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What is a Personal Injury Lawsuit? If you have been injured due to another's actions or inactions, you may be able to recover compensation. To find out more about your rights under the law to pursue compensation, consult a knowledgeable personal injury lawyer. A personal injury lawsuit is civil litigant where the plaintiff seeks compensation for their loss. This includes medical bills or lost wages, as well as property damage. The process can take anywhere from several months to several years. Damages A personal injury lawsuit is a legal action that is taken to force another person or entity, to pay you compensation for damages caused by an accident. The plaintiff is the injured party and the defendants are the ones responsible. If someone dies as the result of negligence or wrongdoing by others In wrongful deaths, the case can be included in personal injury claims. The damages a victim suffers are usually divided into two categories which are: punitive and compensatory. Compensation damages are designed to help the victim get back on track and regain their financial security, which includes out-of-pocket expenses like medical bills as well as compensation for pain and suffering. Punitive damages, which are very rare and are designed to punish the wrongdoer if they have committed extreme crimes. The first category of damages is typically known as “economic damages.” This is the term used to describe all out-of-pocket expenses associated with the accident and injuries. These could include doctor's bills, hospital costs and physical therapy costs. 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 damage can also be called “pain and suffer” damages. These damages are more difficult to quantify and comprise the emotional distress and mental anguish that accidents can cause. Your lawyer will help you determine the value of these damages based on the severity of your injuries. This might be based on your ability to enjoy activities you used to do or the loss of your relationship with family members. Statute of limitations Under a legal rule called the statute of limitations, anyone who suffers injury as a result of an accident must bring a lawsuit within a specified time or else their claim will be rejected by the courts. This is to protect evidence from being lost or forgotten and to stop people from drag out incident-related litigation indefinitely. The exact time frame varies from state to state but personal injury claims typically have a two- to four-year limitation. However, there are exceptions that may extend the amount of time that a victim must submit their claim. They should seek legal advice for help to determine if their case falls into one of the exceptions. The statute of limitations only applies to lawsuits that are filed in the court. A majority of injuries cases are resolved through the process of filing an insurance claim and do not require a formal lawsuit filing. But, it's crucial to give yourself plenty of time to pursue legal action just in case insurance negotiations do not take place as planned or if an issue arises that cannot be resolved through the insurance system. Certain circumstances may stop the clock on the statute of limitations, but they are extremely rare and have to be considered on a case-by-case basis. The statute of limitations may not begin until the victim 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 brought by a victim against the person who caused the injury. The plaintiff claims that the defendant breached 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 filed in a personal injury lawsuit. It contains detailed allegations about the incident that led to your injuries as well as the damages you are seeking. The complaint also includes an “prayer of relief” that outlines what you would like the court to do. The summons and complaint must be delivered to the defendant. The defendant must respond to the complaint within specific time frames and either accept or deny all the allegations made in the complaint. The defendant may also file a counterclaim or add another defendant to the case as third party defendant. A successful personal injury lawsuit is based 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 will also assist us negotiate with the defendant's attorneys or insurance companies to negotiate the most favorable settlement offer. Preliminary Conference In a personal-injury lawsuit, your lawyer must prove that negligence on the part of the defendant led to your accident. You must also prove that you suffered injuries as a result of your accident, and that those injuries warrant financial compensation. This can be a long process however, the trial is when you will be able to determine if you'll receive the compensation you're entitled to. In a jury trial, your lawyer will argue that the defendant is liable and has to pay for the losses you suffered. The defendant will provide evidence to show that their actions were not related to the accident. This will stop them from settling your losses. Before you can proceed to trial you must attend a preliminaries conference. This is the first time that your case has deadlines set by a judge. It is also the time that your lawyer will discuss the case with the defense. Preliminary conferences are usually conducted by a judicial registrar, or an individual from the court's staff. Unless the case is being handled under New York's Differentiated Case Management Rule, or is otherwise exempt from the Rules the participants are required to attend in person. If a party is unable to attend in person, the convenor can permit them to attend via phone or online. If your case is part of the Differentiated Case Management Program, an initial meeting also provides an opportunity to determine whether your case falls under one of three categories namely advanced standard or complex. Bill of Particulars When a summons and complaint are filed, the defendant parties named in the lawsuit have twenty or thirty days to submit an Answer (although this time frame can be extended with the court's approval). Once the Answer has been filed, the case moves into what is called the discovery phase. In this phase the parties exchange information in the form of written demands for discovery and depositions. Following the conclusion of discovery, the plaintiff's attorney prepares what is known as a Bill of Particulars. This document provides the legal claims being made as well as the relief sought – usually an award of money damages. The Bill of Particulars is meant to inform the defendant of the specific legal claims that are made to help them prepare for trial. The court must examine the Bill of Particulars before it is able to be followed. In general, a court will only abide by a Bill of Particulars if it is not vague or overbroad. 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 in which the court found that the plaintiff had not been negligent. In 1994, the court upheld the motion to strike out any references to willful or intentional acts in a medical negligence case. The court will also not permit a new theory to be added at a point in the case 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 of the tardiness of the amendment. Physical Exam It is possible to ask the reason why a doctor, who doesn't know you or your medical history and is unfamiliar with the details of your incident, would be required to conduct a medical exam. This type of exam is required under Washington law, can be beneficial to your case. Typically, IMEs are conducted by medical doctors who are employed by the insurance company of the defendant and their aim is to offer an alternative perspective on your injuries. These doctors, who are often referred to as “independent”, have their own agendas and financial stakes in reducing the amount of compensation that is paid to victims. If you choose to undergo an IME the Orange County personal injury lawyer will make sure that you are well-informed about what to expect and provide copies of all relevant medical records for the doctor to examine. Elizabeth injury lawsuit will also be present at the IME and will ensure that you are examined in a fair manner by ensuring that the doctors ' questions aren't divergent from those in your medical records. It is essential to not play with the extent of your injuries with the doctors, since they are trained to spot dishonesty and may utilize this information against you in trial.