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What is a Personal Injury Lawsuit? If you have been injured due to another's actions or inactions, you may be entitled to compensation. Contact a seasoned personal injury lawyer to find out more about your rights. A personal injury lawsuit is a civil dispute in which the plaintiff seeks compensation for their losses, including medical bills, lost wages, damages to property and other expenses. The process can take anywhere between a few months and several years. Damages A personal injury lawsuit is an action to compel another person or entity to pay you money for damages related to an accident. The person who is injured is referred to as the plaintiff while the parties responsible are referred to as defendants. If someone dies as a result of the inattention or negligence of others In wrongful deaths, the case are often included in personal injury claims. Damages are usually divided into two categories: compensatory and punitive. Compensatory damages are intended to help the victim get back on track and regain their financial security, which includes out-of-pocket expenses such as medical bills as well as compensation for suffering and pain. Punitive damages, which are very rare, are meant to punish the wrongdoer if they have committed extreme actions. The first type of damages is typically called “economic damages.” This is the term used to describe all out-of-pocket expenses associated with the accident and injuries. This could include doctor's fees, hospital costs and physical therapy costs. Certain claims could also include additional expenses, such as the cost of travel to and from appointments, or home modifications to accommodate a disability that is permanent. Non-economic damages are often referred to as “pain and suffering” damages. These damages are difficult to quantify, and they include the emotional stress and mental anguish caused by accidents. Depending on the severity of your injuries your lawyer will help you determine the value of the damages. This might be based on your ability to enjoy activities you used to do or your loss of consortium with family members. Statute of Limitations A legal rule known as the statute of limitations obliges anyone injured in an accident should file an action within a specified date or else their claim will be dismissed. This is to stop evidence from being forgotten or lost, and also to stop people from dragging incident-related litigation out for a long time. The exact time frame differs between states, however, personal injury claims typically have a two-to four-year time limit. However, there are exceptions that may extend the time required for a victim to make a claim, and they should seek legal advice when to determine if their case falls into one of the exceptions. One of the most important aspects of the statute of limitations is that it applies only to the filing of a lawsuit in court. Insurance claims are typically used to resolve injury cases and do not require formal lawsuits. But, it's important to leave yourself plenty of time to take legal action in the event that insurance negotiations fail to follow the plan or there is a problem that cannot be resolved through the insurance system. Some circumstances can pause the clock on the statute of limitations, but they are extremely rare and have to be considered on a case by case basis. For example the statute of limitations might not begin to run until the victim discovers or reasonably should have discovered that their injury was caused by another person'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 brought by a victim against the person who caused the injury. The plaintiff claims that the defendant breached a duty of care, that this breach caused harm and loss to the plaintiff, and that the defendant is accountable for the losses. The complaint is the primary document that is filed in a personal injury lawsuit. It provides detailed details about the incident that led to your injuries and the damages you want. It also contains an “prayer for relief” that describes what you want the court to do. The complaint and summons must be given to the defendant. The defendant must respond to the complaint within specific deadlines and either admit or deny the allegations in the complaint. The defendant can also bring a counterclaim against plaintiff or bring in a different defendant as a third-party defendant. A successful personal injury lawsuit relies on solid evidence such as medical records and testimony from witnesses. We work 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 defendant's attorneys or insurance representatives to get the best settlement offer possible. Preliminary Conference In a personal injury case, your lawyer must prove that negligence on the part of the defendant led to your accident. You must also prove that you suffered injuries due to your accident and that your injuries are a valid reason for financial compensation. This can be a long process, but the trial is where you can finally determine whether you'll be awarded the damages you're entitled to. In the trial before the jury, your lawyer will argue that the defendant is at responsibility and the need to pay for your losses. The defendant will provide evidence to show that their actions were unrelated to the accident. This will stop the defendant from paying for your losses. You must attend a pre-trial discussion before proceeding with the trial. This is often the first time that your case will be subject to deadlines set by the Court itself. It is also the time that your attorney will discuss the case with the defense. A judicial registrar, or a member of the court staff usually conducts preliminary conferences. All parties must attend the initial conference in person unless the case has been handled under the New York's Differentiated Case Management Rule or the Rules are exempted in other ways. If a party is not able to attend in person, the convenor is able to allow them to participate by phone or via the internet. If your case is part of the Differentiated Case Management Program, an initial meeting also provides an opportunity to determine if your case falls within one of three categories: complicated or expedited standard. Bill of Particulars When a summons and complaint are filed, the defendants named in the lawsuit have twenty or thirty days to respond (although this time frame can be extended with the court's approval). After the Answer is filed, the case moves into what is known as the discovery phase. During this phase, both parties exchange information through written demands for discovery and depositions. The plaintiff's lawyer prepares the Bill of Particulars at the conclusion of the discovery. The document details the legal claims being made as well as the relief sought – usually the award of damages in cash. The Bill of Particulars is meant to inform the defendant of the specific legal claims made, so that they can prepare for trial. Before a Bill of Particulars can be accepted, it must be scrutinized by the court. Generally, 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 claimed and should not contain new claims. Linker v. Roseville injury attorneys .D.2d (527 (2nd Dept. ) for instance was a case where the court concluded that the plaintiff was not negligent. 1994) the court granted the motion to strike references to intentional and willful acts from a medical negligence claim. In the same way, the court will not allow the addition of a new theory of recovery at a disproportionately late stage in the litigation. To avoid prejudice, a belated amendment to a Bill of Particulars should only be allowed if accompanied by an affidavit stating an acceptable explanation for the delay in the amendment. Physical Examination It is possible to ask why a doctor who doesn't know you, or your medical history, and isn't familiar with the details of your incident, would be asked to conduct a medical exam. But, this type of exam is actually a requirement under Washington law, and could be beneficial to your case. IMEs are typically conducted by doctors employed by the insurer of the defendant. Their aim is to provide an alternative view of your injuries. Although they are sometimes described as “independent,” these physicians, just like insurance companies have their own agendas and financial interest in cutting down on the amount of compensation that could be granted to a victim who has been injured. If you choose to undergo an IME the Orange County personal injury lawyer will make sure that you are aware of what to expect and will provide a copy of all relevant medical records for the doctor to examine. Your lawyer will be present during the IME to ensure that the questions asked by the doctor are in accordance with your medical records. It is essential to avoid playing with the severity of your injuries to these doctors, as they are trained to spot dishonesty and may utilize this information against you at trial.