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What is a Personal Injury Lawsuit? You could be eligible for compensation if you have suffered injuries due to the actions or inactions of a third party. To find out more about your rights under the law to pursue compensation, consult a knowledgeable personal injury lawyer. A personal injury lawsuit is a civil matter in which the plaintiff seeks compensation for their losses, including medical bills, lost wages property damage and other expenses. The process can run from a few months to several years. Damages A personal injury lawsuit is a legal process which is filed to force another individual or entity to pay you for the damages that result from an accident. The plaintiff is the victim and the defendants are the parties accountable. Personal injury cases can also include cases of wrongful death when someone dies due to negligence or wrongful actions of others. Damages are typically classified into two categories: punitive and compensatory. Compensatory damages are meant to help the victim get back on track and regain their financial security, which includes out-of-pocket expenses such as medical expenses as well as compensation for suffering and pain. Punitive damages, which are rare, are meant to punish the wrongdoer if they have committed extreme acts. The first category of damages is usually known as “economic damages.” This covers the cost of out-of-pocket expenses incurred due to the accident and injuries. These could include hospital bills medical expenses, doctor's charges and physical therapy costs. Some claims may also include additional costs, like the cost of travel to and from appointments or modifications to 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 mental and emotional stress, anguish and suffering caused by accidents. Your lawyer can 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 principle known as the statute of limitations obliges anyone injured in an accident should file an action before a specific date or else the claim will be dismissed. This is to stop evidence from being forgotten or lost, and to prevent individuals from dragging litigation relating to incidents out for an indefinite period. The exact duration of the time limit differs from one state another, but most personal injury lawsuits have a limit of between two and four years. There are certain exceptions to the to file an injury claim. If you need help determining if your case is one of these exceptions, then it is recommended to seek legal advice. The statute of limitations applies only to lawsuits filed in court. Insurance claims are usually used to resolve injuries and do not require formal lawsuits. It is nevertheless essential to allow yourself sufficient time to bring a lawsuit in the event that negotiations with insurance aren't as smooth as you had hoped, or if there is a problem which cannot be resolved through insurance. A few circumstances can pause the statute of limitations clock however, these situations are extremely 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 injuries were caused by a 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 a civil suit initiated by a victim against the person or entity who caused the injury. It claims that the defendant breached their duty of care, and that the breach caused harm and losses for the plaintiff. The defendant is then held responsible for these damages. The first document filed with a personal injury lawsuit is referred to as the complaint, and it includes specific allegations regarding the incident that caused your injuries. It also lists the damages you are seeking. The complaint also includes an “prayer of relief” that outlines 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 file an answer to the complaint within a specified timeframe, and must either accept or deny the allegations in the complaint. The defendant may also make a counterclaim against the plaintiff or bring in a different defendant as third-party defendant. A successful personal injury lawsuit is built on solid evidence, which includes medical documents and witness testimony. We collaborate closely with our clients to ensure that all relevant information is collected and included in the case. The evidence we collect can also assist us to negotiate with defense attorneys or insurance agents to get the best possible settlement offer. Preliminary Conference In a personal injury case the lawyer for you must prove that negligence on the part of the defendant led to your accident. You must also prove that you suffered injuries in your accident and that the injuries are worthy of financial compensation. It can be a lengthy process, but it's at the trial that you'll find out if you get the compensation you deserve. In the trial before jurors, your lawyer will argue the defendant's responsibility and the need to be held accountable for your losses. The defendant will argue that their actions are unrelated to the accident, which prevents them from having to compensate you for your losses. You must attend a pre-trial discussion before you can proceed with the trial. This is the first time your case has deadlines set by a judge. This is also when your lawyer will discuss the matter with the defense. A judicial registrar, also known as an individual of the court's staff, typically conducts preliminary conferences. All parties must attend the preliminary conference in person, unless the case is handled by the New York's Differentiated Case Management Rule or the Rules are otherwise exempted. If a person is unable to attend in person, the convenor can permit them to participate via phone or online. If your case will be part of the Differentiated Case Management Program, a preliminary meeting is also an opportunity to determine whether your case falls into one of three categories: expedited standard or complex. Bill of Particulars After the complaint and summons are filed, the defendants named in the lawsuit will be given between twenty and thirty days (although this deadline may be extended by the court). Once the Answer has been filed, the matter moves into what is called the discovery phase. In this period both sides exchange information in the form of written demands for discovery and depositions. The plaintiff's lawyer prepares the Bill of Particulars at the end of discovery. The document details the legal claims that are being made and the relief requested – typically an award of money damages. The Bill of Particulars is meant to inform the defendant of the specific legal claims made, so that they can prepare for trial. Before a Bill of Particulars can be followed, it must be scrutinized by the court. Generally, the court will only accept a Bill of Particulars that is not overbroad or vague. A Bill of Particulars must only include the specific acts of neglect that are being asserted and must not include new claims. For Pawtucket injury lawyers in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. 1994) The court ruled in favor of a motion to strike all references to intentional and willful acts from a medical malpractice claim. The court will not allow addition of a new theory of recovery at an unreasonably late stage in the litigation. To avoid causing prejudice a late amendment to the Bill of Particulars must be supported by an affidavit that gives a reasonable explanation of the delay of this amendment. Physical Exam When a defense attorney or insurance company requests that you take part in an Independent Medical Examination (IME) the first reaction could be to wonder the reason a doctor who may not know you, your medical history, and the details of your injury is asked to conduct an exam. This type of exam, which is required by Washington law, can be beneficial to your case. Typically, IMEs are conducted by medical doctors who are employed by the insurance company representing the defendant and their goal is to provide a different perspective to your injuries. Although they are sometimes described as “independent,” these physicians – just like the insurance companies – have their own agenda and financial motives in decreasing the amount of compensation that could be given to a victim of injury. Your Orange County personal injury attorney will make sure you know what you can expect from an IME and will provide an IME doctor with a copy of the relevant medical records. Your lawyer will be present during the IME to ensure that the questions posed by the doctor are in accordance with your medical records. It is crucial to not play with the severity of your injuries to the doctors, since they are trained to recognize the deceit and may make use of this information against you in trial.