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What is a Personal Injury Lawsuit? You could be entitled to compensation if were injured as a result of the actions or inactions of a third party. To learn more about your legal rights get in touch with a seasoned personal injury lawyer. A personal injury lawsuit is a civil matter where the plaintiff is seeking money to cover their losses, which include medical bills, lost wages property damage, and other costs. The process can take several months to several years. Damages A personal injury lawsuit is a process to force another person or entity to pay money for damages related to an accident. The plaintiff is the victim and the defendants are the parties responsible. Personal injury cases may include wrongful death claims when someone dies due to the negligence or wrongdoing of others. Damages are usually divided into two categories: compensatory and punitive. Compensation damages are based on medical bills as well as pain and loss compensation and other out-of pocket expenses. Punitive damages, which are rare and are designed to punish the perpetrator if they have committed extreme crimes. The first category of damages is often called “economic damages.” This includes any out-of-pocket costs resulting from the accident and injuries. This could include doctor's fees, hospital costs and physical therapy expenses. Certain claims could also include additional expenses, such as the cost of travel to and from appointments, or the need to modify your home to accommodate a permanent disability. Non-economic damages are commonly called “pain and suffering” damages. These are more difficult to quantify and involve the emotional distress, mental anxiety and suffering that accidents can cause. Your lawyer will assist you to evaluate these damages based upon the extent of your injury. This could be based on your capacity to participate in activities that you were previously able to enjoy or your loss of connection with family members. Statute of Limitations In a legal rule known as the statute of limitations, anyone who suffers an injury in an accident must bring a lawsuit within a certain time frame or else their claim will be rejected by the courts. This is done to prevent evidence from being forgotten or lost, and also to stop individuals from dragging litigation relating to incidents out for an indefinite period. The exact length of time for filing a claim is different from state to state but personal injury claims typically have a two-to four-year time limit. There are certain exceptions to the period for filing an injury claim. If you need help to determine if your claim falls within one of these exceptions, then it is recommended to seek legal advice. The statute of limitations is only applicable to lawsuits that are filed in court. Many cases of injury are resolved through the process of filing an insurance claim and do not require a formal lawsuit filing. But, it's important to allow yourself plenty of time to file a lawsuit just in case insurance negotiations fail to go as planned or an issue arises that can't be resolved through the insurance system. Certain circumstances can stop the clock on the statute of limitations, however they are not common and have to be assessed on a case-by case basis. The statute of limitation may not be established until the victim discovers or should have known that the injury resulted from someone else's negligence. In some states, like New York, it is different for claims made 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 a duty of care, that this breach caused harm and losses to the plaintiff, and that the defendant is accountable for the damages. The first document filed in a personal injury lawsuit is called the complaint. It includes specific allegations regarding the incident that caused your injuries. It also outlines the damages you are seeking. You Tube contains a “prayer for relief” that describes what you would like the court to do. The complaint must be served to the defendant with a summons which is a notification that they are being sued. The defendant must respond to the complaint within a set of deadlines and either admit or deny all the allegations made in the complaint. The defendant may also file a counterclaim, or add another defendant to the case by naming a third party defendant. A successful personal injury lawsuit relies on solid evidence, including medical documents and testimony from witnesses. We collaborate closely with our clients to ensure that all relevant information is collected and included in the case. The evidence can also help us negotiate with the attorney for the defendant 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 be able to prove that you sustained injuries as a result of your accident, and that your injuries are a valid reason for financial compensation. It's not an easy process, but it is at the trial that you will find out if you get the compensation you deserve. In a jury trial your lawyer will argue that the defendant is accountable and has to pay for your losses. The defendant will argue that their actions are not related to the accident, which will keep them from having to pay you for your losses. You must attend a pre-trial conference prior to proceeding with the trial. This is the first time your case has deadlines set by a court. This is also the time when your attorney will discuss the case with the defense. Preliminary conferences are usually conducted by a judicial register or a member of the court's staff. Unless the case is being handled by New York's Differentiated Case Management Rule, or if it is exempted from the Rules, all participants are required to attend in person. However, if a party cannot attend in person, they are able to participate via phone or internet with the permission of the convenor. If your case is going to be part of the Differentiated Case Management program, the preliminary conference will provide an opportunity to determine whether your case falls within one of the three classifications that are expedited, standard, or complex. Bill of Particulars After a summons or complaint are filed, the defendants named in the lawsuit have twenty or thirty days to file an Answer (although this time frame can be extended with the court's approval). Once the Answer is filed, the case is moved to what is called the discovery phase. During this time both sides exchange information in the form of written demands for discovery and depositions. Following the conclusion of discovery 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 an award of money damages. The Bill of Particulars is meant to inform the defendant of the specific legal claims being made, so that they can prepare for trial. The court must look over a Bill of Particulars before it is allowed to be enforced. Generally, the court will only accept a Bill of Particulars that is not vague or overly broad. A Bill of Particulars must only include the specific acts of neglect that are being claimed, and not add any new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ), for example, was a case where the court concluded 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 malpractice claim. The court will also not permit a new theory to be added at an stage in the litigation that is unreasonable late. To avoid causing prejudice, an amendment made late to a Bill of Particulars must be supported by an affidavit which gives a reasonable explanation for the lateness of this amendment. Physical Examination When a defense attorney or insurance company asks you to attend an Independent Medical Examination (IME) Your first reaction could be to wonder the reason a doctor who may not know you or your medical history and the details of your incident is requested to conduct an exam. This type of exam is required by Washington law, can be beneficial to your case. IMEs are typically conducted by doctors employed by the defendant’s insurance company. Their aim is to offer a different perspective on your injuries. These physicians, who are often referred to as “independent” and have their own goals and financial interests in reducing the amount of compensation which is paid to victims. Your Orange County personal injury attorney will ensure that you understand what to expect from an IME and will give an IME doctor with a copy 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 injuries to these doctors. They are trained to spot fraudulent behavior, and can make use of this information in a trial.