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What is a Personal Injury Lawsuit? If you've been hurt by another person's actions or inactions, you could be entitled to compensation. To learn more about your rights under the law to pursue compensation, consult a knowledgeable personal injury lawyer. A personal injury lawsuit is a civil litigation where the plaintiff seeks compensation for their losses. This includes medical expenses, lost wages and property damage. The process can last from a few months to a few years. Damages A personal injury lawsuit is a legal proceeding to compel another person or entity to pay you money for damages related to an accident. The person who is injured is referred to as the plaintiff while the parties accountable are known as defendants. Personal injury cases can include wrongful death claims when someone dies due to the negligence or wrongful actions of others. Damages are typically classified into two categories: compensatory and punitive. Compensatory damages are intended to make the victim whole for good, including out-of-pocket costs like medical bills as well as compensation for suffering and pain. Punitive damages are not common and are intended to penalize the offender for extreme behavior. The first type of damages is often referred to as “economic damages.” This covers the cost of out-of-pocket expenses incurred due to the accident and injuries. This could include doctor's fees or hospital costs, as well as physical therapy costs. In some cases additional expenses, such as the cost of travelling to and from appointments or changes to your home for permanent disabilities may also be included in a claim. Non-economic damage can also be described as “pain and suffer” damages. They are more difficult to quantify and include the mental and emotional stress, suffering and anguish that accidents can cause. Your lawyer will assist you to determine the value of these damages based on the severity of your injuries. It could be based on your ability to continue enjoying the activities you were previously able to enjoy or your loss of consortium with family members. Statute of Limitations A legal rule known as the statute of limitations stipulates that anyone injured in an accident should file an action before a specific date or the claim will be dismissed. This is to safeguard evidence from being lost or lost in the shuffle and to stop people from carrying out incident-related litigation indefinitely. The time frame for filing a claim is different from one state to another, but the majority of personal injury claims have a time frame of two to four years. There are some exceptions to the time limit for filing claims. If you need assistance determining if your case falls within one of these exceptions, it is recommended that you seek legal advice. The statute of limitations is only applicable to lawsuits filed in the court. Many cases of injury are resolved through the insurance claim process and do not require formal lawsuit filing. It is still important to allow yourself enough time to bring a lawsuit in the event that insurance negotiations aren't as smooth as you had hoped, or if a problem arises that cannot be resolved with insurance. A few circumstances can pause the statute of limitations clock however, these situations are very rare and have to be considered on an individual case-by-case basis. The statute of limitation may not start until the person is aware or should have known that the injury was caused by someone else's negligence. In certain states, such as New York, it is different for claims against municipalities. Complaint A personal injury lawsuit is brought by a victim against the person who caused the injury. The plaintiff claims that the defendant violated their duty of care and this breach caused harm and losses for the plaintiff. The defendant is then held accountable for the losses. The complaint is the initial document that you file in a personal injury case. It contains detailed allegations concerning the incident that led to your injuries as well as the damages you seek. It also includes an “prayer for relief” that describes what you would like the court to do. The complaint must be served on the defendant along with a summons, which is a notice that they are being sued. After the complaint is filed, the defendant has to file an answer to the complaint within a specific timeframe, and must either accept or deny the allegations in the complaint. The defendant may also file a counterclaim against the plaintiff or bring in another defendant as a third-party defendant. A successful personal injury lawsuit is based on solid evidence, including medical records and witness testimony. We collaborate closely with our clients to ensure that all relevant information is collected and included in the case. The evidence will also assist us negotiate with the defendant's attorneys or insurance representatives to get the most favorable settlement offer. Preliminary Conference In a personal injury case the attorney for you must prove that the defendant's negligence caused your accident. You must also prove that you suffered injuries from your accident, and that your injuries are a valid reason for financial compensation. This can be a long process, but the trial is when you will be able to determine if you'll receive the compensation you're entitled to. In a jury trial your lawyer will argue that the defendant is responsible and has to pay for your losses. The defendant will present evidence that their actions are not related to the accident, which will prevent them from having to compensate you for your losses. You must attend a pre-trial discussion prior to proceeding with the trial. This is the first time that your case will be subject to deadlines imposed by a court. This is also the time when your lawyer will discuss the case with the defense. Preliminary meetings are usually held by a judicial register or a member of the court's staff. All participants must attend the preliminary conference in person unless the case is handled by the New York's Differentiated Case Management Rule or the Rules are exempted in other ways. If a party is unable to attend in person, the convenor is able to allow them to participate by phone or via the internet. If your case is part of the Differentiated Case Management Program, a preliminary meeting is also an opportunity to determine if 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 be given between twenty and thirty days (although this timeframe may be extended by the court). Once the Answer is filed, the case moves into the discovery phase. During this time, both sides exchange information in the form of 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 being made as well as the relief sought, usually an award of money damages. The Bill of Particulars is meant to inform the defendant of the specific legal claims that are made so that they can prepare for trial. Before a Bill of Particulars can be accepted, it must be reviewed by the court. Generally, the court will only accept a Bill of Particulars that is not vague or overly broad. A Bill of Particulars must only include the specific acts of neglect that are being claimed and must not include new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ) for instance, was a case where the court ruled that the plaintiff was not negligent. 1994), the court sustained the motion to strike references to willful and intentional actions from a medical malpractice claim. The court will not permit a new theory to be introduced at a stage in the litigation that is unreasonable late. In order to avoid resultant negative consequences, an amendment made late to the Bill of Particulars should only be allowed if accompanied by an affidavit stating a reasonable excuse for the delay in the amendment. Physical Examination If a defense attorney or insurance company demands that you attend an Independent Medical Examination (IME) the first reaction may be to question the reason why a doctor who does not know you or your medical history and the particulars of your incident is asked to conduct an exam. But, this type of exam is actually required under Washington law and can be helpful in your case. Typically, IMEs are conducted by medical doctors who are employed by the defendant's insurance company and their aim is to provide a different view of your injuries. These physicians, who are sometimes called “independent”, have their own goals and financial interests in reducing the amount of compensation that is awarded to injured victims. If you decide to go through an IME the Orange County personal injury lawyer will ensure that you are fully informed about what to expect and will provide the complete set of medical records to the doctor to review. Your lawyer will also be present at the IME and will make sure that you are examined in a fair manner by ensuring that the doctors ' questions aren't divergent from those in your medical records. You Tube should not downplay or exaggerate the severity of your injury to the doctors. They are trained to spot fraudulent behavior, and can make use of this information in a trial.