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What is a Personal Injury Lawsuit? You may be eligible for compensation if you were injured as a result of the actions or inactions of another person. Contact a knowledgeable personal injury lawyer to find out more about your rights. A personal injury lawsuit is civil dispute where the plaintiff seeks compensation for their loss. This includes medical expenses, lost wages and property damage. The process can take anywhere from several months to several years. Damages A personal injury lawsuit is a legal action which is filed to compel another person, or entity, to pay you compensation for damages caused by an accident. The person who is injured is referred to as the plaintiff, while the parties responsible are referred to as defendants. Personal injury cases may include wrongful death claims when someone dies due to inattention or negligence of others. Damages are typically classified into two categories: compensatory and punitive. Compensation damages are based on medical bills, pain and suffering compensation, and other out of pocket expenses. Punitive damages are uncommon and are intended to penalize the perpetrator for their extreme behavior. This category covers all expenses that result from the injury or accident. This could include doctor's fees as well as hospital expenses and physical therapy costs. In certain cases additional expenses, such as the cost of travel to and from appointments, or modifications made to your home to accommodate permanent disabilities could also be included in the claim. Non-economic damage can also be described as “pain and suffer” damages. These damages are more difficult to quantify, and include the emotional stress and mental stress that accidents can cause. Depending on the severity of your injuries your lawyer can help you estimate the value of these damages. This could be based on the ability to carry out the activities you used to or your loss of consortium with family. Statute of limitations A legal requirement known as the statute of limitation obliges anyone injured in an accident file an action within a specified date or else the claim will be dismissed. This is to prevent evidence from being lost or forgotten, and to stop people from drag out litigation relating to incidents for an indefinite period. The exact duration of time differs from state to state however, personal injury claims typically have a two- to four-year time limit. However there are exceptions that could extend the time required for a victim to make a claim, and they should seek legal advice for help to determine if their case falls into one of the exceptions. One of the most important aspects of the statute of limitations is that it applies only to the filing of an action in court. Insurance claims are typically used to resolve injury cases and do not require formal lawsuits. It is still essential to allow yourself sufficient time to start a lawsuit in the event that negotiations with insurance don't go as planned, or if a problem arises that is not resolved by insurance. A few circumstances can pause the clock on the statute of limitations, but these instances are very rare and have to be considered on a case-by-case basis. The statute of limitations might not be established until the victim realizes or should have realized that the injury was caused by someone else's negligence. In some states, such as New York, it is different for claims that are made against municipalities. Complaint A personal injury lawsuit is a civil case initiated by a victim against the person or entity that caused the injury. It claims that the defendant violated their duty of care, and that this breach caused loss and harm to the plaintiff. The defendant is then accountable for the 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 and outlines the damages you are seeking. The complaint also contains the “prayer for relief” that outlines what you would like the court to do. The summons and complaint must be handed over to the defendant. After the complaint is filed, the defendant must file an answer to the complaint within a specified timeframe, and will either admit or deny the allegations in the complaint. The defendant can also bring a counterclaim against plaintiff or bring in another defendant as a third-party defendant. A successful personal injury lawsuit relies on solid evidence, including medical records and testimony from witnesses. We work closely with our clients to collect the relevant information and incorporate it in the case. The evidence will also help us negotiate with the defendant's attorneys or insurance agents to obtain the best settlement possible. Preliminary Conference In a personal-injury lawsuit, your lawyer must prove that negligence on the part 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 those injuries warrant financial compensation. This could be a long process however, the trial is when you can finally determine whether you'll receive the compensation you're entitled to. In a jury trial your lawyer will argue that the defendant is responsible and must pay you for your losses. The defendant will present evidence to prove that their actions are not connected to the accident. This will stop them from paying you for your losses. Before proceeding to trial, you must attend a preliminary conference. This is the first time your case has deadlines set by a judge. This is also when your lawyer will discuss the case with the defense. A judicial registrar, also known as an individual of the court's staff, typically holds preliminary conferences. Unless the case is being handled under New York's Differentiated Case Management Rule, or if it is exempted from the Rules All participants are required to attend in person. If, however, a person is unable to attend in person, they may participate via telephone or on the internet with the permission of the convenor. If your case will be part of the Differentiated Case Management Program, the initial meeting provides an opportunity to determine if your case falls within one of three categories – complicated or expedited standard. Bill of Particulars When a summons and complaint are filed, the defendant parties who are named in the lawsuit have twenty or thirty days to respond (although this deadline may be extended with the court's approval). Once the Answer is filed, the case moves into what is called the discovery phase. In this period both sides exchange information in the form of written demands for discovery and depositions. Following the conclusion of discovery The attorney for the plaintiff prepares what is called a Bill of Particulars. The document details legal claims and the relief sought – typically an award of money damages. The Bill of Particulars is intended to inform the defendant notice of the specific legal claims being made, so that he or she is able to effectively prepare for trial. Before a Bill of Particulars can be accepted, it must be scrutinized by the court. In general, the court will only accept the Bill of Particulars if it isn't vague or overly broad. A Bill of Particulars must only include the specific acts of neglect that are being alleged, and not add any new claims. For Springfield injury attorneys YouTube in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. In 1994, the court affirmed the motion to strike all references to intentional or willful acts in a medical negligence case. The court will also not allow a new doctrine to be added at a stage in the litigation that is unreasonablely late. In order to avoid resultant prejudice, a belated amendment to a Bill of Particulars should only be permitted if supported by an affidavit offering an adequate explanation for the delay in the amendment. Physical Exam It is possible to ask why a doctor who isn't familiar with 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 type of exam is actually an obligation under Washington law, and could be beneficial to your case. IMEs are typically performed by doctors who are employed by the insurer of the defendant. Their aim is to provide an alternative perspective on your injuries. While they are sometimes 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 could be granted to a victim who has been injured. If you decide to go through an IME If you decide to undergo an IME, your Orange County personal injury lawyer will make sure that you are aware of what to expect and provide a copy of all relevant medical records for the doctor to examine. Your lawyer will be present during the IME to ensure that the questions posed by the doctor are in accordance with your medical records. You should not downplay or exaggerate the severity of your injuries to the doctors. They are trained to spot fraud, and may utilize this information in court.