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What is a Personal Injury Lawsuit? If you've been injured by another person's actions or inactions, you may be able to recover compensation. Contact an experienced personal injury attorney to learn more about your rights. A personal injury lawsuit is civil litigant where the plaintiff seeks compensation for their losses. This includes medical expenses or lost wages, as well as property damage. The process can take anywhere from a few months to several years. Damages A personal injury lawsuit is a process to compel a person or entity to pay money for damages related to an accident. The plaintiff is the injured party, and the defendants are accountable. If someone dies as the result of inattention or negligence of others In wrongful deaths, the case are often included in personal injury lawsuits. Damages are typically classified into two categories: punitive and compensatory. Compensatory damages are meant to ensure that the victim is completely for good, including out-of-pocket costs such as medical bills and compensation for suffering and pain. Punitive damages are not common and designed to punish the perpetrator for their extreme behavior. This category covers all expenses caused by the accident or injury. These may include hospital expenses, doctor's fees and physical therapy costs. In some instances other expenses such as the cost of travelling to and from appointments, or changes to your home for permanent disabilities could be included in a claim. Non-economic losses are often referred to as “pain and suffering” damages. These damages are more difficult to quantify and comprise the emotional distress and mental anguish that accidents can cause. Your lawyer will help you value these damages based on the severity of your injuries. This might be based on your capacity to enjoy activities you used to do or your loss of consortium with family members. Statute of limitations A legal rule known as the statute of limitations obliges anyone injured in an accident must file an action before a specific date or else the claim will be dismissed. This is to safeguard evidence from being lost or lost in the shuffle and to stop people from drag out incident-related litigation indefinitely. The exact time limit differs from one state another, but the majority of personal injury claims have a time limit of between two and four years. However there are exceptions that may prolong the time required for a victim to submit their claim. They should seek legal advice for help to determine whether or not their case falls into one of the exceptions. The statute of limitations applies only to lawsuits that are filed in the court. Many injury cases are resolved through the process of claiming insurance and do not require a formal lawsuit filing. But, it's crucial to give yourself plenty of time to file a lawsuit just in case insurance negotiations do not take place as planned or if there is a problem that cannot be easily addressed through the insurance system. Certain circumstances may stop the clock on the statute of limitations, but they are not common and have to be assessed on a case by case basis. For example, the statute of limitations might not begin to run until the victim discovers or reasonably should have discovered that their injury was caused by another person's negligence, and in some states, such as New York, the statute of limitations differs for claims against municipalities. Complaint A personal injury lawsuit is filed by the victim against the party who caused the injury. The plaintiff claims that the defendant violated their duty of care and that this breach caused damage and losses for the plaintiff. The defendant is then accountable for the damages. The first document filed with a personal injury lawsuit is known as the complaint. It includes specific allegations regarding the incident that caused your injuries and outlines the damages you're seeking. The complaint also contains a “prayer for relief” which outlines what you want the court to do. The complaint and summons must be given to the defendant. The defendant must respond to the complaint within a set of time limits and either admit or deny the allegations made in the complaint. The defendant may also file a counterclaim against the plaintiff or introduce another defendant as a third-party defendant. A successful personal injury lawsuit is based on solid evidence such as medical documents and testimony from witnesses. We collaborate closely with our clients to ensure that all relevant information is gathered and included in the case. The evidence we gather will also help us to negotiate with the defendants' attorneys or insurance agents to negotiate the most favorable settlement offer. Preliminary Conference In a personal-injury lawsuit the lawyer for you must prove that negligence on the part of the defendant caused your accident. You must also prove that you were injured in the accident and that these injuries are worthy of an amount of money. It can be a lengthy process however, the trial is when you will be able to determine if you'll get the damages you deserve. In a trial before a jury, your lawyer will argue that the defendant is responsible and has to pay for your losses. The defendant will provide evidence to show that their actions were unrelated to the accident. This will prevent the defendant from paying for your losses. Before proceeding to trial you must attend a preliminaries conference. This is the first time your case will be subject to deadlines imposed by a judge. This is also when your attorney will discuss the case with the defense. A judicial registrar, or an official of the court staff typically conducts preliminary conferences. All parties must attend the preliminary conference in person unless the case has been handled by the New York's Differentiated Case Management Rule or the Rules are exempted in other ways. If, however, a person is unable to attend in person they may participate via telephone or on the internet with the approval of the convenor. If your case is to be 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 categories that are expedited, standard, or complex. Bill of Particulars After the summons and complaint are filed, the defendants named in the lawsuit will have between twenty and thirty days (although this timeframe may be extended by the court). After the Answer has been filed, the case moves into the discovery phase. In this stage, both parties exchange information via written discovery demands and depositions. The lawyer for the plaintiff prepares a Bill of Particulars at the end of the discovery. The document is a legal declaration of claims and the relief sought – typically 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 they is able to effectively prepare for trial. The court must review the Bill of Particulars before it can be complied with. Generally speaking, the court will only accept a Bill of Particulars that is not vague or overly broad. A Bill of Particulars should be limited to the specific negligence that is being claimed and should not contain new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ), for example was a case where the court found that the plaintiff was not negligent. 1994) the court granted the motion to strike references to intentional and willful acts from a medical negligence claim. Similarly, the court will not allow introduction of a new theory of recovery at an unreasonably late point in the action. To avoid causing prejudice, an amendment made late to a Bill of Particulars must be supported by an affidavit which gives a reasonable explanation of the delay of this amendment. You Tube may question why a doctor, who isn't familiar with you or your medical history and is unfamiliar with the specifics of your accident, should be asked to conduct a medical examination. This type of examination is required by Washington law, could be beneficial to your case. Typically, IMEs are conducted by doctors medical who are hired by the insurance company of the defendant and their goal is to offer an alternative perspective to your injuries. These doctors, who are sometimes called “independent”, have their own agendas and financial stakes in reducing the amount of compensation which can be given to victims of injuries. Your Orange County personal injury attorney will ensure that you are aware of what you can expect from an IME and will provide an IME doctor with a copy of the relevant medical records. Your lawyer will be present during the IME to make sure that the questions asked by the doctor are in accordance with your medical records. It is not advisable to downplay or exaggerate the severity of your injuries to these doctors. They are trained to detect fraudulent behavior, and can use this information at trial.