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What is a Personal Injury Lawsuit? You may be entitled to compensation if have been injured due to the actions or inactions of a third party. Contact an experienced personal injury lawyer to learn more about your rights. A personal injury lawsuit is a civil matter in which the plaintiff seeks compensation for their losses, including medical bills, lost wages, damages to property and other expenses. The process can take anywhere from a few months to several years. Damages A personal injury lawsuit is a legal process which is filed to compel another person, or entity, to pay you for damages resulting from an accident. The plaintiff is the injured party and the defendants are the parties responsible. If someone dies as a result of the inattention or negligence of others In wrongful deaths, the case can be included in personal injury lawsuits. Damages are usually divided into two categories: compensatory and punitive. Compensatory damages are meant to make the victim whole again, including out-of-pocket expenses such as medical expenses as well as compensation for suffering and pain. Punitive damages, which are very rare and are intended to punish the offender for committing extreme crimes. The first type of damages is often called “economic damages.” This is the term used to describe all out-of-pocket expenses associated with the accident and injuries. These could include doctor's bills, hospital costs and physical therapy costs. Some claims could also cover additional costs, like travel costs to and from appointments or modifications to your home to accommodate a disability that is permanent. Somerville -economic damages are often described as “pain and suffering” damages. These damages are difficult to quantify and comprise the emotional distress and mental anguish that accidents can cause. Your lawyer will assist you to determine the value of these damages based on the extent of your injury. This may be based on your ability to carry out the things you did before or your loss of a relationship with your family. Statute of limitations In a legal rule known as the statute of limitations, any person who suffers injury as a result of an accident must bring a lawsuit within a certain time frame or else their claim will be rejected by the courts. This is to safeguard evidence from being lost or forgotten, and to prevent people from dragging out incident-related litigation indefinitely. The exact length of time for filing a claim differs from state to state, however personal injury claims generally have a two- to four-year limit. However there are exceptions that can prolong the time that a victim must make a claim, and they should seek legal advice when to determine if your case falls under one of these exceptions. The statute of limitations is only applicable to lawsuits filed in court. Many injury cases are resolved through the process of claiming insurance and do not require formal lawsuit filing. It is nevertheless important to allow yourself enough time to start a lawsuit in the event that insurance negotiations aren't as smooth as you had hoped, or if a problem arises that is not resolved by insurance. Certain circumstances may stop 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 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 suit filed by an injured party against the person or entity who caused the injury. It claims that the defendant breached their duty of care, and that this breach resulted in damage and losses for the plaintiff. The defendant is then held responsible for these damages. The first document filed in a personal injury lawsuit is referred to as the complaint, and it contains specific details about the incident that caused your injuries. It also outlines the damages you are seeking. The complaint also contains a “prayer of relief” that 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. The defendant must respond to the complaint within specific deadlines and either admit or deny the allegations contained in the complaint. The defendant can also file a counterclaim against the plaintiff or bring in a different defendant as third-party defendant. A successful personal injury lawsuit is based on solid evidence, such as medical records and witness testimony. We work closely with our clients to ensure that all relevant information is collected and included in the case. The evidence will also help us negotiate with the attorney for the defendant or insurance agents to obtain the best settlement offer possible. 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 you were injured in the accident and that these injuries are worth an amount of money. It's a long process, but it's at the trial that you'll finally know if you will get the compensation you are entitled to. In a jury trial, your lawyer will argue that the defendant is accountable and has to pay for your losses. The defendant will present evidence that their actions are not related to the accident, which prevents them from having to reimburse you for your losses. Before you can proceed to trial you must attend a preliminaries conference. This is usually the first time that your case will have deadlines that are 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 registrar or an individual from the court's staff. If the case is handled in accordance with the New York's Differentiated Case Management Rule, or if it is exempted from the Rules the parties are required to be present in person. If a party is unable to attend in person they may participate via telephone or on the internet with the permission of the convenor. If your case is to be a 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 When a summons and complaint are filed, the defendant parties named in the lawsuit have twenty or thirty days to file an Answer (although this deadline may be extended if the court gives permission). Once the Answer has been filed, the case moves into what is called the discovery phase. During this stage the parties exchange information via written discovery demands and depositions. Following the conclusion of discovery The attorney for the plaintiff prepares what is called a Bill of Particulars. The document is a legal declaration of claims and the relief sought, usually the award of damages in cash. The Bill of Particulars is intended to put the defendant on notice of the specific legal claims being made, so that they can effectively prepare for trial. The court must look over a Bill of Particulars before it is allowed to be enforced. Generally, the court will only comply with a Bill of Particulars that is not vague or broad. A Bill of Particulars must only include the specific acts of negligence that are being claimed and must not include new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ), for example was a case in which the court concluded that the plaintiff was not negligent. In 1994, the court upheld the motion to strike all the reference to willful or deliberate actions in a medical malpractice case. Similarly, the court will not allow addition of a new theory of recovery at an unreasonably late stage in the case. To avoid causing prejudice any late amendment to the Bill of Particulars must be supported by an affidavit that gives a reasonable explanation of the tardiness of the amendment. Physical Examination You might be wondering 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 examination. However, this kind of exam is actually required under Washington law and could be beneficial to your case. IMEs are usually conducted by doctors employed by the insurer of the defendant. Their aim is to offer a different perspective on your injuries. These physicians, who are often referred to as “independent”, have their own agendas and financial stakes in reducing the compensation that can be awarded to injured victims. Your Orange County personal injury attorney will ensure that you understand what you can expect from an IME and will give the doctor with a copy of all relevant medical records. Your lawyer will be present during the IME to ensure that the questions posed by the doctor are in accordance with your medical records. It is crucial to not play with the extent of your injuries with these doctors, as they are trained to spot the deceit and may make use of this information against you in trial.