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What is a Personal Injury Lawsuit? You may be entitled to compensation if you have been injured due to the actions or inactions of a third party. To find out more about your legal rights to pursue compensation, consult a knowledgeable personal injury lawyer. A personal injury lawsuit is a civil litigation where the plaintiff seeks compensation for their loss. This includes medical expenses as well as lost wages and property damage. The process can last from several months to several years. Damages A personal injury lawsuit is a legal action which is filed to force another person or entity to compensate you for damages resulting from an accident. The person who is injured is referred to as the plaintiff and the parties responsible are referred to as defendants. Personal injury cases may include the wrongful death of a person who dies due to the negligence or wrongful actions of others. A victim's damages are typically divided into two categories which are: punitive and compensatory. Compensation damages can include medical bills as well as pain and suffering compensation, and other out-of-pocket expenses. Punitive damages, which are rare and are designed to punish the perpetrator if they have committed extreme actions. This category covers all costs caused by the accident or injury. These could include doctor's bills or hospital costs, as well as physical therapy expenses. Certain claims could also include additional costs, like transportation costs to and from appointments, or modifications to your home to accommodate a permanent disability. Non-economic damages can also be called “pain and suffer” damages. They are more difficult to quantify and are a result of the emotional distress, mental anguish and suffering that an accident can cause. Your lawyer can help you evaluate these damages based upon the extent of your injury. 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, anyone who suffers injury as a result of an accident must make a claim within a specific time period 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 time frame for filing a claim differs from one state another, but most personal injury lawsuits have a limit of two to four years. However there are exceptions that can prolong the time required for a victim to file their claim and they should seek legal advice for assistance in to determine whether or not their case falls into one of the exceptions. The statute of limitations is only applicable to lawsuits that are filed in court. Many injury cases are resolved through the process of claiming insurance and do not require a formal lawsuit filing. It is still important to give yourself enough time to file a lawsuit in the event that negotiations with insurance do not go as planned or if there is a problem that cannot be resolved with insurance. Certain circumstances may stop the clock on the statute of limitations, however they are rare and need to be evaluated on a case by case basis. For instance the statute of limitations might not begin to run until the victim discovers or should have reasonably discovered that their injury was caused by someone else's negligent actions. 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. It claims that the defendant violated their duty of care and that this breach resulted in loss and harm to the plaintiff. The defendant is then accountable for the damages. The complaint is the primary document filed in a personal injury lawsuit. It provides detailed details about the incident that led to your injuries, as well as the damages you seek. The complaint also includes a “prayer of relief” that outlines what you want the court to do. The summons and complaint should be handed over to the defendant. After the complaint is filed, the defendant must submit an answer to the complaint within a specified time frame, and may either deny or admit the allegations made 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 is built on solid evidence, which includes medical documents and witness testimony. We work closely together with our clients to gather all relevant information and then include it in the case. The evidence will also help us negotiate with the defendant's attorneys or insurance companies to negotiate the best settlement possible. Preliminary Conference In a personal injury lawsuit your lawyer must demonstrate that the negligence of the defendant led to your accident. You must also prove that you suffered injuries due to your accident and that the injuries you sustained are worthy of financial compensation. It can be a lengthy process, but it is at the trial that you'll find out if you get the compensation you are entitled to. In a trial before the jury your lawyer will argue that the defendant is at responsibility and they will argue that they have to pay for your losses. The defendant will argue that their actions do not contribute to the accident, which will keep them from having to reimburse you for your losses. Before you can proceed to trial, you must attend a preliminary conference. This is the first time your case has deadlines set by a court. This is also the time that 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. All parties must attend the initial conference in person, unless the case is handled by New York's Differentiated Case Management Rule or the Rules are otherwise exempted. If, however, a person is unable to attend in person they can participate via telephone or on the internet, with the consent of the convenor. If your case is part of the Differentiated Case Management Program, the initial meeting provides an opportunity to determine whether your case falls into one of three categories – advanced 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 deadline is able to be extended by the court). After the Answer is filed, the case moves into what is known as the discovery phase. During this phase the parties exchange information through written demands for discovery and depositions. The lawyer of the plaintiff drafts a Bill of Particulars at the end of the discovery. just click the next article provides the legal claims that are being made and the relief requested – typically 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. The court must review a Bill of Particulars before it can be complied with. Generally, the court will only comply with a Bill of Particulars that is not vague or broad. A Bill of Particulars should be limited to the specific negligence that is being claimed and should not contain new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ) for instance was a case in which the court ruled that the plaintiff had not been negligent. 1994) The court ruled in favor of the motion to strike references to intentional and willful acts from a medical negligence claim. The court will not permit a new theory to be introduced at a point in the action that is unreasonably late. To avoid prejudice, a belated amendment to a Bill of Particulars should only be permitted if supported by an affidavit offering an adequate explanation for the lateness of the amendment. Physical Exam You may question why a doctor, who doesn't know you, or your medical history, and isn't familiar with the specifics of your accident, should be required to conduct a medical exam. This type of examination is required under Washington law, can be beneficial to your case. Typically, IMEs are conducted by doctors medical who are hired by the insurance company of the defendant and their goal is to offer a different view of your injuries. These doctors, who are sometimes referred to as “independent” and have their own agendas and financial interests in reducing the compensation that can be paid to victims. Your Orange County personal injury attorney will make sure you know 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 examined in a fair manner by ensuring that the doctors questions do not deviate from those in your medical records. It is important to avoid playing with the severity of your injuries with the doctors, since they are trained to recognize dishonesty and may use this information against you in trial.