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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 find out more about your rights. A personal injury lawsuit is civil dispute in which the plaintiff seeks compensation for their loss. This includes medical bills or lost wages, as well as property damage. The process can last from a few months to a few years. Damages A personal injury lawsuit is an action to force another person or entity to pay money for damages related to an accident. The injured party is known as the plaintiff, while the responsible parties are called defendants. If someone dies as a result of inattention or negligence of others the wrongful death case can be included in personal injury claims. The damages of a victim are typically broken down into two groups which are: punitive and compensatory. Compensatory damages are intended to make the victim whole again, including out-of-pocket expenses like medical bills as well as compensation for suffering and pain. Punitive damages, which are rare and are designed to punish the offender if they have committed extreme actions. This category covers all costs caused by the injury or accident. These could include doctor's bills, hospital costs and physical therapy costs. Some claims could also cover additional expenses, such as the cost of travel to and from appointments or the need to modify your home to accommodate a disability that is permanent. Non-economic damages are often described as “pain and suffering” damages. These damages are more difficult to quantify, and they comprise the emotional distress and mental anguish that accidents can cause. Based on the severity of your injuries your lawyer will assist you to determine the value of these damages. This may be based on your ability to do activities you used to or your loss of a relationship with family. Statute of limitations A legal principle known as the statute of limitations obliges anyone injured in an accident file an action within a specified date or else their claim will be dismissed. This is to stop evidence from being lost or lost, and to prevent individuals from dragging litigation relating to incidents out indefinitely. The exact duration of the time limit differs from one state another, but the majority of personal injury lawsuits have a limit of between two and four years. However, there are exceptions that may extend the time required for a victim to make a claim, and they should seek legal advice for assistance in to determine if your case falls under one of these exceptions. The statute of limitations is only applicable to lawsuits filed in the court. A majority of injuries cases are resolved through the process of filing an insurance claim and do not require formal lawsuit filing. But, it's crucial to give yourself enough time to take legal action in the event that 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 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 might not start to run until a victim discovered or reasonably should have discovered that their injury was caused by someone else's negligent actions. 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 filed by an injured party against the person or entity who caused the injury. The plaintiff claims that the defendant breached the duty of care, that the breach caused harm and losses to the plaintiff, and that the defendant is liable for those damages. The complaint is the first document filed in a personal injury case. It includes specific allegations concerning the incident that led to your injuries as well as the damages you seek. The complaint also contains an “prayer of relief” which outlines what you would like the court to do. The complaint and summons must be handed over to the defendant. After the complaint is filed, the defendant has to 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 against the plaintiff or introduce another defendant as third-party defendant. A successful personal injury lawsuit is built on solid evidence, including medical records and witness testimony. We work closely with our clients to gather all relevant information and include it in the case. The evidence can also help us negotiate with the attorney for the defendant or insurance companies to negotiate the best settlement offer possible. Preliminary Conference In a personal-injury lawsuit your lawyer must show that negligence on the part of the defendant led to 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. It's a long process, but it is at the trial that you'll find out if you receive the damages you are entitled to. In a trial before a jury, your lawyer will argue that the defendant is liable and has to pay for your losses. The defendant will present evidence to prove that their actions were unrelated to the accident. This will prevent the defendant from paying for your losses. You must attend a pre-trial discussion before proceeding with the trial. 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 issue with the defense. A judicial registrar, or an official of the court staff usually conducts preliminary conferences. Unless the case is handled under New York's Differentiated Case Management Rule, or is otherwise exempt from the Rules the parties are required to be present in person. If a person is unable to attend in person, the convenor may allow them to participate by 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 within one of three categories: complicated or expedited standard. Bill of Particulars After a complaint and summons are filed, the defendants named in the lawsuit have the option of having twenty or thirty days to file an Answer (although this deadline may be extended if the court gives consent). When the Answer is filed, the case enters what is called the discovery phase. In this phase, both parties exchange information via written demands for discovery and depositions. The plaintiff's lawyer prepares the Bill of Particulars at the conclusion of the discovery. The document is a legal declaration of claims 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 filed so that they is able to effectively prepare for trial. Before a Bill of Particulars can be accepted, it must be reviewed by the court. In general, a court will only abide by a Bill of Particulars if it isn't vague or overly broad. 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 instance was a case where the court concluded that the plaintiff was not negligent. 1994) The court ruled in favor of the motion to strike references to intentional and willful acts from a medical negligence claim. The court will also not allow a new doctrine to be added at any point in the action that is unreasonablely late. To avoid prejudice, a late amendment to the Bill of Particulars must be supported by an affidavit, which provides a reasonable explanation for the delay of this amendment. Physical Examination If a defense attorney or insurance company requests that you take part in an Independent Medical Examination (IME) the first reaction might be to ask the reason why a doctor who does not know you and your medical history and the particulars of your incident is asked to conduct an exam. Jackson injury attorneys of examination, which is required by Washington law, could be beneficial to your case. IMEs are usually conducted by doctors employed by the insurance company of the defendant. Their goal is to provide an alternative view of your injuries. Although they are often described as “independent,” these physicians, just like insurance companies have their own agendas and financial stake in decreasing the amount of compensation that could be awarded to an injured victim. If you choose to undergo an IME If you decide to undergo an IME, your Orange County personal injury lawyer will make sure that you are fully informed about what to expect. They will provide copies of all relevant medical records to the doctor to review. Your lawyer will also be present at the IME and will make sure that you are examined with respect and courtesy by ensuring that questions of the doctor do not diverge from those in your medical records. You should not downplay or exaggerate the severity of your injuries to the doctors. They are trained to detect fraud, and may make use of this information in a trial.