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What is a Personal Injury Lawsuit? You could be entitled to compensation if have been injured due to the actions or inactions of someone else. To learn more about your rights under the law to pursue compensation, consult a knowledgeable personal injury lawyer. A personal injury lawsuit is a civil action in which the plaintiff seeks money to cover their losses, including medical bills, lost wages damages to property and other expenses. The process can take anywhere from several months to a few years. Damages A personal injury lawsuit is a legal process that is taken to force another person or entity to pay you for damages resulting from an accident. The plaintiff is the one who was injured, and the defendants are the parties accountable. If someone dies as the result of negligence or wrongdoing by others, wrongful death cases may be part of personal injury lawsuits. The damages a victim suffers are usually divided into two categories that are punitive and compensatory. Compensatory damages are intended to help the victim get back on track and regain their financial security, which includes out-of-pocket expenses such as medical bills as well as compensation for suffering and pain. Punitive damages, which are rare, are meant to punish the wrongdoer when they have committed a number of extreme acts. This category covers all costs incurred as a result of the injury or accident. These could include doctor's bills as well as hospital expenses and physical therapy expenses. Some claims may also include additional costs, like transportation costs to and from appointments or the need to modify your home to accommodate a disability that is permanent. Non-economic losses are often described as “pain and suffering” damages. These damages are harder to quantify, and include the emotional stress and mental anguish that an accident can cause. Your lawyer will help you value these damages based on the severity of your injuries. This may be based on your ability to do activities you used to or your loss in consortium with family. Statute of limitations A legal requirement known as the statute of limitations obliges anyone injured in an accident must file a lawsuit before a certain date or else the claim will be dismissed. This is to prevent evidence from being lost or forgotten, and to stop people from carrying out litigation relating to incidents for an indefinite period. The exact time frame varies from state to state however, personal injury claims typically have a two-to four-year limitation. There are certain exceptions to the time period for filing an injury claim. If you need help in determining whether your case is one of these exceptions, it is recommended that you seek legal advice. A key aspect of the statute of limitations is that it applies only to the filing of an action in court. Insurance claims are often used to resolve injury cases and do not require formal lawsuits. It is essential to allow yourself sufficient 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. A few circumstances can pause the clock on the statute of limitations, but these instances are rare and generally need to be evaluated on an individual basis. The statute of limitation may not begin until the victim is aware or should have known that the injury was caused by someone else's negligence. In certain states, such as New York, it is different for claims that are made against municipalities. Complaint A personal injury lawsuit is a civil action brought by an injured person against the person or entity who caused the injury. It claims that the defendant violated a duty of care, that the breach caused harm and losses to the plaintiff and that the defendant should be held accountable for the losses. The first document filed in a personal injury lawsuit is called the complaint. It contains specific details about the incident that led to your injuries. It also lists the damages you seek. It also includes the “prayer for 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 specified time period, and they must either accept or deny the allegations made in the complaint. The defendant can also file a counterclaim, or add another defendant to the case as 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 collect all relevant information and then include it in the case. The evidence will also help us negotiate with the attorney of the defendant or insurance agents to obtain the most favorable settlement offer. Preliminary Conference In a personal-injury lawsuit your lawyer must show that negligence on the part of the defendant led to your accident. You must also prove that you suffered injuries from your accident, and that those injuries warrant financial compensation. This could be a long process however, the trial is where you'll be able to decide if you'll receive the compensation you're entitled to. In a trial before a jury, your lawyer will argue that the defendant is accountable and is required to compensate you for the losses you suffered. The defendant will present evidence that their actions are not related to the accident, which will prevent them from having to compensate 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 will be subject to deadlines imposed by a judge. This is also when your lawyer will discuss the issue with the defense. A judicial registrar, or a member of the court staff typically holds preliminary conferences. All participants must attend the preliminary conference in person unless the case has been handled in accordance with the New York's Differentiated Case Management Rule or the Rules are otherwise exempted. However, if a party is unable to attend in person they can participate via telephone or on the internet with the permission of the convenor. If your case is scheduled to be part of the Differentiated Case Management program, the preliminary conference will be an opportunity to identify whether your case falls under one of the three categories that 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 can be extended by the court). When the Answer is filed, the case moves into what is called the discovery phase. In this stage, both parties exchange information via written discovery demands and depositions. The lawyer of the plaintiff drafts a Bill of Particulars at the end of the discovery. The document details the legal claims being made and the relief requested – typically the award of damages in cash. 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. Generally, 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 claimed and not include any new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ) for instance was a case in which the court found that the plaintiff was not negligent. 1994) the court granted the motion to strike references to willful and intentional acts from a medical negligence claim. Long Beach injury lawyers will not allow a new theory to be added at any point in the case that is unreasonably late. To avoid causing prejudice a late amendment to the Bill of Particulars must be supported by an affidavit which provides a reasonable explanation for the delay of this amendment. Physical Examination If a defense attorney or insurance company asks you to attend an Independent Medical Examination (IME), your natural first instinct could be to wonder why a doctor who does not know you and your medical history and the details of your accident is being requested to conduct an exam. This type of exam, which is required by Washington law, can be beneficial to your case. Typically, IMEs are conducted by doctors medical who are hired by the defendant's insurance company and aim to offer an alternative perspective on your injuries. These doctors, sometimes referred to as “independent” are able to have their own goals and financial interests in reducing the compensation that is awarded to injured victims. Your Orange County personal injury attorney will make sure you know what you can expect from an IME and will provide an IME doctor with a copy of all relevant medical records. Your lawyer will also be present at the IME and can ensure that you are examined fairly by ensuring that the doctors ' questions aren't divergent from the ones in your medical records. Do not underplay or exaggerate the severity of your injury to these doctors. They are trained to spot dishonesty, and could utilize this information in court.