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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 someone else. Contact an experienced personal injury attorney to learn more about your rights. A personal injury lawsuit is a civil matter in which the plaintiff seeks money to compensate for their losses, including medical expenses, lost wages, property damage, and other costs. The process can take anywhere from several months to several years. Damages A personal injury lawsuit is a process to force another person or entity to pay money for damages related to an accident. The plaintiff is the victim and the defendants are the ones accountable. If someone dies as a result of negligence or wrongdoing by others In wrongful deaths, the case may be part of personal injury claims. A victim's damages are typically divided into two categories: compensatory and punitive. Compensatory damages include medical bills as well as pain and loss compensation, and other out of pocket expenses. Punitive damages are not common and are designed to punish the perpetrator for their extreme behavior. This category includes all expenses caused by the accident or injury. These may include hospital expenses medical expenses, doctor's charges and physical therapy costs. In some instances, additional expenses like the cost of travel to and from appointments or changes to your home to accommodate permanent disabilities can also be included in an insurance claim. Non-economic damage can also be called “pain and suffer” damages. These damages are difficult to quantify and include the emotional stress and mental anguish that accidents can cause. Your lawyer will assist you to determine the value of these damages based on the extent of your injury. This may be based on your capacity to perform the things you were previously able to do or your loss of consortium with family. Statute of Limitations In a legal rule known as the statute of limitations, any person who is injured in an accident must file a lawsuit within a specific time period or else their claim will be dismissed by the courts. This is to protect evidence from being lost or forgotten, and to prevent people from dragging out litigation related to an incident for a long time. The time frame for filing a claim varies from one state to another, but most personal injury lawsuits have a time limit of two to four years. However, there are exceptions that could prolong the time a victim has to submit their claim. They should seek legal advice for assistance in to determine whether or not your case falls under one of the exceptions. One of the main facets of the statute of limitations is that it is only applicable to the filing of an action in court. Many cases of injury are resolved through the insurance claim process and do not require a formal lawsuit filing. It is important to allow yourself enough time to file a lawsuit in the event that negotiations with insurance don't go as planned, or if there is a problem that is not resolved by insurance. A few circumstances can pause the statute of limitations clock however these cases are very rare and have to be analyzed on an individual case-by-case basis. For instance, the statute of limitations may not start to run until a victim discovered or ought to have realized that their injuries were caused by someone else's negligent actions. In certain states, such as New York, the statute of limitations is different for claims against municipalities. Complaint A personal injury lawsuit is filed by the victim against the person who caused the injury. It claims that the defendant violated a duty of care, and that the breach caused harm and losses to the plaintiff and that the defendant should be held accountable for the damages. The first document filed with a personal injury lawsuit is referred to as the complaint. It contains specific details about the incident that caused your injuries. It also outlines the damages you're seeking. The complaint also includes a “prayer of relief” that outlines what you want the court to do. The complaint must be served on the defendant, along with a summons, which is a notice that they are being sued. The defendant must respond to the complaint within certain deadlines and either admit or deny all the allegations contained in the complaint. The defendant can also file a counterclaim, or add a third party defendant to the case as 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 collected and included in the case. The evidence will also help us negotiate with the attorney of the defendant or insurance companies to negotiate the best settlement offer possible. Preliminary Conference In a personal injury case, your attorney must prove that the negligence of the defendant caused your accident. You must also prove you were injured in the accident and that your injuries are worthy of the amount of financial compensation. It's not an easy process, but it is at the trial that you'll find out if you receive the damages you deserve. In the case of a trial before the jury, your lawyer will argue that the defendant is at responsibility and they will argue that they have to pay for your losses. The defendant will present evidence to prove that their actions are not connected to the accident. This will stop them from paying you for your losses. Before proceeding to trial, you must attend a preliminaries conference. This is typically the first time your case will be subject to deadlines that are set by the Court itself. This is also when your lawyer will discuss the matter with the defense. Preliminary meetings are usually held by a judicial registrar, or someone on the court's staff. Unless the case is being handled in accordance with the New York's Differentiated Case Management Rule, or is otherwise exempt from the Rules All parties are required to attend in person. If a party 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 a part of the Differentiated Case Management program, a preliminary conference will also be a chance to determine whether your case falls into one of the three classifications – expedited, standard or complex. Bill of Particulars After a summons or complaint are filed, the defendants who are named in the lawsuit have either twenty or thirty days in which to respond (although this deadline may be extended with the court's permission). When the Answer is filed, the case enters what is known as the discovery phase. During this stage, both parties exchange information through written discovery demands and depositions. You Tube for the plaintiff prepares the Bill of Particulars at the end of the discovery. This document outlines the legal claims being made as well as the relief sought, usually the award of damages in cash. The Bill of Particulars is intended to put the defendant on notice of the specific legal claims being filed so that they can effectively prepare for trial. Before a Bill of Particulars can be followed, it must be examined by the court. Generally speaking, the court will only accept a Bill of Particulars that is not vague or broad. A Bill of Particulars should be limited to the specific acts of negligence being claimed and should not add new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ) for instance was a case where the court found that the plaintiff had not been negligent. In 1994, the court affirmed a motion to strike the reference to willful or deliberate acts in a medical negligence case. The court will not allow introduction of a new doctrine of recovery at a disproportionately late stage in the litigation. In order to avoid resultant prejudice, a belated amendment to a Bill of Particulars should only be allowed if accompanied by an affidavit stating an adequate explanation for the lateness of the amendment. Physical Examination You might be wondering why a doctor, who doesn't know you or your medical history and isn't familiar with the details of your accident, should be required to conduct a medical examination. However, this kind of examination is actually required under Washington law, and can be helpful to your case. Typically, IMEs are conducted by medical doctors who are employed by the insurance company representing the defendant and their aim is to provide a different perspective to your injuries. Although they are often described as “independent,” these physicians as well as insurance companies – have their own agenda and financial motives in cutting down on the amount of compensation that could be granted to a victim who has been injured. If you decide to undergo an IME, your Orange County personal injury lawyer will ensure that you are well-informed about what to expect and will provide the complete set of medical records to the doctor to examine. Your lawyer will be present during the IME to make sure that the questions asked by the doctor are in line with your medical records. You should not downplay or exaggerate the severity of your injury to these doctors. They are trained to detect fraudulent behavior, and can make use of this information in a trial.