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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. Contact a knowledgeable personal injury lawyer to learn more about your rights. A personal injury lawsuit is a civil dispute where the plaintiff is seeking money to compensate for their losses, such as medical bills, lost wages, property damage, and other costs. The process can take several months to several years. Damages A personal injury lawsuit is a legal proceeding which is filed to force another person or entity to pay you for damages resulting from an accident. The plaintiff is the injured party and the defendants are accountable. If someone dies as the result of the carelessness or infractions committed by others, wrongful death cases are often included in personal injury lawsuits. Damages are usually classified into two categories: compensatory and punitive. Compensatory damages are meant to help the victim get back on track for good, including out-of-pocket costs such as medical expenses as well as compensation for pain and suffering. Punitive damages, which are rare and are designed to punish the perpetrator if they have committed extreme acts. This category covers all expenses that result from the accident or injury. This could include hospital bills as well as doctor's fees and therapy costs. Some claims may also include additional expenses, such as transportation costs to and from appointments or home modifications to accommodate a permanent disability. Non-economic damages can also be referred to by the term “pain and suffer” damages. These are more difficult to quantify and include the mental and emotional stress, anxiety and suffering that an accident can cause. Your lawyer will assist you to evaluate these damages based upon the severity of your injuries. This may be based on your ability to carry out the activities you used to or your loss of a relationship with family. Statute of limitations A legal requirement, known as the statute of limitations, any person who is injured in an accident must bring a lawsuit within a certain time frame or the claim will be dismissed by the courts. This is done to stop evidence from being forgotten or lost, and to prevent individuals from dragging litigation relating to incidents out 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. There are some exceptions to the time limit for filing a claim. If you require assistance in determining whether your case is one of these exceptions, then it is best to seek legal advice. A key aspect of the statute of limitations is that it only applies to the filing of an action in a court. Insurance claims are typically used to resolve injury cases and do not require formal lawsuits. Even so, it is important to allow yourself enough time to take legal action just in case insurance negotiations do not go as planned or 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 rare and need to be evaluated on a case-by case basis. The statute of limitation may not begin until the victim discovers 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 that are made against municipalities. Complaint A personal injury lawsuit is filed by the victim against the person who caused the injury. It asserts that the defendant violated their duty of care, and that this breach resulted in harm and losses for the plaintiff. The defendant is then held responsible for these 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. It also lists the damages you're seeking. The complaint also includes the “prayer of relief” that outlines what you would like the court to do. The complaint and summons must be delivered to the defendant. After the complaint is filed, the defendant must respond to the complaint within a specified timeframe, and must either accept or deny the allegations made in the complaint. The defendant can also make a counterclaim against the plaintiff or bring in another defendant as third-party defendant. A successful personal injury lawsuit is based on solid evidence, such as medical documents and witness testimony. We work closely with our clients to gather all relevant information and then include it in the case. The evidence we have can also assist us to negotiate with the defense attorneys or insurance agents to negotiate the most favorable settlement offer. Preliminary Conference In a personal injury case the attorney for you must prove that the negligence of the defendant caused your accident. You must also prove that you suffered injuries as a result of your accident, and that those injuries warrant financial compensation. It's not an easy process, but it is 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 responsible and is required to compensate you for your losses. The defendant will provide evidence to show that their actions were not related to the accident. This will prevent them from paying you for your losses. You must attend a pre-trial conference before proceeding with the trial. This is often the first time that your case will be subject to deadlines established by the Court itself. This is also the time when your lawyer will discuss the case with the defense. A judicial registrar, also known as an individual from the court staff, usually conducts preliminary conferences. 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 person is unable to attend in person, the convenor may permit them to attend via phone or online. If your case is part of the Differentiated Case Management Program, an initial meeting also provides an opportunity to determine whether your case falls into one of three categories namely advanced standard or complex. Bill of Particulars When a summons and complaint are filed, the defendant parties named in the lawsuit have twenty or thirty days to respond (although this deadline may be extended with the court's approval). After the Answer is filed, the case is moved to what is called the discovery phase. In this period both sides exchange information in the form of written demands for discovery and depositions. The plaintiff's lawyer prepares a Bill of Particulars at the end of the discovery. The document is a legal declaration of claims and the relief sought – typically 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 the Bill of Particulars before it can be complied with. In general, a court will only be able to abide by a Bill of Particulars if it is not vague or overbroad. A Bill of Particulars should be limited to the specific negligence that is being asserted and should not include new claims. Linker v. Columbus injury lawsuits .D.2d (527 (2nd Dept. ) for instance was a case where the court ruled that the plaintiff had not been negligent. In 1994, the court upheld a motion to strike the reference to willful or deliberate acts in a medical malpractice case. The court will not allow addition of a new theory of recovery at an unreasonable late stage in the litigation. To avoid causing prejudice, a late amendment to the Bill of Particulars must be supported by an affidavit, which gives a reasonable explanation for the lateness of this amendment. Physical Exam If a defense attorney or insurance company demands that you take part in an Independent Medical Examination (IME) Your first reaction may be to question the reason a doctor who may not know you or your medical history and the details of your incident is required to conduct an 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. Although they are sometimes described as “independent,” these physicians, just like insurance companies – have their own agenda and financial interest in reducing the amount of compensation that may be given to a victim of injury. Your Orange County personal injury attorney will ensure that you are aware of what you can expect from an IME and will give the 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 consistent with your medical records. It is important to not play with the extent of your injuries with these doctors, as they are trained to recognize dishonesty and may utilize this information against you at trial.