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What is a Personal Injury Lawsuit? You could be entitled to compensation if have been injured due to the actions or inactions of someone else. Contact an experienced 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 loss. This includes medical bills or lost wages, as well as property damage. The process can last between a few months and several years. Damages A personal injury lawsuit is an action to force another person or entity to pay compensation for the damage caused by an accident. The injured party is known as the plaintiff and the parties accountable are known as defendants. If someone dies as a result of negligence or wrongdoing by others In wrongful deaths, the case may be part of personal injury lawsuits. The damages a victim suffers are usually broken down into two groups that are punitive and compensatory. Compensatory damages include medical bills as well as pain and loss compensation and other out-of pocket expenses. Punitive damages, which are not common, are meant to punish the wrongdoer if they have committed extreme crimes. This category covers all expenses incurred as a result of the injury or accident. These could include doctor's bills or hospital costs, as well as physical therapy costs. In certain cases other expenses such as the cost of travel to and from appointments, or modifications to your home to accommodate permanent disabilities may also be included in an insurance claim. Non-economic damages are often referred to as “pain and suffering” damages. These are more difficult to quantify and are a result of the emotional distress, mental suffering and anguish that accidents can cause. Depending on the extent of your injuries, your lawyer will assist you to estimate the value of the damages. This could be based on the ability to do things you were previously able to do or your loss in consortium with family. Statute of limitations A legal rule known as the statute of limitations obliges anyone injured in an accident file a lawsuit before a certain date or the claim will be dismissed. This is to prevent evidence from being lost or lost in the shuffle and to stop people from drag out litigation related to an incident for a long time. The exact time limit is different from one state to another, but the majority of personal injury claims have a limit of between two and four years. However, there are exceptions that can extend the time that a victim must submit their claim. They should seek legal advice when determining whether or not your case falls under one of the exceptions. One of the main facets of the statute of limitations is that it is only applicable to the filing of an action in court. A majority of injuries cases are resolved through the insurance claim process and do not require a formal lawsuit filing. But, it's important to leave yourself enough time to pursue legal action in the event that negotiations don't take place as planned or if there is a problem that cannot be addressed by the insurance system. Certain circumstances can stop the clock on the statute of limitations, but they are rare and need to be evaluated on a case-by case basis. The statute of limitations might not start until the person is aware or should have known that the injury was caused by someone else's negligence. In some states, like New York, it is different for claims that are made 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 asserts that the defendant violated their duty of care, and that this breach resulted in loss and harm to the plaintiff. The defendant is accountable for the damages. The complaint is the primary document filed in a personal injury case. It contains detailed allegations concerning the incident that led to your injuries, as well as the damages you seek. The complaint also includes a “prayer of relief” which describes what you want the court to do. The summons and complaint must be given to the defendant. After the complaint is filed, the defendant is required to submit an answer to the complaint within a specific time frame, and must either accept 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, including medical documents and testimony from witnesses. We work closely with our clients to ensure that all relevant information is gathered and included in the case. The evidence can also help us negotiate with the attorney of the defendant or insurance companies to negotiate the best settlement possible. Preliminary Conference In a personal injury lawsuit, your attorney must prove that the negligence of the defendant led to your accident. You must be able to prove that you sustained injuries due to your accident and that your injuries are a valid reason for financial compensation. This could be a long process however, the trial is when you can finally determine whether you'll get the damages you deserve. In a jury trial your lawyer will argue that the defendant is responsible and must pay you for the losses you suffered. The defendant will provide evidence that their actions do not contribute to the accident, which prevents them from having to reimburse you for your losses. You must attend a pre-trial discussion prior to proceeding with the trial. This is often the first time that your case will have deadlines that are set by the Court itself. This is also the time when your attorney will be discussing the matter with the defense. Preliminary meetings are usually held by a judicial registrar, or an individual from the court's staff. All parties must attend the preliminary conference in person, unless the case is handled under New York's Differentiated Case Management Rule or the Rules are otherwise exempted. If a party is unable to attend in person, the convenor may permit them to participate via phone or via the internet. If your case will be part of the Differentiated Case Management Program, the initial meeting provides an opportunity to determine whether your case falls into one of three categories: complicated or expedited standard. Bill of Particulars When a summons and complaint are filed, the defendants who are named in the lawsuit have twenty or thirty days to file an Answer (although this deadline may be extended with the court's consent). After the Answer is filed, the case is moved into the discovery phase. In this phase both sides exchange information in the form of written discovery demands and depositions. After the discovery process is concluded the attorney representing the plaintiff drafts what is known as a Bill of Particulars. This document outlines legal 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 that are made so that they can prepare for trial. The court must look over a Bill of Particulars before it is able to be followed. Generally speaking, the court will only accept a Bill of Particulars that is not vague or overly broad. A Bill of Particulars should be limited to the specific acts of negligence being claimed and should not add new claims. For example in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. In 1994, the court affirmed the motion to strike all references to intentional or willful actions in a medical malpractice case. The court will also not permit a new theory to be added at a stage in the litigation that is unreasonablely late. To avoid causing prejudice any late amendment to a Bill of Particulars must be supported by an affidavit, which provides a reasonable explanation for the lateness of this amendment. Physical Examination You may question the reason why a doctor, who isn't familiar with you or your medical history and isn't familiar with the details of your incident, would be required to conduct a medical exam. This type of exam is required under Washington law, could be beneficial to your case. Typically, IMEs are conducted by doctors medical who are hired by the insurance company of the defendant and aim to provide a different view of your injuries. While New Haven injury lawsuit are sometimes referred to as “independent,” these physicians, just like insurance companies – have their own agenda and financial stake in reducing the amount of compensation that could be awarded to an injured victim. If you choose to undergo an IME the 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 review. Your lawyer will also be present at the IME and will make sure that you are being treated in a fair manner by ensuring that the questions of the doctor do not diverge from the ones in your medical records. It is not advisable to downplay or exaggerate the severity of your injuries to these doctors. They are trained to spot fraudulent behavior, and can utilize this information in court.