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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 able to recover compensation. To learn more about your rights under the law get in touch with a seasoned personal injury lawyer. A personal injury lawsuit is a civil action where the plaintiff is seeking money to compensate for their losses, including medical bills, lost wages, property damage, and other costs. The process can take anywhere from a few months to several years. Damages A personal injury lawsuit is a process to force another person or entity to pay compensation for the damages resulting from an accident. The plaintiff is the victim, and the defendants are the ones accountable. Personal injury cases can include the wrongful death of a person who dies due to inattention or negligence of others. The damages of a victim are typically broken down into two groups: compensatory and punitive. Compensatory damages are intended to make the victim whole and regain their financial security, which includes out-of-pocket expenses such as medical expenses as well as compensation for pain and suffering. Punitive damages, which are rare, are meant to punish the wrongdoer if they have committed extreme crimes. This category covers all expenses that result from the accident or injury. These may include hospital expenses medical expenses, doctor's charges and physical therapy costs. Some claims could also cover additional expenses, such as the cost of travel to and from appointments or modifications to your home to accommodate a disability that is permanent. Non-economic damages are commonly referred to as “pain and suffering” damages. They are more difficult to quantify and include the mental and emotional stress, anxiety and suffering that accidents can cause. Based on the severity of your injuries your lawyer can help you determine the value of the damages. This could be based on the ability to do activities you used to or your loss in consortium with family. Statute of limitations A legal rule known as the statute of limitation requires that anyone who is injured in an accident should file an action within a specified date or else their claim will be dismissed. This is to prevent evidence from being lost or forgotten and to stop people from drag out incident-related litigation indefinitely. click the next website varies between states, however, personal injury claims typically have a two- to four-year limitation. There are certain exceptions to the period for filing claims. If you need help in determining whether your case is one of these exceptions, it is recommended to seek legal advice. A key aspect of the statute of limitations is that it is only applicable to the filing of a lawsuit in court. Insurance claims are usually used to resolve injury cases and do not require formal lawsuits. However, it is important to allow yourself enough time to pursue legal action in the event that insurance negotiations do not follow the plan or an issue arises that can't be addressed by the insurance system. Certain circumstances may stop the clock on the statute of limitations, but these instances are very rare and have to be analyzed on a case-by-case basis. The statute of limitations might not be established until the victim discovers or should have known that the injury resulted from someone else's negligence. In certain states, like New York, it is different for claims made against municipalities. Complaint A personal injury lawsuit is filed by the victim against the person who caused the injury. It alleges that the defendant breached the duty of care, that the breach caused harm and loss to the plaintiff and that the defendant is accountable for the losses. The first document filed with a personal injury lawsuit is called the complaint, and it contains detailed allegations about the incident that led to your injuries and outlines the damages you are seeking. The complaint also contains 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 that is a notice that they are being sued. The defendant must respond to the complaint within a set of deadlines and either admit or deny the allegations made in the complaint. The defendant can also bring a counterclaim against plaintiff or introduce another defendant as a third-party defendant. A successful personal injury lawsuit relies on solid evidence such as medical documents and testimony from witnesses. We work 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 defendants' attorneys or insurance agents to get the best possible settlement offer. Preliminary Conference In a personal injury case your lawyer must demonstrate that the defendant's negligence caused your accident. You must also prove you suffered injuries in your accident and that the injuries are worthy of the amount of financial compensation. It's not an easy process, but it's at the trial that you'll be able to determine if you get the compensation you are entitled to. In a trial before a jury, your lawyer will argue that the defendant is liable and has to pay for the losses you suffered. The defendant will provide evidence that their actions are unrelated to the accident, which will prevent them from having to reimburse you for your losses. You must attend a pre-trial conference before you can proceed with the trial. This is often the first time that your case will have deadlines set by the Court itself. This is also when your lawyer will discuss the case with the defense. Preliminary conferences are typically conducted by a judicial registrar or a member of the court's staff. All parties must attend the preliminary conference in person unless the case is handled under the New York's Differentiated Case Management Rule or the Rules are otherwise exempted. If a party is not able to attend in person, the convenor can permit them to participate via phone or via the internet. If your case is going to be a part of the Differentiated Case Management program, an initial conference can be a chance to determine whether your case falls within one of the three classifications – expedited, standard or complex. Bill of Particulars After the complaint and summons are filed, the defendants named in the lawsuit will have between twenty and thirty days (although this time frame can be extended by the court). After the Answer is filed, the case moves into what is known as the discovery phase. In this stage, both parties exchange information through written discovery demands and depositions. The plaintiff's lawyer prepares the Bill of Particulars at the conclusion of the discovery. The document is a legal declaration of claims and the relief sought, usually an award of money damages. The Bill of Particulars is meant to inform the defendant of the specific legal claims made, so that they can prepare for trial. The court must look over the Bill of Particulars before it is able to be followed. Generally, the court will only abide by a Bill of Particulars that is not vague or broad. A Bill of Particulars should be limited to the specific negligence that is being claimed and should not contain new claims. For example in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. 1994) The court ruled in favor of the motion to strike references to intentional and willful acts from a medical malpractice claim. The court will not allow the introduction of a new theory of recovery at an unreasonably late stage in the case. To avoid prejudice, a belated amendment to a Bill of Particulars should only be permitted if supported by an affidavit that provides an adequate explanation for the lateness of the amendment. Physical Examination When a defense attorney or insurance company requests that you attend an Independent Medical Examination (IME), your natural first instinct could be to wonder the reason a doctor who may not know you or your medical history and the particulars of your incident is requested to conduct an exam. However, this type of exam is actually a requirement under Washington law, and can be helpful in your case. IMEs are typically conducted by doctors hired by the insurer of the defendant. Their aim is to provide an alternative perspective on your injuries. Although they are sometimes called “independent,” these physicians as well as insurance companies – have their own agenda and financial motives in cutting down on the amount of compensation that can 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 an IME doctor with a copy of all relevant medical records. Your lawyer will also be present at the IME and will make sure that you are being examined with respect and courtesy by ensuring that doctors ' questions aren't divergent from those in your medical records. It is not advisable to downplay or exaggerate the severity of your injuries to these doctors. They are trained to detect fraud, and may utilize this information in court.