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What is a Personal Injury Lawsuit? If you've been injured due to another's actions or inactions, you could be able to recover compensation. To learn more about your legal rights to pursue compensation, consult a knowledgeable personal injury lawyer. A personal injury lawsuit is a civil litigant in which the plaintiff seeks compensation for their loss. This can include medical bills or lost wages, as well as property damage. The process can last from a few months to several years. Damages A personal injury lawsuit is an action to compel another person or entity to pay you compensation for the damages resulting from an accident. The plaintiff is the injured party, and the defendants are the ones accountable. Personal injury cases can also include the wrongful death of a person who dies due to the negligence or wrongdoing of others. The damages of a victim are typically divided into two categories: compensatory and punitive. Compensation damages are based on medical bills as well as pain and loss compensation, and other out of pocket expenses. Punitive damages are uncommon and are designed to punish the perpetrator for their extreme behavior. This category includes all expenses caused by the injury or accident. This could include hospital bills medical expenses, doctor's charges and physical therapy costs. In some cases additional expenses, such as the cost of traveling to and from appointments, or modifications to your home for permanent disabilities can also be included in the claim. Non-economic damages are commonly called “pain and suffering” damages. These damages are difficult to quantify, and include the emotional stress and mental anguish that accidents can cause. Based on the severity of your injuries your lawyer will help you estimate the value of these damages. This could be based on the ability to carry out the things you did before or your loss of consortium with your family. Statute of limitations Under a legal rule called the statute of limitations, any person who is injured in an accident must bring a lawsuit within a specified time or else their claim will be dismissed by the courts. This is done to prevent evidence from being forgotten or lost, and to prevent individuals from dragging litigation relating to incidents out indefinitely. The exact time limit varies from one state to another, but most personal injury lawsuits have a time limit of two to four years. There are certain exceptions to the to file claims. If you need help to determine if your claim is one of these exceptions, it is best to seek legal advice. The statute of limitations applies only to lawsuits filed in court. Insurance claims are usually used to settle injury cases and do not require formal lawsuits. Even so, it is crucial to give yourself enough time to pursue legal action just in case insurance negotiations fail to follow the plan or an issue arises that cannot be easily addressed through the insurance system. Certain circumstances may stop the clock on the statute of limitations, however they are rare and need to be assessed on a case-by-case basis. The statute of limitations might not be established until the victim is aware or should have known that the injury was caused by another's negligence. In certain states, such as New York, it is different for claims made against municipalities. Complaint A personal injury lawsuit is brought by a victim against the person who caused the injury. It claims that the defendant violated their duty of care, and that this breach caused damage 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, and it contains detailed allegations about the incident that led to your injuries. It also outlines the damages you're seeking. It also contains an “prayer for relief” that outlines what you would like the court to do. The summons and complaint should be handed over to the defendant. After the complaint is filed, the defendant has to respond to the complaint within a specific time frame, and must either accept or deny the allegations made in the complaint. The defendant can also file a counterclaim, or add another defendant to the case by naming third party defendant. A successful personal injury lawsuit is based on solid evidence, including 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 will also help us negotiate with the attorney of the defendant or insurance companies to negotiate the most favorable settlement offer. Preliminary Conference In a personal-injury lawsuit, your lawyer must prove that negligence on the part of the defendant led to your accident. You must also prove that you suffered injuries in your accident and that these injuries are worthy of financial compensation. This can be a long process, but the trial is when you can finally determine whether you'll get the damages you're entitled to. In the case of a trial before a jury your lawyer will argue the defendant's liability and that they must pay for your losses. The defendant will argue that their actions do not contribute to the accident, which prevents them from having to reimburse you for your losses. You must attend a pre-trial meeting prior to proceeding with the trial. This is usually the first time that your case will be subject to deadlines set by the Court itself. It is also the time where your attorney will discuss the case with the defense. Preliminary conferences are typically conducted by a judicial register or an individual from the court's staff. Unless the case is being handled under New York's Differentiated Case Management Rule, or is otherwise exempt from the Rules the parties are required to be present in person. If a party cannot attend in person, they are able to take part via phone or online with the approval of the convenor. If your case is going to be part of the Differentiated Case Management program, an initial conference can be a chance to determine whether your case falls into one of the three categories – expedited, standard or complex. Bill of Particulars After a complaint and summons are filed, the defendants who are named in the lawsuit have twenty or thirty days to file an Answer (although this deadline can be extended with the court's approval). After the Answer is filed, the case moves into what is known as the discovery phase. In YouTube through written discovery demands and depositions. The lawyer of the plaintiff drafts a Bill of Particulars at the end of discovery. The document details legal claims and the relief sought, usually the award of damages in cash. The Bill of Particulars is intended to inform the defendant notice of the specific legal claims being made so that they can effectively prepare for trial. Before a Bill of Particulars can be followed, it must be scrutinized 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 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 sustained a motion to strike all references to willful and intentional actions from a medical malpractice claim. The court will not allow the addition of a new theory of recovery at an unreasonable late point in the action. To avoid causing prejudice an amendment made late to the Bill of Particulars must be supported by an affidavit that gives a reasonable explanation for the lateness of this amendment. Physical Exam It is possible to ask why a doctor, who doesn't know you or your medical history and is unfamiliar with the specifics of your accident, would be asked to conduct a medical exam. This type of examination is required under 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 aim to provide a different perspective to your injuries. Although they are often called “independent,” these physicians – just like the insurance companies have their own agendas and financial interest in decreasing the amount of compensation that can be given to a victim of injury. Your Orange County personal injury attorney will ensure that you are aware of what to expect from an IME and will provide an IME doctor with a copy of all pertinent medical records. Your lawyer will also be present at the IME and will make sure that you are being treated in a fair manner by ensuring that the doctors ' questions aren't divergent from the ones you have in your medical records. You should not downplay or exaggerate the severity of your injury to these doctors. They are trained to spot fraudulent behavior, and can utilize this information in court.