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What is a Personal Injury Lawsuit? If you've been injured by another person's actions or inactions, you could be eligible for compensation. Contact an experienced personal injury lawyer to find out more about your rights. A personal injury lawsuit is a civil matter in which the plaintiff seeks money to cover their losses, including medical bills, lost wages damages to property and other expenses. The process can run from several months to several years. Damages A personal injury lawsuit is a legal proceeding to compel a person or entity to pay you compensation for the damage caused by an accident. The person who is injured is referred to as the plaintiff, while the parties responsible are referred to as defendants. If someone dies as the result of the negligence or wrongdoing by others the wrongful death case may be part of personal injury lawsuits. Damages are typically classified into two categories: compensatory and punitive. Compensation damages are based on medical bills, pain and suffering compensation and other out-of pocket expenses. Punitive damages are not common and are intended to penalize the perpetrator for their extreme behavior. This category covers all costs caused by the injury or accident. This could include doctor's fees, hospital costs and physical therapy costs. Certain claims could also include additional costs, like the cost of travel to and from appointments or the need to modify your home to accommodate a disability that is permanent. Non-economic damages are often called “pain and suffering” damages. These damages are difficult to quantify, and include the emotional stress and mental stress that an accident can cause. Your lawyer can help you determine the value of these damages based on the severity of your injuries. This may be based on your capacity to perform the activities you used to or your loss in consortium with your family. Statute of limitations Under a legal rule called the statute of limitations, anyone who suffers an injury in an accident must file a lawsuit within a specified time or else their claim will be rejected by the courts. This is done to stop evidence from being forgotten or lost, and also to stop people from dragging incident-related litigation out indefinitely. The exact duration of the time limit differs from one state another, but most personal injury claims have a limit of between two and four years. There are some exceptions to the time to file claims. If you need help to determine if your claim falls under one of these exceptions, it is recommended to seek legal advice. The statute of limitations only applies to lawsuits filed in the court. Insurance claims are often used to settle injury cases and do not require formal lawsuits. However, it is important to leave 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 resolved through the insurance system. A few circumstances can pause the clock of the statute of limitations however these cases are very rare and have to be considered on an individual 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 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 brought by the victim against the party who caused the injury. It claims that the defendant violated their duty of care and this breach caused loss and harm to the plaintiff. The defendant is held accountable for the losses. The first document filed in a personal injury lawsuit is called the complaint. It contains specific details about the incident that caused your injuries. It also outlines the damages you seek. It also includes a “prayer for relief” that describes what you would like the court to do. The summons and complaint must be given to the defendant. The defendant must respond to the complaint within a set of deadlines and either admit or deny all allegations made in the complaint. The defendant may also file a counterclaim against the plaintiff or bring in a different defendant as a third-party defendant. A successful personal injury lawsuit depends on solid evidence such as medical records and testimony from witnesses. We work closely together with our clients to gather the relevant information and incorporate it in the case. The evidence we gather can also assist us to negotiate with defense attorneys or insurance agents to obtain the best settlement offer. Preliminary Conference In a personal-injury lawsuit the lawyer for you must prove that negligence on the part of the defendant caused your accident. You must also prove you were injured in your accident and that your injuries are worth an amount of money. This could be a long process however, the trial is where you will be able to determine if you'll be awarded the damages you're entitled to. In a trial before a jury, your lawyer will argue that the defendant is responsible and has to pay for the losses you suffered. The defendant will present evidence that their actions are not related to the accident, which prevents them from having to pay you for your losses. You must attend a pre-trial conference before proceeding with the trial. This is the first time your case has deadlines set by a court. This is also the time when your attorney will be discussing the issue with the defense. A judicial registrar, or a member of the court's staff, typically holds preliminary conferences. All parties must attend the initial 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 party is not able to attend in person, the convenor may allow them to participate by telephone or online. If your case is scheduled to be part of the Differentiated Case Management program, the preliminary conference will provide an opportunity to determine whether your case falls under one of the three classifications – expedited, standard or complex. 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 submit an Answer (although this deadline may be extended if the court gives permission). After the Answer has been filed, the case is moved into what is called the discovery phase. During this stage the parties exchange information through written demands for discovery and depositions. The plaintiff's lawyer prepares the Bill of Particulars at the end 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 intended to put the defendant on notice of the specific legal claims being made so that he or she is able to effectively prepare for trial. Before a Bill of Particulars can be followed, it must be reviewed by the court. In general, the court will only accept a Bill of Particulars if it isn't vague or overly broad. A Bill of Particulars should be limited to the specific acts of negligence being claimed and should not contain new claims. For example in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. In 1994, the court upheld the motion to strike out any references to willful or intentional acts in a medical malpractice case. Similarly, the court will not allow introduction of a new theory of recovery at a disproportionately late stage in the litigation. To avoid causing prejudice an amendment made late to a Bill of Particulars must be supported by an affidavit, which gives a reasonable explanation of the tardiness of the amendment. Physical Examination You might be wondering why a doctor, who isn't familiar with you or your medical history, and isn't familiar with the details of your accident, should be asked to conduct a medical examination. This type of examination is required by Washington law, can be beneficial to your case. www.youtube.com are usually conducted by doctors hired by the insurance company of the defendant. Their goal is to provide an alternative perspective on your injuries. These doctors, often referred to as “independent”, have their own goals and financial interests in reducing the amount of compensation which is paid to victims. If you decide to undergo an IME, your Orange County personal injury lawyer will ensure that you are aware of what to expect and will provide a copy of all relevant medical records for the doctor to examine. Your lawyer will be present during the IME to ensure that the questions posed by the doctor are in line with your medical records. It is crucial to not play up or down the severity of your injuries to the doctors, since they are trained to recognize dishonesty and may use this information against you in trial.