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What is a Personal Injury Lawsuit? You could be entitled to compensation if have suffered injuries due to the actions or inactions of someone else. Contact a knowledgeable personal injury attorney to learn more about your rights. A personal injury lawsuit is a civil matter where the plaintiff is seeking money to cover their losses, such as medical expenses, lost wages, property damage, and other costs. The process can last from a few months to a few years. Damages A personal injury lawsuit is an action to compel a person or entity to pay compensation for the damages resulting from an accident. The plaintiff is the one who was injured and the defendants are the parties accountable. Personal injury cases can also include cases of wrongful death when someone dies due to negligence or wrongful actions of others. The damages of a victim are typically broken down into two groups that are punitive and compensatory. Compensatory damages are intended to make the victim whole and regain their financial security, which includes out-of-pocket expenses like medical bills and compensation for pain and suffering. Punitive damages, which are rare and are designed to punish the offender if they have committed extreme acts. This category includes all expenses caused by the injury or accident. These may include hospital expenses as well as doctor's fees and therapy costs. Some claims could also cover additional expenses, such as travel costs to and from appointments, or modifications to your home to accommodate a permanent disability. Non-economic damages are often called “pain and suffering” damages. These are more difficult to quantify and include the mental and emotional stress, suffering and anguish that an accident can cause. Your lawyer can help you determine the value of these damages based on the extent of your injury. This might be based on your ability to continue enjoying the activities you previously enjoyed or your loss of consortium with family members. Statute of limitations A legal requirement known as the statute of limitations requires that anyone who is injured in an accident must file an action within a specified date or else the claim will be dismissed. This is to stop evidence from being forgotten or lost, and to prevent people from dragging incident-related litigation out indefinitely. The exact time frame varies from state to state however personal injury claims generally have a two-to four-year limitation. There are certain exceptions to the time to file an injury claim. If you need help to determine if your claim falls within one of these exceptions, it is recommended that you seek legal advice. One of the main facets of the statute of limitations is that it applies only to the filing of an action in a court. Many cases of injury are resolved through the process of filing an insurance claim and do not require formal lawsuit filing. However, it is crucial to give yourself enough time to file a lawsuit in the event that insurance negotiations do not go as planned or an issue arises that cannot be easily addressed through the insurance system. Certain circumstances may stop the clock of the statute of limitations however these cases are very rare and have to be evaluated on a case-by-case basis. The statute of limitation may not start until the person discovers or should have known that the injury was caused by another's negligence. In some states, like New York, it is different for claims made against municipalities. Complaint A personal injury lawsuit is brought by the victim against the party who caused the injury. The plaintiff claims that the defendant violated their duty of care, and that the breach caused loss and harm to the plaintiff. The defendant is then accountable for the damages. The first document filed in a personal injury lawsuit is known as the complaint, and it contains specific details about the incident that caused your injuries and outlines the damages you seek. It also contains a “prayer for relief” that outlines what you would like the court to do. The complaint and summons must be given to the defendant. The defendant must respond to the complaint within a set of time limits and either admit or deny all allegations in the complaint. The defendant may also file a counterclaim or add another defendant to the case by naming a third party defendant. A successful personal injury lawsuit is based on solid evidence such as medical records and testimony from witnesses. We work closely with our clients to ensure that all relevant information is collected and included in the case. The evidence we gather will also assist us in negotiate with defense attorneys or insurance companies to negotiate the most favorable settlement offer. Preliminary Conference In a personal injury case the lawyer for you must prove that negligence on the part of the defendant led to your accident. You must also prove that you suffered injuries from your accident, and that those injuries warrant financial compensation. This can be a long process however, the trial is where you can finally determine whether you'll receive the compensation you deserve. In a trial before jurors your lawyer will argue for the defendant's responsibility and they will argue that they have to pay for your losses. The defendant will present evidence that their actions are not related to the accident, which will keep them from having to pay you for your losses. Before proceeding to trial you must attend a preliminaries conference. 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 register or someone on the court's staff. All parties must attend the preliminary conference in person unless the case has been handled in accordance with 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 can permit them to participate via phone or via the internet. If your case is to be part of the Differentiated Case Management program, an initial conference can be a chance to determine whether your case falls under one of the three classifications that are expedited, standard, or complex. Bill of Particulars After the summons and complaint have been filed, the defendants named in the lawsuit will be given twenty to thirty days (although this time frame may be extended by the court). Once the Answer is filed, the case enters what is called the discovery phase. In YouTube via written discovery demands and depositions. After the discovery process is concluded The attorney for the plaintiff prepares what is known as a Bill of Particulars. This document provides the legal claims that are being made and the relief requested – typically the award of damages in cash. The Bill of Particulars is intended to inform the defendant notice of the specific legal claims being filed so that he or she can prepare effectively for trial. Before a Bill of Particulars can be followed, it must be scrutinized by the court. In general, courts will only accept 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 must not include new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ) for instance was a case in which the court found that the plaintiff was not negligent. In 1994, the court affirmed the motion to strike all the reference to willful or deliberate acts in a medical malpractice case. In the same way, the court will not allow addition of a new theory of recovery at an unreasonable late point in the action. To avoid negative consequences, an amendment made late to the Bill of Particulars should only be allowed if accompanied by an affidavit stating a reasonable excuse for the lateness of the amendment. Physical Examination You might be wondering the reason why a doctor, who doesn't know you, or your medical history and is unfamiliar with the details of your accident, should be asked to conduct a medical exam. However, this type of exam is actually a requirement under Washington law, and can be helpful to your case. Typically, IMEs are conducted by medical doctors who are employed by the insurance company of the defendant and their goal is to offer an alternative view of your injuries. Although they are sometimes called “independent,” these physicians – just like the insurance companies have their own agendas and financial motives 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 you can expect from an IME and will give the doctor with a copy of the relevant medical records. Your lawyer will also be present at the IME and will ensure that you are examined with respect and courtesy by ensuring that doctors questions do not deviate from the ones you have in your medical records. You should not downplay or exaggerate the severity of your injuries to these doctors. They are trained to spot fraud, and may make use of this information in a trial.