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What is a Personal Injury Lawsuit? If you've been hurt by another person's actions or inactions, you could be able to recover 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. This includes medical expenses, lost wages and property damage. The process can take several months to a few years. Damages A personal injury lawsuit is a process 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. Personal injury cases can also include cases of wrongful death when someone dies due to the negligence or wrongdoing of others. The damages a victim suffers are usually divided into two categories which are: punitive and compensatory. Compensatory damages include medical bills, pain and suffering compensation, and other out-of-pocket expenses. Punitive damages are not common and are designed to punish the perpetrator for their extreme behavior. The first category of damages is often referred to as “economic damages.” This covers any out-of-pocket costs resulting from the accident and injuries. These could include doctor's bills, hospital costs and physical therapy costs. In some cases other expenses such as the cost of travelling to and from appointments or changes to your home due to permanent disabilities may also be included in an insurance claim. Non-economic damage can also be called “pain and suffer” damages. These damages are harder to quantify, and they include the emotional stress and mental anguish that accidents can cause. Your lawyer will help you evaluate these damages based upon the severity of your injuries. This may be based on your ability to do things you did before or your loss of consortium with family. Statute of Limitations A legal requirement known as the statute of limitation requires that anyone who is injured in an accident file an action within a specified date or else their claim will be dismissed. Newton injury lawsuits is done to prevent evidence from being lost or lost, and to prevent people from dragging incident-related litigation out for an indefinite period. The exact length of time for filing a claim varies from state to state but personal injury claims typically have a two- to four-year limit. However, there are exceptions that can prolong the time required for a victim to make a claim, and they should seek legal advice for help to determine if your case falls under one of the exceptions. The statute of limitations only applies to lawsuits that are filed in the court. Insurance claims are often used to settle injury cases and do not require formal lawsuits. But, it's crucial to give yourself enough time to file a lawsuit in the event that insurance negotiations don't go as planned or an issue arises that cannot be addressed by the insurance system. Certain circumstances can stop the statute of limitations clock however, these situations are extremely rare and need to be analyzed on an individual basis. The statute of limitations might not be established until the victim realizes or should have realized that the injury was caused by another's negligence. In some states, like New York, it is different for claims against municipalities. Complaint A personal injury lawsuit is a civil case brought by an injured person against the person or entity that caused the injury. It claims that the defendant violated the duty of care, that this breach caused harm and losses to the plaintiff, and that the defendant is liable for those damages. The complaint is the primary document filed in a personal injury lawsuit. It contains detailed allegations concerning the incident that caused your injuries as well as the damages you are seeking. The complaint also includes a “prayer of relief” that outlines what you would like the court to do. The summons and complaint should be handed over to the defendant. After the complaint is filed, the defendant must respond to the complaint within a specified time frame, and will either admit or deny the allegations made in the complaint. The defendant may also bring a counterclaim against plaintiff or bring in another defendant as third-party defendant. A successful personal injury lawsuit is based on solid evidence, including medical documents and witness testimony. We work closely with our clients to ensure that all relevant information is collected and included in the case. The evidence we gather will also help us to negotiate with defense attorneys or insurance companies to obtain the best settlement offer. Preliminary Conference In a personal injury lawsuit, your attorney must prove that the negligence of the defendant caused your accident. You must be able to prove that you sustained injuries from your accident, and that the injuries you sustained are worthy of financial compensation. This can be a long process however, the trial is where you can finally determine whether you'll get the damages you're entitled to. In a jury trial your lawyer will argue that the defendant is liable and must pay you for the losses you suffered. The defendant will provide evidence to show that their actions were not related to the accident. This will stop the defendant from paying for your losses. Before proceeding to trial, you must attend a preliminary conference. This is the first time your case has deadlines set by a court. It is also the time when your attorney will discuss the case with the defense. Preliminary meetings are usually held by a judicial registrar, or a member of the court's staff. Unless the case is being handled by New York's Differentiated Case Management Rule, or otherwise exempted from the Rules All parties are required to be present in person. However, if a party is unable to attend in person they can participate via phone or internet, with the consent of the convenor. If your case is part of the Differentiated Case Management Program, an initial meeting also provides an opportunity to determine whether your case falls within one of three categories namely complicated or expedited standard. Bill of Particulars When a summons and complaint are filed, the defendants who are named in the lawsuit have the option of having twenty or thirty days to respond (although this deadline can be extended if the court gives consent). After the Answer has been filed, the matter moves into what is called the discovery phase. During this stage, both parties exchange information through written discovery demands and depositions. After the discovery process is concluded The attorney for the plaintiff prepares what is called a Bill of Particulars. The document is a legal declaration of claims and the relief sought – typically 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. Before a Bill of Particulars can be accepted, it must be examined by the court. In general, courts will only abide by a Bill of Particulars that 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. For example, in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. 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 allow introduction of a new theory of recovery at an unreasonable late stage in the litigation. In order to avoid resultant adverse consequences, a late amendment to the Bill of Particulars should only be permitted if supported by an affidavit stating an acceptable explanation for the delay in the amendment. Physical Examination You might be wondering the reason why a doctor, who isn't familiar with you or your medical history and isn't familiar with the specifics of your incident, would be required to conduct a medical examination. 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 aim to offer an alternative perspective to your injuries. These physicians, who are sometimes referred to as “independent” and have their own agendas and financial interests in reducing the amount of compensation which is paid to victims. Your Orange County personal injury attorney will ensure that you are aware of what to expect from an IME and will give an IME doctor with a copy of all relevant medical records. Your lawyer will be present during the IME to make sure that the questions asked by the doctor are in line with your medical records. Do not underplay or exaggerate the severity of your injury to these doctors. They are trained to spot dishonesty, and could utilize this information in court.