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What is a Personal Injury Lawsuit? If you have been injured by another person's actions or inactions, you could be able to recover compensation. Contact a knowledgeable personal injury lawyer to learn more about your rights. A personal injury lawsuit is a civil litigation in which the plaintiff seeks compensation for their losses. This includes medical expenses or lost wages, as well as property damage. The process can take anywhere from several months to a few years. Damages A personal injury lawsuit is a legal proceeding that is used to force another person or entity, to pay you for damages resulting from an accident. The party who suffered the injury is known as the plaintiff and the parties responsible are referred to as defendants. If someone dies as a result of carelessness or infractions committed by others, wrongful death cases can be included in personal injury lawsuits. Damages are usually classified into two categories: punitive and compensatory. Compensatory damages include medical bills as well as pain and suffering compensation and other out-of pocket expenses. Punitive damages, which are very rare and are designed to punish the perpetrator when they have committed a number of extreme actions. This category covers all costs caused by the injury or accident. This could include hospital bills medical expenses, doctor's charges and physical therapy costs. In some cases, additional expenses like the cost of travel to and from appointments or changes to your home for permanent disabilities may also be included in the claim. Non-economic damages are often referred to as “pain and suffering” damages. These damages are more difficult to quantify, and they include the emotional distress and mental anguish that an accident can cause. Based on the extent of your injuries, your lawyer can help you estimate the value of these damages. It could be based on the ability to enjoy activities you were previously able to enjoy or your loss of connection 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 bring a lawsuit within a specified time or else their claim will be rejected by the courts. This is to stop evidence from being lost or lost and to stop individuals from dragging litigation relating to incidents out for a long time. The exact time frame differs from state to state however personal injury claims generally have a two-to four-year limitation. However, there are exceptions that can prolong the time required for a victim to file their claim and they should seek legal advice when determining whether or not your case falls under one of the exceptions. The statute of limitations is only applicable to lawsuits filed in court. Insurance claims are typically used to settle injury cases and do not require formal lawsuits. Even so, it is important to allow yourself enough time to file a lawsuit in the event that negotiations do not go as planned or an issue arises that cannot be resolved through the insurance system. Certain circumstances can stop the clock of the statute of limitations however, these situations are extremely rare and need to be evaluated on an individual case-by-case basis. For example, the statute of limitations may not begin to run until the victim discovers or should have reasonably discovered that their injury was caused by someone else's negligence, and in some states, such as New York, the statute of limitations differs for claims against municipalities. Complaint A personal injury lawsuit is a civil case 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 this breach caused harm and loss to the plaintiff, and that the defendant is accountable for the losses. The first document filed in a personal injury lawsuit is known as the complaint. It includes specific allegations regarding the incident that caused your injuries and outlines the damages you're seeking. It also contains a “prayer for relief” that outlines what you would like the court to do. The summons and complaint should be handed over to the defendant. The defendant must respond to the complaint within certain deadlines and either admit or deny all allegations contained in the complaint. The defendant can also bring a counterclaim against plaintiff or bring in another defendant as third-party defendant. A successful personal injury lawsuit is based on solid evidence including medical records and testimony from witnesses. YouTube collaborate closely with our clients to ensure that all relevant information is gathered and included in the case. The evidence we have will also help us to negotiate with the defendants' attorneys or insurance agents to get the best possible settlement offer. Preliminary Conference In a personal-injury lawsuit the lawyer for you must prove 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 those injuries warrant financial compensation. It can be a lengthy process, but it's at the trial that you will finally know if you will be awarded the compensation you are entitled to. In a trial before a jury, your lawyer will argue for the defendant's liability and that they must pay for your losses. The defendant will provide evidence to prove that their actions were not related to the accident. This will prevent the defendant from paying for your losses. Before you can proceed to trial, you must attend a preliminary conference. This is the first time that your case is subject to deadlines set by a judge. This is also the time that your attorney will discuss the case with the defense. A judicial registrar, also known as an individual of the court's staff, typically conducts preliminary conferences. Unless the case is handled in accordance with New York's Differentiated Case Management Rule, or if it is exempted 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 scheduled to be a part of the Differentiated Case Management program, the preliminary conference will be a chance to determine whether your case falls within one of the three classifications which are expedited, standard or complex. Bill of Particulars After the summons and complaint have been filed, the defendants named in the lawsuit will be given twenty to thirty days (although this deadline may be extended by the court). Once the Answer is filed, the case moves into the discovery phase. During this time both sides exchange information in the form of written demand for discovery and depositions. At the conclusion of discovery the attorney representing the plaintiff drafts what is called a Bill of Particulars. The document details legal claims and the relief sought – usually an award of money damages. The Bill of Particulars is intended to inform the defendant notice of the specific legal claims being filed so that he or she is able to effectively prepare for trial. The court must review the Bill of Particulars before it is able to be followed. In general, the court will only abide by the Bill of Particulars if it is not vague or broad. A Bill of Particulars must only include the specific acts of neglect 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 in which the court found that the plaintiff had not been negligent. 1994) the court granted the motion to strike all references to intentional and willful acts from a medical malpractice claim. The court will also not allow a new doctrine to be introduced at any point in the case that is unreasonably late. To avoid prejudice, a belated amendment to a Bill of Particulars should only be permitted if supported by an affidavit stating an adequate explanation for the delay in the amendment. Physical Exam If a defense attorney or insurance company demands that you attend an Independent Medical Examination (IME), your natural first instinct could be to wonder why a doctor who does not know you, your medical history, and the particulars of your injury is requested to conduct an exam. This type of exam is required by Washington law, could be beneficial to your case. IMEs are usually performed by doctors who are employed by the insurer of the defendant. Their aim is to provide an alternative view of your injuries. These doctors, often referred to as “independent” are able to have their own goals and financial interests in reducing the amount of compensation which can be given to victims of injuries. If you choose to undergo 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 provide a copy of all relevant medical records to the doctor to look over. Your lawyer will also be present at the IME and can ensure that you are being examined fairly by ensuring that the doctors ' questions aren't divergent from those in your medical records. You should not downplay or exaggerate the severity of your injury to the doctors. They are trained to detect dishonesty, and could use this information at trial.