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What is a Personal Injury Lawsuit? If you've been injured through the actions or inactions, you could be eligible for compensation. Contact an experienced personal injury attorney to learn more about your rights. A personal injury lawsuit is civil dispute where the plaintiff seeks compensation for their losses. This includes 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 an action to force another person or entity to pay compensation for the damages resulting from an accident. The plaintiff is the injured party and the defendants are accountable. If someone dies as the result of carelessness or infractions committed by others the wrongful death case may be part of personal injury lawsuits. Damages are typically classified into two categories: punitive and compensatory. Compensation damages can include medical bills as well as pain and loss compensation, and other out-of-pocket expenses. Punitive damages are rare and are intended to penalize the offender for extreme behavior. The first category of damages is often known as “economic damages.” This includes the cost of out-of-pocket expenses incurred due to the accident or injury. These might include doctor's bills, hospital costs and physical therapy costs. In some cases additional expenses, such as the cost of travel to and from appointments or changes to your home to accommodate permanent disabilities may be included in an insurance claim. Non-economic damages are also referred to by the term “pain and suffer” damages. These are more difficult to quantify and include the emotional distress, mental suffering and anguish that accidents can cause. Based on the severity of your injuries, your lawyer can help you place a value on these damages. This could be based on the ability to do things you did before or your loss in consortium with family. Statute of Limitations Under a legal rule called the statute of limitations, anyone who is injured in an accident must make a claim within a certain time frame or their claim will be rejected by the courts. This is to protect evidence from being lost or forgotten, and to stop people from carrying out litigation relating to incidents for an indefinite period. The exact time limit differs from one state another, but the majority of personal injury claims have a limit of two to four years. There are certain exceptions to the period for filing an injury claim. If you need assistance determining if your case is one of these exceptions, it is recommended that you seek legal advice. The statute of limitations applies only to lawsuits filed in the court. www.youtube.com are usually used to resolve injury cases and do not require formal lawsuits. However, it is important to leave yourself enough time to pursue legal action in the event that negotiations don't go as planned or there is a problem that cannot be resolved through the insurance system. Certain circumstances may stop the clock on the statute of limitations, but they are not common and have to be evaluated on a case-by case basis. For example the statute of limitations might not start to run until the victim discovers or should have reasonably discovered that their injuries were caused by someone else's negligent actions. In certain states, like New York, the statute of limitations is different for claims against municipalities. Complaint A personal injury lawsuit is a civil action brought by an injured person against the person or entity who caused the injury. It alleges that the defendant breached a duty of care, that the breach caused harm and losses to the plaintiff and that the defendant is accountable for the damages. The first document filed with a personal injury lawsuit is called the complaint, and it contains detailed allegations about the incident that caused your injuries and outlines the damages you are seeking. The complaint also contains a “prayer of relief” that outlines what you want the court to do. The complaint must be served on the defendant along with a summons which is a notification that they are being sued. After the complaint is filed, the defendant has to submit an answer to the complaint within a specific time frame, and may either deny or admit the allegations in the complaint. The defendant can also file a counterclaim or add a third party defendant to the case as third party defendant. A successful personal injury lawsuit is based on solid evidence, including medical documents and witness testimony. We work closely together with our clients to gather all relevant information and include it in the case. The evidence can also help us negotiate with the defendant's attorneys or insurance companies to negotiate the most favorable settlement offer. Preliminary Conference In a personal injury case your lawyer must show that negligence on the part of the defendant caused your accident. You must also prove you suffered injuries in your accident and that the injuries are worth the amount of financial compensation. It's not an easy procedure, but it's at the trial that you'll find out if you get the compensation you deserve. In a trial before a jury, your lawyer will argue that the defendant is liable and must pay you for the losses you suffered. The defendant will provide evidence that their actions do not contribute to the accident, which will keep them from having to compensate you for your losses. Before you can proceed to trial, you must attend a preliminary conference. This is the first time that your case is subject to deadlines set by a court. This is also the time when your attorney will be discussing the matter with the defense. A judicial registrar, also known as a member of the court's staff, usually conducts preliminary conferences. All parties must attend the preliminary conference in person, unless the case is handled by New York's Differentiated Case Management Rule or the Rules are exempted in other ways. If a party cannot attend in person, they can participate via phone or internet with the permission of the convenor. If your case is part of the Differentiated Case Management Program, the initial meeting provides an opportunity to determine if your case falls under one of three categories – advanced standard or complex. Bill of Particulars After the summons and complaint have been filed, the defendants named in the lawsuit will be given between twenty and thirty days (although this deadline can be extended by the court). After the Answer has been filed, the case moves into the discovery phase. In this phase, both parties exchange information via written discovery demands and depositions. At the conclusion of discovery, the plaintiff's attorney prepares what is called a Bill of Particulars. This document outlines legal claims and the relief sought – usually an award of money damages. The Bill of Particulars is intended to put the defendant on notice of the specific legal claims being filed so that he or she is able to effectively prepare for trial. The court must look over the Bill of Particulars before it can be complied with. In general, the court will only be able to abide by the Bill of Particulars if it isn't vague or overly broad. A Bill of Particulars must only include the specific acts of negligence that are being claimed, and not add any new claims. For instance in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. 1994), the court sustained the motion to strike references to intentional and willful acts from a medical negligence claim. The court will not permit the introduction of a new theory of recovery at an unreasonably late point in the action. To avoid prejudice, an amendment made late to a Bill of Particulars must be supported by an affidavit which gives a reasonable explanation for the delay of this amendment. Physical Examination When a defense attorney or insurance company requests that you take part in an Independent Medical Examination (IME) Your first reaction might be to ask why a doctor who does not know you or your medical history and the particulars of your incident is requested to conduct an exam. However, this kind of examination is actually an obligation under Washington law, and could be beneficial in your case. Typically, IMEs are conducted by doctors medical who are hired by the defendant's insurance company and their aim is to offer a different perspective on your injuries. These doctors, sometimes referred to as “independent”, have their own goals and financial interests in reducing the compensation that can be paid to victims. If you choose 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 examine. 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 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 these doctors. They are trained to spot fraud, and may use this information at trial.