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What is a Personal Injury Lawsuit? If you've been injured due to another's actions or inactions, you may be entitled to compensation. To find out more about your rights under the law get in touch with a seasoned personal injury lawyer. A personal injury lawsuit is a civil litigant in which the plaintiff seeks compensation for their loss. This can include medical bills, lost wages and property damage. The process can take anywhere between a few months and several years. Damages A personal injury lawsuit is a legal process which is filed to force another person or entity to pay you for damages resulting from an accident. The plaintiff is the one who was injured, and the defendants are the ones responsible. Personal injury cases can include the wrongful death of a person who dies due to inattention or negligence of others. The damages a victim suffers are usually broken down into two groups which are: punitive and compensatory. Compensatory damages include medical bills, pain and suffering compensation and other out-of pocket expenses. Punitive damages, which are rare and are intended to punish the offender for committing extreme crimes. The first category of damages is typically referred to as “economic damages.” This is the term used to describe the cost of out-of-pocket expenses incurred due to the accident and injuries. This could include doctor's fees as well as hospital expenses and physical therapy expenses. Some claims may also include additional expenses, such as transportation costs to and from appointments or modifications to your home to accommodate a permanent disability. Non-economic damage can also be described as “pain and suffer” damages. These are more difficult to quantify and are a result of the mental and emotional stress, anguish and suffering that accidents can cause. Your lawyer can help you determine the value of these damages based on the severity of your injury. This might be based on your capacity to participate in activities that you previously enjoyed or the loss of your relationship 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 before a specific date or the claim will be dismissed. This is done to prevent evidence from being lost or lost, and to prevent those who delay bringing litigation related to an incident out indefinitely. The time frame for filing a claim differs from one state another, but the majority of personal injury claims have a limit of two to four years. However there are exceptions that can extend the time a victim has to make a claim, and they should seek legal advice for assistance in determining whether or not their case falls within one of the exceptions. The statute of limitations is only applicable to lawsuits filed in court. Many injury cases are resolved through the insurance claim process and do not require formal lawsuit filing. It is still important to give yourself enough time to start a lawsuit in the event that negotiations with insurance aren't as smooth as you had hoped, or if a problem arises which cannot be resolved through insurance. Certain circumstances may stop the clock on the statute of limitations, however they are not common and have to be considered on a case-by-case basis. The statute of limitations may not start until the person is aware or should have known that the injury resulted from someone else's negligence. In some states, like New York, it is different for claims made against municipalities. Complaint A personal injury lawsuit is a civil suit brought by an injured person against the person or entity that caused the injury. The plaintiff claims that the defendant breached their duty of care and this breach caused loss and harm to the plaintiff. The defendant is accountable for the damages. The complaint is the first document filed in a personal injury lawsuit. It includes specific allegations about the incident that caused your injuries, as well as the damages you seek. The complaint also contains the “prayer for relief” that describes what you want the court to do. The summons and complaint must be delivered to the defendant. After the complaint is filed, the defendant must submit an answer to the complaint within a specified timeframe, and must either accept or deny the allegations in the complaint. The defendant can also file a counterclaim against the plaintiff or bring in another defendant as third-party defendant. A successful personal injury lawsuit relies on solid evidence, including medical documents and testimony from witnesses. We work closely with our clients to gather all relevant information and include it in the case. The evidence we have can also assist us to negotiate with defendants' attorneys or insurance companies to get the best possible settlement offer. Preliminary Conference In a personal injury case, your lawyer must prove that negligence on the part of the defendant led to your accident. You must also prove that you were injured in your accident and that these injuries are worthy of the amount of financial compensation. It can be a lengthy process, but the trial is when you'll be able to decide if you'll get the damages you deserve. In the case of a trial before jurors your lawyer will argue for the defendant's responsibility and they will argue that they have to be held accountable for your losses. The defendant will present evidence to prove that their actions were not related to the accident. This will stop them from settling your losses. Before you can proceed to trial, you must attend a preliminaries conference. This is the first time that your case is subject to deadlines set by a court. YouTube is also when your attorney will discuss the case with the defense. A judicial registrar, or an individual of the court's staff, typically conducts preliminary conferences. Unless the case is handled under New York's Differentiated Case Management Rule, or if it is exempted from the Rules the participants are required to attend in person. If a party is not able to attend in person, the convenor can permit them to attend via phone or online. If your case is to be a part of the Differentiated Case Management program, the preliminary conference will be an opportunity to identify whether your case falls under one of the three classifications which are expedited, standard or complex. Bill of Particulars After the summons and complaint have been filed, defendants named in the lawsuit will be given twenty to thirty days (although this timeframe 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 stage both parties exchange information via written discovery demands and depositions. The lawyer of the plaintiff drafts the Bill of Particulars at the end of discovery. This document outlines legal claims and the relief sought – typically the award of damages in cash. The Bill of Particulars is meant to inform the defendant of the specific legal claims made, to help them prepare for trial. The court must examine the Bill of Particulars before it can be complied with. In general, the court will only accept a Bill of Particulars if it is not vague or broad. A Bill of Particulars should be limited to the specific acts of negligence claimed and should not contain new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ) for instance, was a case where the court found that the plaintiff was not negligent. In 1994, the court upheld the motion to strike all any references to willful or intentional actions in a medical malpractice case. In the same way, the court will not allow the introduction of a new doctrine of recovery at an unreasonable late stage in the litigation. To avoid prejudice, an amendment made late to the Bill of Particulars must be supported by an affidavit which gives a reasonable explanation of the lateness of this amendment. Physical Examination If a defense attorney or insurance company asks you to take part in an Independent Medical Examination (IME), your natural first instinct might be to ask the reason a doctor who may not know you or your medical history and the details of your accident is being asked to conduct an exam. This type of exam is required under Washington law, can be beneficial to your case. Typically, IMEs are conducted by medical doctors who are employed by the defendant's insurance company and aim to offer an alternative perspective on your injuries. These doctors, sometimes called “independent”, have their own agendas and financial interests in reducing the amount of compensation that is given to victims of injuries. If you choose to undergo an IME, your Orange County personal injury lawyer will make sure that you are well-informed about what to expect and provide the complete set of medical records for the doctor to review. Your lawyer will also be present at the IME and can ensure that you are being examined with respect and courtesy by ensuring that doctors questions do not deviate from the ones in your medical records. It is essential to not play with the severity of your injuries to these doctors, as they are trained to recognize dishonesty and may use this information against you in trial.