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What is a Personal Injury Lawsuit? If you've been hurt due to another's actions or inactions, you may be eligible for compensation. Contact a knowledgeable personal injury attorney to learn more about your rights. A personal injury lawsuit is a civil dispute where the plaintiff is seeking compensation for their losses, including medical expenses, lost wages, property damage, and other costs. The process can last from a few months to a few years. Damages A personal injury lawsuit is a legal proceeding that is used to compel another person, or entity to pay you compensation for damages caused by an accident. The party who suffered the injury is known as the plaintiff while the parties accountable are known as defendants. Personal injury cases can include cases of wrongful death when someone dies due to negligence or wrongdoing of others. Damages are usually classified into two categories: punitive and compensatory. Compensation damages are based on medical bills as well as pain and suffering compensation, and other out-of-pocket expenses. Punitive damages are rare and are designed to punish the perpetrator for their extreme behavior. This category includes all expenses incurred as a result of the injury or accident. These may include hospital expenses, doctor's fees and physical therapy costs. Some claims could also cover additional costs, like transportation costs to and from appointments or modifications to your home to accommodate a permanent disability. Non-economic damages can also be referred to by the term “pain and suffer” damages. These are more difficult to quantify and include the emotional distress, mental anxiety and suffering that an accident can cause. Depending on the extent of your injuries, your lawyer can help you place a value on these damages. This might be based on the ability to continue enjoying the activities you used to do or the loss of your relationship with family members. Statute of Limitations A legal requirement, known as the statute of limitations, any person who suffers an injury in an accident must make a claim within a specified time or else their claim will be rejected by the courts. This is to protect 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 duration of the time limit differs from one state another, but most personal injury lawsuits have a time frame of between two and four years. There are certain exceptions to the time period for filing an injury claim. If you require assistance in determining whether your case falls within one of these exceptions, then it is recommended to seek legal advice. One of the most important aspects of the statute of limitations is that it applies only to the filing of an action in court. Insurance claims are typically used to resolve injuries and do not require formal lawsuits. However, it is important to allow yourself enough time to file a lawsuit in the event that negotiations fail to follow the plan or there is a problem that cannot be resolved through the insurance system. Certain circumstances can stop the clock on the statute of limitations, but they are not common and have to be considered on a case by case basis. The statute of limitation may not start until the person realizes or should have realized that the injury was caused by someone else's negligence. In certain states, such as New York, it is different for claims against municipalities. Complaint A personal injury lawsuit is brought by the victim against the person who caused the injury. It claims that the defendant violated their duty of care and the breach caused damage and losses for the plaintiff. The defendant is then held responsible for these damages. The complaint is the initial document that you file in a personal injury lawsuit. It contains detailed allegations about the incident that caused your injuries, as well as the damages you want. It also includes an “prayer for relief” that describes what you want the court to do. The summons and complaint must be handed over to the defendant. The defendant must respond to the complaint within a set of deadlines and either admit or deny all the allegations in the complaint. The defendant may also bring a counterclaim against plaintiff or bring in another defendant as a third-party defendant. A successful personal injury lawsuit relies on solid evidence, including medical records and testimony from witnesses. We work 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 of the defendant or insurance representatives to get the best settlement offer possible. Preliminary Conference In a personal-injury case your lawyer must show that negligence on the part of the defendant led to your accident. You must also prove that you suffered injuries due to your accident and that the injuries you sustained are worthy of financial compensation. It's a long procedure, but it's at the trial that you will be able to determine if you receive the damages you deserve. In a trial before a jury, your lawyer will argue the defendant's responsibility and they will argue that they have to pay for your losses. The defendant will provide evidence to prove that their actions were not related to the accident. This will prevent them from paying you 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 that 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. All parties must attend the preliminary conference in person unless the case has been handled by the New York's Differentiated Case Management Rule or the Rules are exempted in other ways. If, however, a person is unable to attend in person, they are able to participate via telephone or on the internet, with the consent of the convenor. If your case is going to be a part of the Differentiated Case Management program, the preliminary conference will provide an opportunity to determine whether your case falls under one of the three categories – expedited, standard or complex. Bill of Particulars After the summons and complaint have been filed, defendants named in the lawsuit will have twenty to thirty days (although this time frame is able to be extended by the court). After the Answer is filed, the case is moved into what is called the discovery phase. In this phase both sides exchange information in the form of written demands for discovery and depositions. The plaintiff's lawyer prepares a Bill of Particulars at the end of discovery. The document details legal claims and the relief sought – typically the award of damages in cash. Plantation injury lawyers of Particulars is meant to inform the defendant of the specific legal claims that are made to help them prepare for trial. Before a Bill of Particulars can be accepted, it must be scrutinized by the court. In general, a court will only be able to abide by the Bill of Particulars if it isn't vague or overly broad. A Bill of Particulars must only include the specific acts of negligence that are being asserted and not include any new claims. For example in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. In 1994, the court affirmed a motion to strike any references to willful or intentional acts in a medical negligence case. The court will also not allow a new doctrine to be introduced at any point in the case that is unreasonable late. To avoid causing prejudice, an amendment made late to the Bill of Particulars must be supported by an affidavit, which gives a reasonable explanation of the tardiness of the amendment. Physical Examination You may question the reason why a doctor, who doesn't know you or your medical history, and isn't familiar with the details of your accident, should be required to conduct a medical exam. 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 defendant's insurance company and their goal is to offer an alternative perspective to your injuries. These doctors, who are often referred to as “independent” are able to have their own agendas and financial interests in reducing the amount of compensation that is paid to victims. If you choose to undergo an IME If you decide to undergo an IME, your Orange County personal injury lawyer will make sure that you are fully informed about what to expect and 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 examined with respect and courtesy by ensuring that doctors ' questions aren't divergent from the ones you have in your medical records. You should not downplay or exaggerate the severity of your injury to the doctors. They are trained to detect fraudulent behavior, and can make use of this information in a trial.