ensure that the victim is completely again, including out-of-pocket expenses such as medical bills and compensation for suffering and pain. Punitive damages, which are very rare and are intended to punish the perpetrator when they have committed a number of extreme acts. This category includes all expenses incurred as a result of the accident or injury. This could include doctor's fees, hospital costs and physical therapy expenses. In some cases additional expenses, such as the cost of travelling to and from appointments, or modifications to your home due to permanent disabilities may be included in an insurance claim. Non-economic damages are often referred to as “pain and suffering” damages. These are more difficult to quantify and include the emotional distress, mental suffering and anguish caused by accidents. Depending on the severity of your injuries, your lawyer will assist you to place a value on the damages. It could be based on the ability to enjoy activities you previously enjoyed or the loss of your relationship with family members. Statute of Limitations A legal principle known as the statute of limitation obliges anyone injured in an accident should file an action within a specified date or else the claim will be dismissed. This is to prevent evidence from being lost or lost in the shuffle and to stop people from carrying out litigation related to an incident for a long time. The exact time frame differs from state to state however personal injury claims generally have a two- to four-year limit. However there are exceptions that could extend the amount of time a victim has to submit their claim. They should seek legal advice when to determine if your case falls under one of the exceptions. The statute of limitations only applies to lawsuits that are filed in the court. Insurance claims are often used to resolve injury cases and do not require formal lawsuits. It is essential to allow yourself sufficient time to start a lawsuit in the event that insurance negotiations do not go as planned or if a problem occurs which cannot be resolved through insurance. Certain circumstances can stop the clock on the statute of limitations, but these instances are rare and generally need to be analyzed on an individual basis. For instance, the statute of limitations might not start running until the victim discovers 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 a civil case brought by an injured person against the person or entity who caused the injury. It asserts that the defendant breached their duty of care and that this breach resulted in loss and harm to the plaintiff. The defendant is then accountable for the damages. The complaint is the initial document that you file in a personal injury case. It provides detailed details concerning the incident that led to your injuries, and the damages you are seeking. It also includes an “prayer for relief” that 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 limits and either admit or deny the allegations made in the complaint. The defendant can also file a counterclaim, or add another defendant to the case by naming third party defendant. A successful personal injury lawsuit is based on solid evidence, including medical records and witness testimony. We work closely together with our clients to gather the relevant information and incorporate it in the case. The evidence we gather will also help us to negotiate with the defendants' lawyers or insurance agents to obtain the best settlement offer. Preliminary Conference In a personal injury case the lawyer for you must prove that negligence on the part of the defendant caused your accident. You must be able to prove that you sustained injuries due to your accident and that the injuries you sustained are worthy of financial compensation. It can be a lengthy process, but the trial is when you will be able to determine if you'll get the damages you're entitled to. In a trial before the jury, your lawyer will argue for the defendant's liability and that they must be held accountable for your losses. The defendant will present evidence to prove that their actions were not related to the accident. This will prevent them from settling your losses. You must attend a pre-trial conference before you can proceed with the trial. This is the first time that your case has deadlines set by a court. This is also the time that your lawyer will discuss the case with the defense. A judicial registrar, also known as an individual from the court staff, typically holds preliminary conferences. All participants must attend the preliminary conference in person unless the case is handled in accordance with New York's Differentiated Case Management Rule or the Rules are otherwise exempted. If a person is unable to attend in person, the convenor is able to permit them to participate via phone or via the internet. If your case is to be a part of the Differentiated Case Management program, the preliminary conference will provide an opportunity to determine whether your case falls within one of the three categories that are expedited, standard, or complex. Bill of Particulars After a summons or complaint are filed, the defendants named in the lawsuit have the option of having twenty or thirty days to submit an Answer (although this deadline may be extended if the court gives consent). When the Answer is filed, the case moves into what is called the discovery phase. In this phase the parties exchange information via written discovery demands and depositions. At the conclusion of discovery the attorney representing the plaintiff drafts what is called 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 made, so that they can prepare for trial. Before a Bill of Particulars can be accepted, it must be reviewed by the court. In YouTube , a court will only be able to abide by a Bill of Particulars if it is not vague or overbroad. A Bill of Particulars should be limited to the specific acts of negligence asserted and should not include new claims. For example in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. In 1994, the court upheld a motion to strike any references to willful or intentional acts in a medical negligence case. The court will not allow the addition of a new theory of recovery at an unreasonably late stage in the case. To avoid adverse consequences, a late 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 It is possible to ask why a doctor, who doesn't know you, or your medical history and is unfamiliar with the specifics of your accident, would be required to conduct a medical exam. But, this type of examination is actually a requirement under Washington law and can be helpful to your case. Typically, IMEs are conducted by medical doctors who are employed by the insurance company of the defendant and their aim is to provide a different view of your injuries. These doctors, sometimes referred to as “independent” and have their own agendas and financial interests in reducing the amount of compensation which is awarded to injured victims. 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 pertinent medical records. Your lawyer will be present during the IME to ensure that the questions asked by the doctor are in accordance with your medical records. It is crucial to not play with the extent of your injuries with these doctors, as they are trained to spot the deceit and may utilize this information against you in trial.