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What is a Personal Injury Lawsuit? You may be entitled to compensation if you were injured as a result of the actions or inactions of a third party. Contact a knowledgeable personal injury attorney to learn more about your rights. A personal injury lawsuit is a civil action in which the plaintiff seeks money to compensate for their losses, which include medical expenses, lost wages, property damage and other expenses. The process can last from a few months to several years. Damages A personal injury lawsuit is a legal proceeding to compel a person or entity to pay you money for damages related to an accident. The person who is injured is referred to as the plaintiff, while the parties accountable are known as defendants. If someone dies as a result of inattention or negligence of others, wrongful death cases may be part of personal injury claims. The damages a victim suffers are usually divided into two categories that are punitive and compensatory. youtube.com are intended to make the victim whole again, including out-of-pocket expenses such as medical expenses and compensation for suffering and pain. Punitive damages, which are not common and are intended to punish the offender for committing extreme acts. This category covers all costs incurred as a result of the accident or injury. These might include doctor's bills, hospital costs and physical therapy expenses. Certain claims could also include additional expenses, such as travel costs to and from appointments, or the need to modify your home to accommodate a disability that is permanent. Non-economic damage can also be called “pain and suffer” damages. These are more difficult to quantify and include the mental and emotional stress, suffering and anguish that an accident can cause. Your lawyer will assist you to value these damages based on the severity of your injuries. This may be based on your capacity to perform the things you did before or your loss of consortium with your family. Statute of limitations In a legal rule known as the statute of limitations, any person who suffers injury as a result of an accident must make a claim within a certain time frame or their claim will be rejected by the courts. This is to stop evidence from being lost or lost and to stop people from dragging incident-related litigation out for a long time. The time frame for filing a claim differs from one state another, but most personal injury claims have a limit of two to four years. However there are exceptions that can extend the amount of time that a victim must file their claim and they should seek legal advice for assistance in determining whether or not your case falls under one of the exceptions. The statute of limitations applies only to lawsuits that are filed in court. Many cases of injury are resolved through the process of claiming insurance and do not require a formal lawsuit filing. Even so, it is important to leave yourself plenty of time to take legal action in the event that negotiations do not go as planned or there is a problem that cannot be easily addressed through the insurance system. A few circumstances can pause the statute of limitations clock however these cases are extremely rare and need to be evaluated on an individual case-by-case basis. For example, the statute of limitations may not begin to run until a victim discovered or should have reasonably discovered that their injuries were caused by a negligent actions. In certain states, such as New York, the statute of limitations differs for claims against municipalities. Complaint A personal injury lawsuit is a civil case initiated by a victim against the person or entity who caused the injury. The plaintiff claims that the defendant breached the duty of care, that this breach caused harm and loss to the plaintiff, and that the defendant is liable for those damages. The complaint is the initial document filed in a personal injury case. It includes specific allegations concerning the incident that caused your injuries as well as the damages you seek. The complaint also includes a “prayer of relief” which outlines what you want 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. After the complaint is filed, the defendant must respond to the complaint within a certain timeframe, and will either admit or deny the allegations in the complaint. The defendant may also bring a counterclaim against plaintiff or bring in a different defendant as a third-party defendant. A successful personal injury lawsuit is based on solid evidence such as medical records 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 collect can also assist us to negotiate with defendants' attorneys or insurance agents to get the best possible settlement offer. Preliminary Conference In a personal injury lawsuit the attorney for you must prove that the negligence of the defendant caused your accident. You must also prove that you were injured in the accident and that these injuries are worth an amount of money. It can be a lengthy process, but it is at the trial that you'll find out if you receive the damages you deserve. In a trial before a jury, your lawyer will argue for the defendant's responsibility and they will argue that they have to be held accountable for your losses. The defendant will argue that their actions are unrelated to the accident, which will keep them from having to reimburse you for your losses. You must attend a pre-trial discussion before you can proceed with the trial. This is often the first time your case will have deadlines established by the Court itself. It is also the time where your attorney will discuss the case with the defense. Preliminary meetings are usually held by a judicial registrar or an individual from the court's staff. If the case is handled under the New York's Differentiated Case Management Rule, or is otherwise exempt from the Rules, all parties are required to be present in person. If a party is unable to attend in person they can participate via phone or internet with the permission of the convenor. If your case is scheduled to be a part of the Differentiated Case Management program, the preliminary conference will be a chance to determine whether your case falls under one of the three categories – expedited, standard or complex. Bill of Particulars After the complaint and summons have been filed, the defendants named in the lawsuit will be given between twenty and thirty days (although this deadline is able to be extended by the court). After the Answer is filed, the case enters what is known as the discovery phase. In this period the parties exchange information in the form of written discovery demands and depositions. Following the conclusion of discovery The attorney for the plaintiff prepares what is called a Bill of Particulars. This document provides 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 made, to help them prepare for trial. Before a Bill of Particulars can be followed, it must be reviewed by the court. Generally speaking, the court will only comply with 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 add new claims. For example, in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. 1994) the court granted the motion to strike references to willful and intentional acts from a medical malpractice claim. The court will not allow a new doctrine to be introduced at any point in the action that is unreasonable late. To avoid causing prejudice, any late amendment to the Bill of Particulars must be supported by an affidavit, which provides a reasonable explanation for the tardiness of the amendment. Physical Examination If a defense attorney, or an insurance company asks you to take part in an Independent Medical Examination (IME), your natural first instinct might be to ask the reason a doctor who may not know you, your medical history, and the particulars of your accident is being requested to conduct an exam. But, this type of examination is actually required under Washington law, and could be beneficial to your case. IMEs are usually performed by doctors who are employed by the defendant’s insurance company. Their aim is to provide an alternative perspective on your injuries. Although they are often referred to as “independent,” these physicians as well as insurance companies have their own agendas and financial motives in cutting down on the amount of compensation that may be granted to a victim who has been injured. If you decide to undergo an IME the Orange County personal injury lawyer will ensure that you are aware of what to expect and will provide copies of all relevant medical records for the doctor to examine. 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 essential to avoid playing up or down the severity of your injuries to these doctors, as they are trained to recognize fraud and could use this information against you at trial.