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What is a Personal Injury Lawsuit? If you've been injured due to another's actions or inactions, you could be eligible for compensation. Contact an experienced personal injury lawyer to find out more about your rights. A personal injury lawsuit is a civil dispute in which the plaintiff seeks compensation for their losses. This includes medical expenses, lost wages and property damage. The process can take anywhere from several months to a few years. Damages A personal injury lawsuit is a legal proceeding to compel a person or entity to pay money for damages related to an accident. The plaintiff is the injured party, and the defendants are the parties responsible. Personal injury cases can also include the wrongful death of a person who dies because of the negligence or wrongful actions of others. Damages are usually classified into two categories: 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 pain and suffering. Punitive damages, which are not common, are meant to punish the perpetrator when they have committed a number of extreme actions. The first category of damages is usually called “economic damages.” This is the term used to describe any out-of-pocket costs resulting from the accident and injuries. These may include hospital expenses medical expenses, doctor's charges and physical therapy costs. Certain claims could also include additional expenses, such as the cost of travel to and from appointments, or modifications to your home to accommodate a disability that is permanent. Non-economic damage can also be described as “pain and suffer” damages. They are more difficult to quantify and include the emotional distress, mental anxiety and suffering caused by accidents. Based on the extent of your injuries, your lawyer will assist you to place a value on these damages. It could be based on the ability to enjoy activities you previously enjoyed or your loss of connection with family members. Statute of limitations A legal principle known as the statute of limitations obliges anyone injured in an accident file an action within a specified date or the claim will be dismissed. This is done to stop evidence from being lost or lost, and to prevent individuals from dragging litigation relating to incidents out indefinitely. The time frame for filing a claim is different from one state to another, but the majority of personal injury claims have a limit of between two and four years. There are some exceptions to the time limit for filing a claim. If you need help in determining whether your case is one of these exceptions, then it is recommended to seek legal advice. The statute of limitations is only applicable to lawsuits filed in court. Insurance claims are often used to settle injury cases and do not require formal lawsuits. However, it is crucial to give yourself plenty of time to take legal action in the event that negotiations do not go as planned or an issue arises that can't be resolved through the insurance system. Certain circumstances can stop the statute of limitations clock however these cases are extremely rare and need to be evaluated on an individual case-by-case basis. The statute of limitations may not be established until the victim discovers or should have known that the injury resulted from someone else's negligence. In some states, like New York, it is different for claims against municipalities. Complaint A personal injury lawsuit is filed by a victim against the person who caused the injury. The plaintiff claims that the defendant breached their duty of care, and that this breach resulted in damage and losses for the plaintiff. YouTube is accountable for the damages. The first document filed with a personal injury lawsuit is called the complaint, and it contains detailed allegations about the incident that caused your injuries and outlines the damages you seek. The complaint also contains a “prayer of 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 notice that they are being sued. The defendant must respond to the complaint within specific time limits and either admit or deny the allegations contained in the complaint. The defendant may also file a counterclaim, or add another defendant to the case by naming third party defendant. A successful personal injury lawsuit is based on solid evidence such as medical documents and testimony from witnesses. We work closely with our clients to ensure that all relevant information is gathered and included in the case. The evidence will also assist us negotiate with the attorney for the defendant or insurance representatives to get the best settlement possible. Preliminary Conference In a personal-injury case, your lawyer 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's a long process, but it is at the trial that you will be able to determine if you receive the damages you deserve. In the trial before the jury the lawyer will argue for the defendant's responsibility and the need to pay for your losses. The defendant will argue that their actions are unrelated to the accident, which will keep them from having to compensate you for your losses. You must attend a pre-trial conference before you can proceed with the trial. This is usually the first time that your case will have deadlines established by the Court itself. This is also the time that your lawyer will discuss the case with the defense. A judicial registrar, or an individual of the court's staff, typically conducts preliminary conferences. Unless the case is handled by 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 telephone or online. If your case will be part of the Differentiated Case Management Program, an initial meeting also provides an opportunity to determine whether your case falls within one of three categories namely complicated or expedited standard. Bill of Particulars After the complaint and summons are filed, the defendants named in the lawsuit will have twenty to thirty days (although this time frame can be extended by the court). When the Answer is filed, the case is moved to what is known as the discovery phase. During this stage the parties exchange information through written demands for discovery and depositions. The lawyer for the plaintiff prepares the Bill of Particulars at the end of discovery. The document details the legal claims being made as well as the relief sought, usually an award of money damages. 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 a Bill of Particulars before it can be complied with. In general, the court will only abide by a Bill of Particulars if it is not vague or overbroad. A Bill of Particulars must only include the specific acts of neglect that are being claimed, 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 concluded that the plaintiff was not negligent. In 1994, the court upheld the motion to strike out references to intentional or willful acts in a medical malpractice case. The court will also not allow a new doctrine to be introduced at any stage in the litigation that is unreasonably late. To avoid adverse consequences, a late amendment to a Bill of Particulars should only be allowed when supported by an affidavit offering an acceptable explanation for the lateness of the amendment. Physical Exam 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, should be required to conduct a medical examination. However, this type of examination is actually a requirement under Washington law, and it could be beneficial to your case. IMEs are typically conducted by doctors employed by the insurer of the defendant. Their goal is to provide an alternative view of your injuries. These physicians, who are sometimes called “independent” and have their own agendas and financial interests in reducing the compensation that can be given to victims of injuries. Your Orange County personal injury attorney will make sure you know what to expect from an IME and will give a copy to the doctor of all relevant medical records. Your lawyer will be present during the IME to ensure that the questions asked by the doctor are in line with your medical records. It is important to not play with the severity 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.