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What is a Personal Injury Lawsuit? You could be entitled to compensation if were injured as a result of the actions or inactions of a third party. Contact a knowledgeable personal injury lawyer to learn more about your rights. A personal injury lawsuit is civil litigation in which the plaintiff seeks compensation for their loss. This can include medical bills as well as lost wages and property damage. The process can last from a few months to several years. Damages A personal injury lawsuit is a legal action which is filed to force another individual or entity to pay you for the damages that result from 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 the wrongful death case can be included in personal injury claims. The damages a victim suffers are usually divided into two categories that are 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 designed to punish the wrongdoer for extreme conduct. This category covers all costs that result from the accident or injury. These could include doctor's bills or hospital costs, as well as physical therapy expenses. In certain cases, additional expenses like the cost of travel to and from appointments, or modifications to your home for permanent disabilities can be included in an insurance claim. Non-economic damages are often described as “pain and suffering” damages. These are more difficult to quantify and are a result of the emotional distress, mental suffering and anguish that an accident can cause. Your lawyer can help you value these damages based on the severity of your injuries. This might be based on your ability to continue enjoying the activities you previously enjoyed or your loss of connection with family members. 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 specific time period or else their claim will be rejected by the courts. This is done to stop evidence from being forgotten or lost and to stop individuals from dragging litigation relating to incidents out for a long time. The exact duration of the time limit differs from one state another, but the majority of personal injury claims have a time frame of two to four years. There are some exceptions to the time to file claims. If you need assistance in determining whether your case falls within one of these exceptions, then it is best to seek legal advice. The statute of limitations is only applicable to lawsuits that are filed in the court. Many injury cases are resolved through the insurance claim process and do not require formal lawsuit filing. However, it is crucial to give yourself enough time to file a lawsuit in the event that negotiations fail to take place as planned or if an issue arises that can't be resolved through the insurance system. Certain circumstances can stop the clock of the statute of limitations however these cases are extremely rare and need to be evaluated on an individual case-by-case basis. For instance the statute of limitations might not start to run until the victim discovers or ought to have realized that their injury was caused by someone else's negligence, and 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 asserts that the defendant violated their duty of care, and that this breach resulted in damage and losses for the plaintiff. The defendant is accountable for the damages. The first document you file with a personal injury lawsuit is known as the complaint. It includes specific allegations regarding the incident that led to your injuries. It also outlines the damages you are seeking. The complaint also contains a “prayer of relief” which outlines what you would like the court to do. The summons and complaint should be handed over to the defendant. The defendant must respond to the complaint within specific time limits and either admit or deny all allegations in the complaint. The defendant may also bring a counterclaim against plaintiff or bring in a different defendant as third-party defendant. A successful personal injury lawsuit is based on solid evidence, such as medical documents and witness testimony. We collaborate closely with our clients to ensure that all relevant information is collected and included in the case. The evidence will also assist us negotiate with the attorney of the defendant or insurance companies to negotiate the best settlement offer possible. Preliminary Conference In a personal injury lawsuit, your attorney must prove that the negligence 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. It's not an easy process, but it's at the trial that you'll be able to determine if you get the compensation you deserve. In the case of a trial before a jury the lawyer will argue for the defendant's responsibility and they will argue that they have to be held accountable for your losses. The defendant will provide evidence to show that their actions were not related to the accident. This will stop them from settling your losses. Before proceeding to trial, you must attend a preliminary conference. This is often the first time your case will be subject to deadlines established by the Court itself. This is also when your lawyer will discuss the matter with the defense. A judicial registrar, also known as an individual of the court staff typically holds preliminary conferences. Unless the case is handled under New York's Differentiated Case Management Rule, or if it is exempted from the Rules, all participants are required to attend in person. If a party is unable to attend in person, the convenor may allow them to participate by phone or via the internet. If your case is going to be a part of the Differentiated Case Management program, the preliminary conference will provide an opportunity to determine whether your case falls into one of the three classifications which are expedited, standard or complex. Bill of Particulars After a summons or complaint are filed, the defendant parties identified in the lawsuit are given twenty or thirty days to file an Answer (although this deadline may be extended if the court gives permission). After the Answer has been filed, the case moves into what is called the discovery phase. During this time both sides exchange information in the form of written discovery demands and depositions. The lawyer of the plaintiff drafts a Bill of Particulars at the end of the discovery. The document details legal 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 filed so that he or she can prepare effectively for trial. The court must review a Bill of Particulars before it can be complied with. In YouTube , courts will only abide by a Bill of Particulars that is not overbroad or vague. A Bill of Particulars should be limited to the specific acts of negligence claimed and should not contain new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ) for instance was a case where the court ruled that the plaintiff was not negligent. In 1994, the court affirmed the motion to strike all the reference to willful or deliberate actions in a medical malpractice case. The court will not allow a new theory to be added at a stage in the litigation that is unreasonable late. To avoid prejudice, a late amendment to the Bill of Particulars must be supported by an affidavit which gives a reasonable explanation of the lateness of this amendment. Physical Exam When a defense attorney or insurance company asks you to take part in an Independent Medical Examination (IME), your natural first instinct could be to wonder the reason why a doctor who does not know you and your medical history and the particulars of your accident is being requested to conduct an exam. But, this type of exam is actually an obligation under Washington law, and it can be helpful in your case. IMEs are typically conducted by doctors employed by the insurer of the defendant. Their aim is to offer a different view of your injuries. These doctors, often referred to as “independent” and have their own agendas and financial stakes in reducing the amount of compensation which can be paid to victims. If you choose to undergo an IME, your Orange County personal injury lawyer will make sure that you are aware of what to expect. They will provide a copy of all relevant medical records for the doctor to look over. Your lawyer will be present during the IME to make sure that the questions asked by the doctor are consistent with your medical records. It is important to not play with the extent of your injuries with these doctors, as they are trained to recognize dishonesty and may make use of this information against you in trial.