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What is a Personal Injury Lawsuit? You could be entitled to compensation if have suffered injuries due to the actions or inactions of someone else. To find out more about your rights under the law to pursue compensation, consult a knowledgeable personal injury lawyer. A personal injury lawsuit is civil dispute in which the plaintiff seeks compensation for their losses. This includes medical bills or lost wages, as well as property damage. The process can take anywhere from several months to a few years. Damages A personal injury lawsuit is an action to compel a person or entity to pay you compensation for the damages resulting from an accident. The plaintiff is the one who was injured and the defendants are the parties accountable. Personal injury cases can include cases of wrongful death when someone dies because of the negligence or wrongdoing of others. Damages are usually divided into two categories: compensatory and punitive. Compensatory damages include medical bills, pain and suffering compensation, and other out-of-pocket expenses. Punitive damages are rare and are designed to punish the wrongdoer for extreme conduct. The first category of damages is usually known as “economic damages.” This includes all out-of-pocket expenses associated with the accident and injuries. These could include doctor's bills as well as hospital expenses and physical therapy costs. In certain cases additional expenses, such as the cost of travelling to and from appointments or modifications to your home due to permanent disabilities can also be included in an insurance claim. Non-economic damage can also be called “pain and suffer” damages. These are more difficult to quantify and involve the emotional distress, mental suffering and anguish that accidents can cause. Depending on the severity of your injuries, your lawyer will help you estimate the value of these damages. This could be based on the ability to carry out the things you were previously able to do or your loss of consortium with family. Statute of limitations A legal requirement known as the statute of limitations obliges anyone injured in an accident file an action within a specified date or else their claim will be dismissed. This is done to stop evidence from being forgotten or lost, and to prevent those who delay bringing litigation related to an incident out indefinitely. The exact length of time for filing a claim differs between states, however personal injury claims generally have a two- to four-year limit. There are certain exceptions to the time period for filing claims. If you need assistance determining if your case falls under one of these exceptions, it is recommended to seek legal advice. The statute of limitations applies only to lawsuits filed in court. Insurance claims are typically used to resolve injury cases and do not require formal lawsuits. Even so, it is important to leave yourself plenty of time to pursue legal action just in case insurance negotiations do not take place as planned or if 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 not common and have to be considered on a case-by-case basis. For instance, the statute of limitations may not start to run until the victim discovers or reasonably should have discovered that their injury was caused by another person's negligent actions. In certain states, like New York, the statute of limitations is different for claims against municipalities. Complaint A personal injury lawsuit is a civil case initiated by a victim against the person or entity that caused the injury. It claims that the defendant breached the 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 filed with a personal injury lawsuit is known as the complaint, and it contains detailed allegations about the incident that led to your injuries. It also lists the damages you seek. The complaint also contains a “prayer of relief” which outlines what you would like the court to do. The summons and complaint must be handed over to the defendant. After the complaint is filed, the defendant is required to respond to the complaint within a certain time period, and they must either accept or deny the allegations in the complaint. The defendant can also file a counterclaim against the plaintiff or bring in a different defendant as a third-party defendant. A successful personal injury lawsuit is based on solid evidence, such as medical records 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 defendant's attorneys or insurance companies to negotiate the best settlement offer possible. Preliminary Conference In a personal injury lawsuit your lawyer must demonstrate that the negligence of the defendant caused your accident. You must also prove that you suffered injuries from your accident, and that your injuries are a valid reason for 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 a jury trial, your lawyer will argue that the defendant is responsible and must pay you for your losses. The defendant will provide evidence that their actions do not contribute to the accident, which will keep them from having to compensate you for your losses. Before proceeding to trial, you must attend a preliminaries conference. This is the first time your case has deadlines set by a court. This is also when your attorney will be discussing the matter with the defense. A judicial registrar, or an official of the court staff usually conducts preliminary conferences. Unless the case is handled under the New York's Differentiated Case Management Rule, or if it is exempted from the Rules the parties are required to be present in person. If a party is not able to attend in person, the convenor may permit them to participate via telephone or online. If your case is to be a part of the Differentiated Case Management program, a preliminary conference will also be a chance to determine whether your case falls under one of the three categories which are expedited, standard or complex. Bill of Particulars When a summons and complaint are filed, the defendants identified in the lawsuit are given either twenty or thirty days in which to submit an Answer (although this deadline may be extended with the court's consent). When the Answer is filed, the case is moved to what is called the discovery phase. In this period both sides exchange information in the form of written demands for discovery and depositions. After the discovery process is concluded The attorney for the plaintiff prepares what is known as a Bill of Particulars. The document is a legal declaration of claims and 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. The court must examine a Bill of Particulars before it is able to be followed. In general, the court will only accept a Bill of Particulars if it is not vague or broad. A Bill of Particulars must only include the specific acts of neglect that are being alleged and must not include new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ) for instance was a case in which the court found that the plaintiff had not been negligent. 1994) the court granted the motion to strike all references to intentional and willful actions from a medical malpractice claim. The court will not allow a new theory to be introduced at any stage in the litigation that is unreasonably late. 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 adequate explanation for the delay in the amendment. Physical Examination You may question why a doctor who doesn't know you, or your medical history and isn't familiar with the details of your accident, should be asked to conduct a medical exam. This type of exam is required under Washington law, can be beneficial to your case. IMEs are usually performed by doctors who are employed by the insurer of the defendant. They are there to provide an alternative perspective on your injuries. Although You Tube are often called “independent,” these physicians as well as insurance companies – have their own agenda and financial stake in cutting down on the amount of compensation that may be awarded to an injured victim. Your Orange County personal injury attorney will ensure that you are aware of what to expect from an IME and will provide the doctor with a copy of all relevant medical records. Your lawyer will also be present at the IME and can ensure that you are examined in a fair manner by ensuring that the doctors ' questions aren't divergent from those in your medical records. It is crucial to not play with the severity of your injuries with these doctors, as they are trained to spot the deceit and may utilize this information against you at trial.