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What is a Personal Injury Lawsuit? You could be entitled to compensation if have been injured due to the actions or inactions of someone else. 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 matter in which the plaintiff seeks money to cover their losses, which include medical bills, lost wages, property damage, and other costs. The process can last from a few months to several years. Damages A personal injury lawsuit is a legal proceeding that is taken to compel another person, or entity to pay you compensation for damages caused by an accident. The person who is injured is referred to as the plaintiff and the responsible parties are called defendants. When someone dies as a result of the inattention or negligence of others, wrongful death cases can be included in personal injury claims. Damages are usually classified into two categories: punitive and compensatory. Compensatory damages are meant to help the victim get back on track and regain their financial security, which includes out-of-pocket expenses like medical bills and compensation for pain and suffering. Punitive damages are not common and are intended to penalize the perpetrator for their extreme behavior. The first type of damages is often called “economic damages.” This covers all out-of-pocket expenses associated with the accident or injury. This could include hospital bills, doctor's fees and physical therapy costs. In some cases other expenses such as the cost of travel to and from appointments, or modifications made to your home due to permanent disabilities can be included in the claim. Non-economic damages are also called “pain and suffer” damages. These damages are difficult to quantify, and they comprise the emotional distress and mental stress that accidents can cause. Depending on the severity of your injuries your lawyer will help you determine the value of the damages. This could be based on the capacity to perform the things you were previously able to do or your loss in consortium with your family. Statute of Limitations Under a legal rule called the statute of limitations, any person who is injured in an accident must make a claim within a specific time period or their claim will be dismissed by the courts. You Tube is to protect evidence from being lost or lost in the shuffle and to stop people from drag out litigation related to an incident for a long time. The exact time frame differs from state to state however, personal injury claims typically have a two-to four-year limitation. There are certain exceptions to the time period for filing claims. If you need help determining if your case is one of these exceptions, it is recommended that you seek legal advice. The statute of limitations only applies to lawsuits filed in the court. Insurance claims are often used to resolve injury cases and do not require formal lawsuits. But, it's important to allow yourself plenty of time to file a lawsuit in the event that insurance negotiations don't go as planned or an issue arises that cannot be resolved through the insurance system. Certain circumstances can stop the clock on the statute of limitations however these cases are rare and generally need to be analyzed on an individual basis. For example the statute of limitations might not start running until a victim discovered or reasonably should have discovered that their injuries were caused by a negligence, and in certain states, such as New York, the statute of limitations is different for claims against municipalities. Complaint A personal injury lawsuit is filed by the victim against the person who caused the injury. The plaintiff claims that the defendant violated a duty of care, that this breach caused harm and loss to the plaintiff, and that the defendant is accountable for the damages. The complaint is the initial document filed in a personal injury case. It contains detailed allegations concerning the incident that caused your injuries, as well as the damages you seek. The complaint also contains a “prayer of relief” which describes what you would like the court to do. The complaint must be served on the defendant, along with a summons that is a notice that they are being sued. The defendant must respond to the complaint within certain deadlines and either admit or deny all allegations made in the complaint. The defendant can also file a counterclaim, or add another 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 collect all relevant information and include it in the case. The evidence we gather will also help us to negotiate with defense attorneys or insurance agents to get the best possible settlement offer. Preliminary Conference In a personal injury case, your attorney must prove that the negligence of the defendant led to your accident. You must also prove you suffered injuries in your accident and that your injuries are worth financial compensation. This can be a long process, but the trial is where you will be able to determine if you'll be awarded the damages you're entitled to. In the trial before the jury your lawyer will argue for the defendant's responsibility and the need to compensate you for your losses. The defendant will present evidence to show that their actions were unrelated to the accident. This will prevent them from paying you for your losses. Before proceeding to trial you must attend a preliminary conference. This is the first time your case will be subject to deadlines imposed by a judge. It is also the time that your lawyer will discuss the case with the defense. A judicial registrar, or a member from the court staff, usually conducts preliminary conferences. Unless the case is being handled under New York's Differentiated Case Management Rule, or otherwise exempted from the Rules, all parties are required to attend in person. If a party is unable to attend in person they are able to participate via telephone or on the internet with the approval of the convenor. If your case will be part of the Differentiated Case Management Program, a preliminary meeting is also an opportunity to determine whether 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 deadline can be extended by the court). After the Answer is filed, the matter moves into the discovery phase. In this phase both parties exchange information through written demands for discovery and depositions. At the conclusion of discovery The attorney for the plaintiff prepares what is known as a Bill of Particulars. The document details 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 made so that he or she can prepare effectively for trial. The court must look over the Bill of Particulars before it is allowed to be enforced. In general, a court will only abide by the 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 ruled that the plaintiff was not negligent. 1994), the court sustained the motion to strike references to intentional and willful acts from a medical negligence claim. The court will not allow a new doctrine to be added at any stage in the litigation that is unreasonably late. To avoid adverse consequences, a late amendment to the Bill of Particulars should only be allowed if accompanied by an affidavit that provides an acceptable explanation for the delay in the amendment. Physical Exam If a defense attorney or insurance company demands that you attend an Independent Medical Examination (IME), your natural first instinct may be to question the reason a doctor who may not know you, your medical history, and the details of your incident is asked to conduct an exam. This type of examination is required by Washington law, can be beneficial to your case. IMEs are typically performed by doctors who are employed by the insurance company of the defendant. They are there to offer a different view of your injuries. Although they are sometimes described as “independent,” these physicians, just like insurance companies have their own agendas and financial interest in reducing the amount of compensation that may be awarded to an injured victim. Your Orange County personal injury attorney will ensure that you understand what to expect from an IME and will give a copy to the doctor of all pertinent medical records. Your lawyer will also be present at the IME and will make sure that you are being treated with respect and courtesy by ensuring that questions of the doctor do not diverge from the ones you have in your medical records. It is crucial to not play with the extent of your injuries with these doctors, as they are trained to recognize the deceit and may utilize this information against you at trial.