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What is a Personal Injury Lawsuit? If you have been injured through the actions or inactions, you could be eligible for compensation. Contact an experienced personal injury lawyer to learn more about your rights. A personal injury lawsuit is civil litigant in which the plaintiff seeks compensation for their loss. This includes medical expenses, lost wages and property damage. The process can run from a few months to several years. Damages A personal injury lawsuit is a legal process that is taken to force another individual or entity to pay you for the damages that result from an accident. The injured party is known as the plaintiff while the parties responsible are referred to as defendants. If someone dies as a result of carelessness or infractions committed by others the wrongful death case can be included in personal injury claims. Damages are usually classified into two categories: punitive and compensatory. Compensation damages are based on medical bills as well as pain and suffering compensation, and other out of pocket expenses. Punitive damages, which are not common, are meant to punish the perpetrator for committing extreme acts. This category includes all expenses incurred as a result of the injury or accident. These might include doctor's bills or hospital costs, as well as physical therapy costs. In some cases, additional expenses like the cost of travel to and from appointments, or modifications made to your home for permanent disabilities may also be included in the claim. Non-economic damages are commonly called “pain and suffering” damages. They are more difficult to quantify and are a result of the mental and emotional stress, anguish and suffering that accidents can cause. Mobile injury attorneys will assist you to evaluate these damages based upon the extent of your injury. It could be based on your capacity to continue enjoying the activities you used to do or your loss of connection with family members. Statute of limitations A legal requirement known as the statute of limitations stipulates that anyone injured in an accident 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 related to an incident for a long time. The exact time limit is different from one state to another, but the majority of personal injury lawsuits have a time frame of two to four years. However, there are exceptions that may prolong the time required for a victim to file their claim and they should seek legal advice for assistance in to determine whether or not their case falls into one of these exceptions. One of the most important aspects of the statute of limitations is that it is only applicable to the filing of a lawsuit in a court. Insurance claims are usually used to resolve injuries and do not require formal lawsuits. It is essential to allow yourself sufficient time to start a lawsuit in the event that negotiations with insurance aren't as smooth as you had hoped, or if a problem occurs that cannot be resolved with insurance. Some circumstances can pause the clock on the statute of limitations, but they are rare and need to be assessed on a case-by case basis. The statute of limitations might not start until the person discovers or should have known that the injury was caused by another's negligence. In some states, such as New York, it is different for claims made against municipalities. Complaint A personal injury lawsuit is filed by the victim against the party who caused the injury. It alleges that the defendant violated a duty of care, and that this breach caused harm and loss to the plaintiff and that the defendant should be held accountable for the losses. 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 seek. The complaint also contains the “prayer for relief” which outlines what you would like the court to do. The complaint must be served on the defendant, along with a summons which is a notification that they are being sued. After the complaint is filed, the defendant must submit an answer to the complaint within a certain timeframe, and must either accept or deny the allegations in the complaint. The defendant may also file a counterclaim, or add another defendant to the case as a third party defendant. A successful personal injury lawsuit is based on solid evidence, such as medical records and witness testimony. We work closely together with our clients to gather all relevant information and then include it in the case. The evidence will also help us negotiate with the attorney for the defendant or insurance representatives to get the most favorable settlement offer. Preliminary Conference In a personal injury case your lawyer must demonstrate that the negligence of the defendant led to 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, but the trial is where you'll be able to decide if you'll be awarded the damages you're entitled to. In a trial before a jury the 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 present evidence to show that their actions were not related to the accident. This will prevent them from paying you for your losses. Before you can proceed to trial, you must attend a preliminary conference. This is typically the first time your case will have deadlines that are set by the Court itself. This is also when your attorney will discuss the case with the defense. Preliminary meetings are usually held by a judicial registrar or a member of the court's staff. Unless the case is being handled by the New York's Differentiated Case Management Rule, or if it is exempted from the Rules, all participants are required to attend in person. If a party is unable to attend in person, they can participate via telephone or on the internet, with the consent of the convenor. If your case is part of the Differentiated Case Management Program, the initial meeting provides an opportunity to determine if your case falls under one of three categories: advanced standard or complex. Bill of Particulars After the summons and complaint are filed, the defendants named in the lawsuit will be given between twenty and thirty days (although this deadline may be extended by the court). When the Answer is filed, the case is moved to what is known as the discovery phase. In this stage, both parties exchange information through written discovery demands and depositions. The plaintiff's lawyer prepares the Bill of Particulars at the end of discovery. The document details the legal claims being made and the relief sought, usually the award of damages in cash. The Bill of Particulars is meant to inform the defendant of the specific legal claims being made, to help them prepare for trial. The court must examine the Bill of Particulars before it is allowed to be enforced. In general, a 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 claimed and should not contain new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ), for example was a case in which the court ruled that the plaintiff had not been negligent. 1994) the court granted the motion to strike all references to willful and intentional actions from a medical malpractice claim. Similarly, the court will not allow the addition of a new theory of recovery at a disproportionately late point in the action. In order to avoid resultant negative consequences, an amendment made late to the Bill of Particulars should only be permitted if supported by an affidavit that provides a reasonable excuse for the lateness of the amendment. Physical Exam You may question the reason why a doctor, who doesn't know you or your medical history, and isn't familiar with the specifics of your incident, would be required to conduct a medical exam. However, this kind of examination is actually required under Washington law and could be beneficial to your case. Typically, IMEs are conducted by doctors medical who are hired by the defendant's insurance company and their goal is to offer an alternative perspective to your injuries. Although they are often referred to as “independent,” these physicians as well as insurance companies – have their own agenda and financial stake in decreasing the amount of compensation that can be granted to a victim who has been injured. Your Orange County personal injury attorney will make sure you know what you can expect from an IME and will provide the doctor with a copy of all pertinent medical records. Your lawyer will also be present at the IME and will ensure that you are being examined fairly by ensuring that the questions of the doctor do not diverge from the ones you have in your medical records. It is crucial to avoid playing around with the severity of your injuries with the doctors, since they are trained to recognize the deceit and may utilize this information against you in trial.