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What is a Personal Injury Lawsuit? You may be entitled to compensation if have suffered injuries due to the actions or inactions of a third party. Contact a seasoned personal injury lawyer to learn more about your rights. A personal injury lawsuit is a civil litigation in which the plaintiff seeks compensation for their losses. This can include medical bills or lost wages, as well as property damage. The process can take several months to a few years. Damages A personal injury lawsuit is a legal action that is taken to compel another person, or entity to compensate you compensation for damages caused by an accident. The plaintiff is the one who was injured and the defendants are the parties accountable. When someone dies as a result of carelessness or infractions committed by others In wrongful deaths, the case may be part of personal injury lawsuits. The damages a victim suffers are usually broken down into two groups: compensatory and punitive. Compensatory damages are intended to make the victim whole again, including out-of-pocket expenses such as medical bills and compensation for pain and suffering. Punitive damages are not common and are intended to penalize the offender for extreme behavior. The first type of damages is typically referred to as “economic damages.” This is the term used to describe any out-of-pocket costs resulting from the accident or injury. These could include hospital bills as well as doctor's fees and therapy costs. Certain claims could also include additional expenses, such as travel costs to and from appointments, or home modifications to accommodate a permanent disability. Non-economic damages are also referred to by the term “pain and suffer” damages. They are more difficult to quantify and include the mental and emotional stress, anguish and suffering that an accident can cause. Your lawyer will help you determine the value of these damages based on the extent of your injury. This may be based on your ability to do things you did before or your loss of consortium with your family. Statute of limitations A legal rule known as the statute of limitations stipulates that anyone injured in an accident should file a lawsuit before a certain 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 drag out incident-related litigation indefinitely. The exact time frame differs between states, but personal injury claims typically have a two-to four-year limitation. However there are exceptions that can extend the time required for a victim to file their claim and they should seek legal advice for assistance in to determine whether or not their case falls within one of these exceptions. The statute of limitations is only applicable to lawsuits that are filed in the court. Insurance claims are typically used to resolve injuries and do not require formal lawsuits. It is important to give yourself enough time to bring a lawsuit in the event that insurance negotiations don't go as planned, or if a problem occurs that is not resolved by insurance. A few circumstances can pause the statute of limitations clock however these cases are rare and generally need to be considered on an individual case-by-case basis. For example the statute of limitations may not start running until a victim discovered or ought to have realized that their injury was caused by another person's negligent actions, and in certain states, like New York, the statute of limitations is different for claims against municipalities. Complaint A personal injury lawsuit is a civil suit initiated by a victim against the person or entity that caused the injury. The plaintiff claims that the defendant breached their duty of care, and that the breach caused loss and harm to the plaintiff. The defendant is held responsible for these damages. The complaint is the initial document filed in a personal injury lawsuit. It provides detailed details about the incident that caused your injuries, as well as the damages you seek. The complaint also includes an “prayer of relief” which outlines what you would like the court to do. The complaint must be served to the defendant with a summons which is a notification that they are being sued. The defendant must respond to the complaint within a set of deadlines and either admit or deny all allegations in the complaint. The defendant may also bring a counterclaim against plaintiff or bring in another defendant as a third-party defendant. A successful personal injury lawsuit relies on solid evidence including medical documents and testimony from witnesses. We collaborate closely with our clients to ensure that all relevant information is collected and included in the case. The evidence we gather will also help us to negotiate with the defense attorneys or insurance companies to obtain the best settlement offer. YouTube In a personal injury lawsuit your lawyer must demonstrate that the defendant's negligence caused your accident. You must be able to prove that you sustained injuries from your accident, and that the injuries you sustained are worthy of financial compensation. This can be a long process, but the trial is when you'll be able to decide if you'll receive the compensation you deserve. In a trial before the jury, your lawyer will argue that the defendant is at liability and that they must be held accountable for your losses. The defendant will provide evidence to show that their actions were unrelated to the accident. This will stop them from settling 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 court. This is also when your lawyer will discuss the matter with the defense. A judicial registrar, or a member from the court staff, typically holds preliminary conferences. 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 otherwise exempted. If a person is unable to attend in person, the convenor is able to permit them to participate via 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 namely complicated or expedited standard. Bill of Particulars After a summons or complaint are filed, the defendant parties who are named in the lawsuit have either twenty or thirty days in which to file an Answer (although this time frame can be extended if the court gives consent). After the Answer is filed, the case moves into what is called the discovery phase. During this stage the parties exchange information via written demands for discovery and depositions. At the conclusion of discovery, the plaintiff's attorney prepares what is known as a Bill of Particulars. This document outlines the legal claims that are being made and the relief sought, usually the award of damages in cash. 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. The court must look over a Bill of Particulars before it is allowed to be enforced. Generally, the court will only abide by a Bill of Particulars that is not vague or broad. A Bill of Particulars must only include the specific acts of neglect that are being asserted and not include any new claims. For example in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. 1994) The court ruled in favor of a motion to strike all references to intentional and willful acts from a medical malpractice claim. The court will also not permit a new theory to be introduced at an stage in the litigation that is unreasonably late. To avoid causing prejudice, an amendment made late to the Bill of Particulars must be supported by an affidavit, which provides a reasonable explanation for the tardiness of the amendment. Physical Exam When a defense attorney or insurance company asks you to take part in an Independent Medical Examination (IME) the first reaction may be to question the reason why a doctor who does not know you, your medical history, and the particulars of your injury is required to conduct an examination. This type of examination, which is required by Washington law, can be beneficial to your case. Typically, IMEs are conducted by medical doctors who are employed by the defendant's insurance company and aim to offer an alternative perspective to your injuries. Although they are often referred to as “independent,” these physicians – just like the insurance companies – have their own agenda and financial motives in reducing the amount of compensation that can be granted to a victim who has been injured. Your Orange County personal injury attorney will ensure that you understand what you can expect from an IME and will give a copy to the doctor 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 do not deviate from the ones in your medical records. Do not underplay or exaggerate the severity of your injuries to the doctors. They are trained to detect fraudulent behavior, and can utilize this information in court.