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What is a Personal Injury Lawsuit? You may 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 legal rights to pursue compensation, consult a knowledgeable personal injury lawyer. A personal injury lawsuit is a civil dispute in which the plaintiff seeks compensation for their losses, such as medical bills, lost wages, property damage and other expenses. The process can take anywhere between a few months and several years. Damages A personal injury lawsuit is a legal process that is used to force another individual or entity to compensate you for the damages that result from an accident. The plaintiff is the injured party and the defendants are responsible. If someone dies as a result of the negligence or wrongdoing by others In wrongful deaths, the case may be part of personal injury claims. Damages are usually classified into two categories: compensatory and punitive. Compensatory damages include medical bills as well as pain and suffering compensation, and other out-of-pocket expenses. Punitive damages are not common and designed to punish the perpetrator for their extreme behavior. The first category of damages is typically called “economic damages.” This is the term used to describe any out-of-pocket costs resulting from the accident or injury. These might include doctor's bills or hospital costs, as well as physical therapy costs. In certain cases other expenses such as the cost of traveling to and from appointments or modifications made to your home due to permanent disabilities may also be included in the claim. Non-economic losses are often called “pain and suffering” damages. These are more difficult to quantify and are a result of the mental and emotional stress, anguish and suffering that accidents can cause. Depending on the severity of your injuries, your lawyer will assist you to determine the value of the damages. It could be based on the ability to enjoy activities you used to do or the loss of your relationship with family members. Statute of Limitations A legal principle known as the statute of limitations stipulates that anyone injured in an accident file an action within a specified date or their claim will be dismissed. This is to protect evidence from being lost or forgotten, and to prevent people from dragging out litigation relating to incidents for an indefinite period. The exact time limit differs from one state another, but the majority of personal injury claims have a limit of two to four years. However there are exceptions that may extend the amount of time that a victim must file their claim and they should seek legal advice for assistance in determining whether or not their case falls into one of the exceptions. A key aspect of the statute of limitations is that it is only applicable to the filing of a lawsuit in a court. Many injury cases are resolved through the process of filing an insurance claim and do not require formal lawsuit filing. However, it is 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 easily addressed through the insurance system. 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 limitation may not begin until the victim realizes or should have realized that the injury was caused by another's negligence. In certain states, such as New York, it is different for claims against municipalities. Complaint A personal injury lawsuit is filed by the victim against the person 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 accountable for the damages. The complaint is the first document that you file in a personal injury lawsuit. It provides detailed details concerning the incident that led to your injuries and the damages you want. The complaint also contains a “prayer of relief” which describes what you would like the court to do. The complaint and summons must be handed over to the defendant. The defendant must respond to the complaint within specific deadlines and either admit or deny all the allegations in the complaint. The defendant can also file a counterclaim or add a third party defendant to the case as third party defendant. A successful personal injury lawsuit is based on solid evidence, including medical records and witness testimony. We work closely with our clients to ensure that all relevant information is gathered and included in the case. The evidence we have will also assist us in negotiate with defense 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 defendant's negligence 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 can be a lengthy process however, the trial is when you'll be able to decide if you'll be awarded the damages you're entitled to. In the trial before a jury, your lawyer will argue that the defendant is at responsibility and they will argue that they have to compensate you for your losses. The defendant will provide evidence to prove that their actions were unrelated to the accident. This will prevent them from settling your losses. Before proceeding 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. www.youtube.com is also when your attorney will discuss the case with the defense. A judicial registrar, or a member of the court staff typically holds preliminary conferences. Unless the case is being handled in accordance with the New York's Differentiated Case Management Rule, or is otherwise exempt from the Rules the parties are required to be present in person. If a party is unable to attend in person they are able to take part via phone or online, with the consent of the convenor. If your case will be part of the Differentiated Case Management Program, an initial meeting also provides an opportunity to determine if your case falls into one of three categories namely complicated or expedited standard. Bill of Particulars After a summons or complaint are filed, the defendants named in the lawsuit have the option of having twenty or thirty days to respond (although this deadline may be extended with the court's permission). When the Answer is filed, the case enters what is known as the discovery phase. During this phase, both parties exchange information via written demands for discovery and depositions. The lawyer for the plaintiff prepares a Bill of Particulars at the end of discovery. The document details legal claims and the relief sought – typically 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 look over a Bill of Particulars before it can be complied with. In general, a court will only be able to abide by a 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 add any new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ) for instance was a case in which the court ruled that the plaintiff was not negligent. 1994) The court ruled in favor of the motion to strike references to intentional and willful acts from a medical negligence claim. Similarly, the court will not allow the introduction of a new doctrine of recovery at a disproportionately 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 for the tardiness of the amendment. Physical Exam You might be wondering the reason why a doctor, who doesn't know you or your medical history and isn't familiar with the specifics of your accident, would be required to conduct a medical exam. But, this type of examination is actually a requirement under Washington law and could be beneficial to your case. IMEs are usually conducted by doctors hired by the insurance company of the defendant. Their goal is to offer a different perspective on your injuries. These physicians, who are often referred to as “independent”, have their own goals and financial interests in reducing the amount of compensation that is awarded to injured victims. If you decide to go through an IME the Orange County personal injury lawyer will make sure that you are well-informed about what to expect and will provide copies of all relevant medical records for the doctor to examine. Your lawyer will also be present at the IME and will make sure that you are being treated in a fair manner by ensuring that the doctors ' questions aren't divergent from the ones you have in your medical records. Do not underplay or exaggerate the severity of your injury to these doctors. They are trained to spot fraudulent behavior, and can make use of this information in a trial.