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What is a Personal Injury Lawsuit? If you have been injured through the actions or inactions, you may be eligible for compensation. Contact an experienced personal injury attorney to learn more about your rights. A personal injury lawsuit is a civil action where the plaintiff is seeking compensation for their losses, which include medical bills, lost wages property damage and other expenses. The process can take anywhere from several months to several years. Damages A personal injury lawsuit is a legal process that is taken to force another person or entity to compensate you compensation for damages caused by an accident. The plaintiff is the victim, and the defendants are the parties responsible. If someone dies as the result of the negligence or wrongdoing by others In wrongful deaths, the case can be included in personal injury claims. Damages are usually divided into two categories: compensatory and punitive. Compensatory damages are intended to make the victim whole again, including out-of-pocket expenses such as medical expenses and compensation for suffering and pain. Punitive damages are uncommon and designed to punish the wrongdoer for extreme conduct. This category covers all expenses that result from the injury or accident. These could include hospital bills, doctor's fees and physical therapy costs. Certain claims could also include additional costs, like transportation costs to and from appointments or the need to modify your home to accommodate a permanent disability. Non-economic damage can also be referred to by the term “pain and suffer” damages. They are more difficult to quantify and involve the mental and emotional stress, anguish and suffering caused by accidents. Based on the extent of your injuries, your lawyer can help you estimate the value of the damages. This could be based on the ability to carry out the things you did before or your loss of a relationship with your family. Statute of Limitations A legal rule known as the statute of limitation obliges anyone injured in an accident must file an action within a specified date or else the claim will be dismissed. This is to protect evidence from being lost or forgotten, and to stop people from carrying out litigation relating to incidents for an indefinite period. The exact time limit varies from one state to another, but most personal injury claims have a time frame of two to four years. However there are exceptions that can extend the amount of time required for a victim to file their claim and they should seek legal advice for assistance in determining whether or not their case falls into one of these exceptions. The statute of limitations only applies to lawsuits that are filed in court. A majority of injuries cases are resolved through the process of filing an insurance claim and do not require a formal lawsuit filing. Even so, it is important to allow yourself plenty of time to pursue legal action in the event that negotiations fail to take place as planned or if there is a problem that cannot be easily addressed through the insurance system. Some circumstances can pause the clock on the statute of limitations, but they are extremely rare and have to be evaluated on a case by case basis. For example the statute of limitations might not start running until a victim discovered or ought to have realized that their injury was caused by another person's negligent actions. In some states, such as New York, the statute of limitations is different for claims against municipalities. Complaint A personal injury lawsuit is brought by the victim against the person who caused the injury. It claims that the defendant breached their duty of care and that this breach caused damage and losses for the plaintiff. The defendant is accountable for the damages. The complaint is the first document that you file in a personal injury case. It provides detailed details concerning the incident that led to your injuries, and the damages you seek. It also includes a “prayer for relief” that outlines what you would like the court to do. The summons and complaint must be delivered to the defendant. The defendant must respond to the complaint within specific deadlines and either admit or deny all the allegations in the complaint. The defendant can also bring a counterclaim against plaintiff or bring in another defendant as third-party defendant. A successful personal injury lawsuit depends on solid evidence, including medical documents and testimony from witnesses. We work closely with our clients to collect the relevant information and incorporate it in the case. The evidence will also assist us negotiate with the defendant's attorneys or insurance representatives to get the best settlement offer possible. 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 from your accident, and that those injuries warrant financial compensation. It's a long process, but it is at the trial that you will find out if you receive the damages you are entitled to. In the case of a trial before jurors your lawyer will argue that the defendant is at responsibility and the need to compensate you for your losses. The defendant will present evidence to show that their actions are not connected to the accident. This will stop the defendant from paying for your losses. Before you can proceed to trial, you must attend a preliminaries conference. This is the first time your case will be subject to deadlines imposed by a court. This is also when your attorney will discuss the case 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 under the New York's Differentiated Case Management Rule, or otherwise exempted from the Rules, all parties are required to be present in person. If, however, a person is unable to attend in person they can participate via telephone or on the internet with the permission of the convenor. If your case is to be part of the Differentiated Case Management program, the preliminary conference will be a chance 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 be given between twenty and thirty days (although this deadline is able to be extended by the court). After the Answer is filed, the case moves into what is called the discovery phase. During this time both sides exchange information in the form of written demand for discovery and depositions. The lawyer for the plaintiff prepares a Bill of Particulars at the end of discovery. The document is a legal declaration of claims and the relief sought – typically 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 look over the Bill of Particulars before it can be complied with. Generally, the court will only comply with a Bill of Particulars that is not overbroad or vague. A Bill of Particulars must only include the specific acts of neglect that are being claimed and must not include new claims. For instance in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. In 1994, the court upheld a motion to strike references to intentional or willful acts in a medical negligence case. The court will not allow a new doctrine to be added at any point in the case that is unreasonably late. To avoid causing prejudice, an amendment made late to the Bill of Particulars must be supported by an affidavit that gives a reasonable explanation of the tardiness of the amendment. Physical Examination If a defense attorney, or an insurance company demands that you attend an Independent Medical Examination (IME) Your first reaction could be to wonder why a doctor who does not know you and your medical history and the details of your injury is required to conduct an examination. But, this type of examination is actually required under Washington law, and can be helpful in your case. Typically, Elizabeth injury attorney are conducted by doctors medical who are hired by the defendant's insurance company and their aim is to offer an alternative perspective on your injuries. These doctors, who are sometimes referred to as “independent”, have their own agendas and financial interests in reducing the amount of compensation that can be paid to victims. Your Orange County personal injury attorney will ensure that you are aware of what you can expect from an IME and will provide a copy to the doctor of all pertinent medical records. Your lawyer will be present during the IME to ensure that the questions asked by the doctor are in line with your medical records. It is not advisable to downplay or exaggerate the severity of your injury to the doctors. They are trained to detect fraud, and may utilize this information in court.