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What is a Personal Injury Lawsuit? You could be entitled to compensation if you were injured as a result of the actions or inactions of someone else. Contact a knowledgeable personal injury lawyer to find out more about your rights. A personal injury lawsuit is a civil action where the plaintiff is seeking money to cover their losses, which include medical bills, lost wages property damage, and other costs. The process can last from a few months to several years. Damages A personal injury lawsuit is a legal proceeding which is filed to compel another person, or entity to compensate you compensation for damages caused by an accident. The plaintiff is the injured party, and the defendants are responsible. Personal injury cases may include wrongful death claims when someone dies due to negligence or wrongdoing of others. Damages are typically classified into two categories: punitive and compensatory. Compensation damages are based on 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. This category includes all expenses incurred as a result of the accident or injury. This could include hospital bills as well as doctor's fees and therapy costs. In some instances, additional expenses like the cost of travel to and from appointments, or changes to your home for permanent disabilities could also be included in a claim. Non-economic damages are often referred to as “pain and suffering” damages. These are more difficult to quantify and include the emotional distress, mental anxiety and suffering caused by accidents. Based on the severity of your injuries, your lawyer will help you determine the value of the damages. This could be based on the capacity to perform the things you did before or your loss in consortium with your family. Statute of limitations In a legal rule known as the statute of limitations, any person who is injured in an accident must make a claim within a certain time frame or the claim will be dismissed by the courts. This is to prevent evidence from being lost or forgotten and to stop people from drag out litigation related to an incident for a long time. The exact time frame varies from state to state however, personal injury claims typically have a two-to four-year limit. There are certain exceptions to the time to file an injury claim. If you require assistance determining if your case falls under one of these exceptions, it is best to seek legal advice. The statute of limitations is only applicable to lawsuits filed in the court. Many cases of injury are resolved through the process of filing an insurance claim and do not require formal lawsuit filing. It is nevertheless important to give yourself enough time to file a lawsuit in the event that insurance negotiations do not go as planned or if a problem arises that cannot be resolved with insurance. Some circumstances can pause the clock on the statute of limitations, however they are not common and have to be assessed on a case-by-case basis. The statute of limitations might not start until the person is aware or should have known that the injury was caused by another's negligence. In You Tube , like New York, it is different for claims made against municipalities. Complaint A personal injury lawsuit is a civil suit brought by an injured person against the person or entity who caused the injury. The plaintiff claims that the defendant violated the duty of care, that the breach caused harm and losses to the plaintiff and that the defendant should be held accountable for the damages. The first document filed with a personal injury lawsuit is referred to as the complaint. It includes specific allegations regarding the incident that caused your injuries and outlines the damages you're seeking. It also includes a “prayer for relief” that outlines what you would like the court to do. The summons and complaint must be given to the defendant. The defendant must respond to the complaint within a set of time frames and either accept or deny all the allegations in the complaint. The defendant can also file a counterclaim, or add a third party defendant to the case by naming a third party defendant. A successful personal injury lawsuit is built on solid evidence, such as medical documents and witness testimony. We work closely together with our clients to gather all relevant information and then include it in the case. The evidence we gather will also help us to negotiate with the defense lawyers or insurance agents to obtain the best settlement offer. Preliminary Conference In a personal injury lawsuit the attorney for you must prove that the negligence of the defendant caused your accident. You must be able to prove that you sustained injuries as a result of 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 find out if you receive the damages you are entitled to. In a jury trial, your lawyer will argue that the defendant is responsible and has to pay for the losses you suffered. The defendant will argue that their actions are unrelated to the accident, which will prevent them from having to pay you for your losses. You must attend a pre-trial meeting before you can proceed with the trial. This is the first time your case is subject to deadlines set by a judge. It is also the time when your attorney will discuss the case with the defense. A judicial registrar, or a member from the court staff, usually conducts preliminary conferences. All parties must attend the preliminary conference in person unless the case has been handled under New York's Differentiated Case Management Rule or the Rules are otherwise exempted. If a party is not able to attend in person, the convenor is able to permit them to attend via telephone or online. If your case is going to be a part of the Differentiated Case Management program, an initial conference can provide an opportunity to determine whether your case falls within 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 be given twenty to thirty days (although this time frame can be extended by the court). When the Answer is filed, the case moves into what is known as the discovery phase. During this time the parties exchange information in the form of written discovery demands and depositions. The plaintiff's lawyer prepares the Bill of Particulars at the end of the discovery. The document is a legal declaration of claims 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 made, to help them prepare for trial. The court must look over the Bill of Particulars before it is able to be followed. In general, the court will only be able to abide by the Bill of Particulars if it is not vague or overbroad. A Bill of Particulars should be limited to the specific acts of negligence being claimed and should not add new claims. For example 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 willful and intentional acts from a medical negligence claim. In the same way, the court will not permit the addition of a new theory of recovery at an unreasonable late stage in the litigation. To avoid causing prejudice, an amendment made late to a Bill of Particulars must be supported by an affidavit that gives a reasonable explanation of the delay of this amendment. Physical Exam If a defense attorney or insurance company asks you to attend an Independent Medical Examination (IME), your natural first instinct might be to ask why a doctor who does not know you or your medical history and the particulars of your injury is requested to conduct an exam. However, this type of examination is actually required under Washington law, and it could be beneficial in your case. Typically, IMEs are conducted by doctors medical who are hired by the defendant's insurance company and aim to provide a different view of your injuries. These doctors, often referred to as “independent” are able to have their own agendas and financial interests in reducing the amount of compensation that can be paid to victims. If you decide to go through an IME If you decide to undergo an IME, your Orange County personal injury lawyer will ensure that you are well-informed about what to expect and will provide a copy of all relevant medical records to the doctor to review. Your lawyer will be present during the IME to make sure that the questions asked by the doctor are consistent with your medical records. It is not advisable to downplay or exaggerate the severity of your injury to these doctors. They are trained to spot fraudulent behavior, and can utilize this information in court.