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What is a Personal Injury Lawsuit? If you've been injured 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 where the plaintiff is seeking money to compensate for their losses, which include medical expenses, lost wages, property damage, and other costs. The process can run from several months to several years. Damages A personal injury lawsuit is a process to compel another person or entity to pay you compensation for the damage caused by an accident. The plaintiff is the victim, and the defendants are accountable. If someone dies as a result of negligence or wrongdoing by others the wrongful death case can be included in personal injury lawsuits. Damages are usually classified into two categories: compensatory and punitive. Compensation damages can include medical bills as well as pain and suffering compensation and other out-of pocket expenses. Punitive damages are rare and are intended to penalize the wrongdoer for extreme conduct. This category includes all expenses that result from the accident or injury. These could include hospital bills as well as doctor's fees and therapy costs. In certain cases other expenses such as the cost of traveling to and from appointments or modifications to your home to accommodate permanent disabilities can be included in a claim. Non-economic damages are commonly described as “pain and suffering” damages. These damages are harder to quantify, and they include the emotional stress and mental stress that an accident can cause. Your lawyer can help you value these damages based on the severity of your injury. This could be based on your ability to participate in activities that you previously enjoyed or your loss of consortium with family members. Statute of Limitations A legal rule known as the statute of limitations stipulates that anyone injured in an accident must file an action before a specific date or else the claim will be dismissed. This is to protect evidence from being lost or lost in the shuffle and to stop people from drag out incident-related litigation indefinitely. The exact length of time for filing a claim is different from state to state, however personal injury claims generally have a two- to four-year limitation. However, there are exceptions that can extend the time that a victim must make a claim, and they should seek legal advice for help determining whether or not their case falls into one of these exceptions. The statute of limitations is only applicable to lawsuits filed in court. A majority of injuries cases are resolved through the process of claiming insurance and do not require a formal lawsuit filing. However, it is important to allow yourself enough time to pursue legal action just in case insurance negotiations fail to take place as planned or if an issue arises that cannot be resolved through the insurance system. Some circumstances can pause the clock on the statute of limitations, but they are extremely rare and have to be evaluated on a case-by-case basis. For instance, the statute of limitations might not begin to run until a victim has discovered or should have reasonably discovered that their injury was caused by another person's negligent actions, and in certain states, like New York, the statute of limitations differs 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 alleges that the defendant violated the duty of care, and that the breach caused harm and losses to the plaintiff and that the defendant is accountable for the damages. The first document you file with a personal injury lawsuit is called the complaint, and it includes specific allegations regarding the incident that led to your injuries. It also lists the damages you are seeking. The complaint also includes an “prayer of relief” which outlines what you want the court to do. The complaint must be served to the defendant with a summons which is a notification that they are being sued. After the complaint is filed, the defendant must file an answer to the complaint within a specific time frame, and may either deny or admit the allegations made 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 depends on solid evidence including medical documents and testimony from witnesses. We work closely with our clients to ensure that all relevant information is gathered and included in the case. The evidence we collect will also help us to negotiate with the defendants' attorneys or insurance agents to negotiate the most favorable settlement offer. Preliminary Conference In a personal injury case the attorney for you must prove that the negligence of the defendant caused your accident. You must also prove that you were injured in your accident and that the injuries are worth financial compensation. It's a long process, but it's at the trial that you'll find out if you get the compensation you deserve. In the case of a trial before a jury, your lawyer will argue the defendant's responsibility and they will argue that they have 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 pay you for your losses. Before Sandy injury attorney can proceed to trial you must attend a preliminaries conference. This is often the first time that your case will have deadlines set by the Court itself. This is also when your lawyer will discuss the issue with the defense. Preliminary conferences are usually conducted by a judicial register or a member of the court's staff. All participants must attend the preliminary conference in person unless the case has been handled by New York's Differentiated Case Management Rule or the Rules are exempted in other ways. If a party cannot attend in person, they are able to take part via phone or online with the permission of the convenor. If your case will be part of the Differentiated Case Management Program, the initial meeting provides an opportunity to determine if your case falls within one of three categories namely advanced standard or complex. Bill of Particulars After a complaint and summons are filed, the defendants named in the lawsuit have either twenty or thirty days in which to submit an Answer (although this time frame can be extended if the court gives consent). After the Answer is filed, the matter moves into what is called the discovery phase. During this time the parties exchange information in the form of written demand for discovery and depositions. The lawyer of the plaintiff drafts the Bill of Particulars at the end of discovery. This document outlines the legal claims being made 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 that are made so that they can prepare for trial. The court must examine a Bill of Particulars before it is allowed to be enforced. Generally speaking, the court will only abide by a Bill of Particulars that is not vague or overly broad. A Bill of Particulars must only include the specific acts of negligence that are being alleged, and not add any new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ), for example was a case where the court found that the plaintiff had not been negligent. In 1994, the court upheld the motion to strike all the reference to willful or deliberate acts in a medical malpractice case. The court will also not allow a new theory to be added at any point in the action that is unreasonablely late. To avoid causing prejudice any late amendment to the Bill of Particulars must be supported by an affidavit which gives a reasonable explanation for the delay of this amendment. Physical Exam If a defense attorney, or an insurance company asks you to attend an Independent Medical Examination (IME), your natural first instinct may be to question the reason why a doctor who does not know you or your medical history and the specifics of your incident is requested to conduct an exam. This type of examination is required by Washington law, could be beneficial to your case. IMEs are typically conducted by doctors hired by the defendant’s insurance company. Their aim is to offer a different perspective on your injuries. Although they are often called “independent,” these physicians – just like the insurance companies have their own agendas and financial motives in reducing the amount of compensation that can be awarded to an injured victim. If you decide to undergo an IME, your Orange County personal injury lawyer will make sure that you are aware of what to expect. They will provide the complete set of medical records to the doctor to review. Your lawyer will be present during the IME to ensure that the questions asked by the doctor are in accordance with your medical records. It is essential to avoid playing around with the extent of your injuries with these doctors, as they are trained to spot fraud and could use this information against you in trial.