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What is a Personal Injury Lawsuit? You may be entitled to compensation if have been injured due to the actions or inactions of another person. Contact a knowledgeable personal injury attorney to learn more about your rights. A personal injury lawsuit is civil litigation where the plaintiff seeks compensation for their loss. This can include medical bills, lost wages and property damage. The process can run from a few months to several years. Damages A personal injury lawsuit is a legal process that is taken to compel another person, or entity to compensate you compensation for damages caused by an accident. The person who is injured is referred to as the plaintiff while the responsible parties are called defendants. If someone dies as a result of the negligence or wrongdoing by others, wrongful death cases may be part of personal injury claims. Damages are usually classified into two categories: punitive and compensatory. Compensatory damages include medical bills as well as pain and suffering compensation and other out-of pocket expenses. Punitive damages are rare and are intended to penalize the offender for extreme behavior. This category covers all costs caused by the accident or injury. This could include hospital bills medical expenses, doctor's charges and physical therapy costs. In some cases, additional expenses like the cost of traveling to and from appointments, or modifications made to your home due to permanent disabilities can also be included in the claim. Non-economic damages are commonly described as “pain and suffering” damages. These are more difficult to quantify and are a result of the emotional distress, mental suffering and anguish caused by accidents. Based on the severity of your injuries, your lawyer will assist you to determine the value of the damages. This may be based on your ability to do activities you used to or your loss of a relationship with your family. Statute of limitations Under a legal rule called the statute of limitations, any person who suffers injury as a result of an accident must bring a lawsuit within a certain time frame or the claim will be dismissed by the courts. This is to safeguard evidence from being lost or forgotten and to stop people from drag out litigation relating to incidents for an indefinite period. The exact duration of time varies from state to state but personal injury claims typically have a two- to four-year time limit. However there are exceptions that can prolong the time a victim has to submit their claim. They should seek legal advice when to determine whether or not their case falls into one of these exceptions. A key aspect of the statute of limitations is that it applies only to the filing of a lawsuit in court. Many cases of injury are resolved through the process of filing an insurance claim and do not require formal lawsuit filing. It is still important to allow yourself enough time to file a lawsuit in the event that insurance negotiations don't go as planned, or if a problem arises which cannot be resolved through insurance. Certain circumstances may stop the clock on the statute of limitations, but they are rare and need to be considered on a case by case basis. The statute of limitations may not begin 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 against municipalities. Complaint A personal injury lawsuit is a civil action filed by an injured party against the person or entity that caused the injury. It alleges that the defendant breached a duty of care, and that this breach caused harm and losses to the plaintiff, and that the defendant should be held liable for those damages. The first document you file with a personal injury lawsuit is called the complaint, and it contains detailed allegations about the incident that caused your injuries. It also outlines the damages you are seeking. It also includes a “prayer for relief” which outlines 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 time frames and either accept or deny the allegations made in the complaint. The defendant may also file a counterclaim against the plaintiff or bring in another defendant as third-party defendant. YouTube is built on solid evidence, including medical records and witness testimony. We work closely together with our clients to collect all relevant information and include it in the case. The evidence we have will also assist us in negotiate with the defense attorneys or insurance agents to get the best possible 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 you suffered injuries in your accident and that the injuries are worthy of an amount of money. It's a long procedure, but it's at the trial that you will be able to determine if you receive the damages you deserve. In the trial before the jury your lawyer will argue the defendant's responsibility and the need to be held accountable for your losses. The defendant will provide evidence that their actions do not contribute to the accident, which will prevent them from having to compensate you for your losses. You must attend a pre-trial discussion before you can proceed 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 discuss the case with the defense. Preliminary conferences are typically conducted by a judicial registrar, or a member of the court's staff. All parties must attend the initial conference in person unless the case is handled in accordance with 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 is able to permit them to participate via 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 within one of the three classifications which are expedited, standard or complex. Bill of Particulars After the summons and complaint have been filed, defendants named in the lawsuit will have twenty to thirty days (although this time frame is able to be extended by the court). Once the Answer has been filed, the matter moves into what is called the discovery phase. In this period, both sides exchange information in the form of written discovery demands and depositions. Following the conclusion of discovery the attorney representing the plaintiff drafts what is called a Bill of Particulars. This document outlines the legal claims that are being made and the relief sought – usually an award of money damages. The Bill of Particulars is intended to inform the defendant notice of the specific legal claims being made so that he or she is able to effectively prepare for trial. The court must review a Bill of Particulars before it is allowed to be enforced. In general, a court will only accept the Bill of Particulars if it is not vague or overbroad. A Bill of Particulars must only include the specific acts of negligence that are being claimed and must not include new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ) for instance was a case where the court found that the plaintiff was not negligent. 1994) the court granted the motion to strike all references to willful and intentional acts from a medical malpractice claim. In the same way, the court will not allow introduction of a new theory of recovery at an unreasonable late stage in the litigation. In order to avoid resultant negative consequences, an amendment made late to a Bill of Particulars should only be permitted if supported by an affidavit stating an acceptable explanation for the delay in the amendment. Physical Examination You might be wondering the reason why a doctor, who doesn't know you, or your medical history and isn't familiar with the details of your accident, would be required 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 representing the defendant and their goal is to offer an alternative perspective to your injuries. These doctors, who are sometimes called “independent” are able to have their own agendas and financial stakes in reducing the amount of compensation which is paid to victims. If you decide to go through an IME, your Orange County personal injury lawyer will make sure that you are fully informed about what to expect and provide the complete set of medical records for the doctor to review. Your lawyer will also be present at the IME and can ensure that you are being examined with respect and courtesy by ensuring that doctors ' questions aren't divergent from those in your medical records. You should not downplay or exaggerate the severity of your injury to these doctors. They are trained to detect fraud, and may use this information at trial.