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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 another person. Contact a knowledgeable personal injury lawyer to find out more about your rights. A personal injury lawsuit is a civil dispute in which the plaintiff seeks money to cover their losses, including medical bills, lost wages, property damage and other expenses. The process can take anywhere from several months to several years. Damages A personal injury lawsuit is a legal proceeding that is taken to force another person or entity to compensate you for damages resulting from an accident. The plaintiff is the one who was injured and the defendants are the ones accountable. If someone dies as the result of carelessness or infractions committed by others, wrongful death cases are often included in personal injury lawsuits. A victim's damages are typically broken down into two groups that are punitive and compensatory. Compensatory damages are intended to make the victim whole again, including out-of-pocket expenses such as medical expenses as well as compensation for pain and suffering. Punitive damages are rare and designed to punish the perpetrator for their extreme behavior. The first category of damages is often known as “economic damages.” This includes all out-of-pocket expenses associated with the accident and injuries. This could include hospital bills, doctor's fees and physical therapy costs. In some instances, additional expenses like the cost of traveling to and from appointments or modifications made to your home for permanent disabilities could be included in the claim. Non-economic damages can also be referred to by the term “pain and suffer” damages. These damages are more difficult to quantify, and they include the emotional stress and mental anguish that an accident can cause. Your lawyer can help you determine the value of these damages based on the severity of your injuries. This could be based on the capacity to perform the things you were previously able to do or your loss in consortium with your family. Statute of limitations Under a legal rule called the statute of limitations, any person who is injured in an accident must make a claim within a specific time period or the claim will be rejected by the courts. This is done to prevent evidence from being forgotten or lost and to stop people from dragging incident-related litigation out for a long time. The exact duration of time varies from state to state, however, personal injury claims typically have a two- to four-year time limit. However there are exceptions that can prolong the time required for a victim to submit their claim. They should seek legal advice when to determine if their case falls into one of the exceptions. The statute of limitations is only applicable to lawsuits filed in the court. A majority of injuries cases are resolved through the insurance claim process and do not require formal lawsuit filing. It is nevertheless important to allow yourself enough time to file 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. Certain circumstances may stop the clock on the statute of limitations, however they are not common and have to be considered on a case-by-case basis. The statute of limitation may not start until the person discovers or should have known that the injury was caused by someone else'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 a victim against the person who caused the injury. It claims that the defendant breached the duty of care, and that the breach caused harm and losses to the plaintiff, and that the defendant should be held accountable for the losses. The complaint is the initial document that is filed in a personal injury lawsuit. It provides detailed details regarding the incident that led to your injuries, and the damages you are seeking. The complaint also contains an “prayer for relief” that outlines what you would like the court to do. The complaint and summons must be delivered to the defendant. The defendant must respond to the complaint within certain time limits and either admit or deny all allegations in the complaint. The defendant can also file a counterclaim against the plaintiff or bring in another defendant as a third-party defendant. A successful personal injury lawsuit relies 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 we collect can also assist us to negotiate with defense attorneys or insurance agents to negotiate the most favorable settlement offer. Preliminary Conference In a personal-injury case the lawyer for you 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. It's a long process, but it is at the trial that you'll find out if you be awarded the compensation you are entitled to. In a trial before a jury, your lawyer will argue that the defendant is liable and is required to compensate you for the losses you suffered. The defendant will argue that their actions do not contribute to the accident, which prevents them from having to reimburse you for your losses. You must attend a pre-trial discussion prior to proceeding with the trial. This is the first time that your case has deadlines set by a judge. This is also the time when your attorney will discuss the case with the defense. A judicial registrar, also known as a member of the court's staff, typically conducts preliminary conferences. If the case is handled in accordance with New York's Differentiated Case Management Rule, or if it is exempted from the Rules the parties are required to attend in person. If a person is unable to attend in person, the convenor is able to permit them to participate via telephone or online. If Fresno injury lawsuits is part of the Differentiated Case Management Program, an initial meeting also provides an opportunity to determine whether your case falls into one of three categories namely advanced standard or complex. Bill of Particulars After the summons and complaint have been filed, defendants named in the lawsuit will be given twenty to thirty days (although this deadline is able to be extended by the court). After the Answer is filed, the case enters what is called the discovery phase. During this stage the parties exchange information through written demands for discovery and depositions. Following the conclusion of discovery the attorney representing the plaintiff drafts what is known as a Bill of Particulars. The document details legal claims and the relief sought, usually an award of money damages. The Bill of Particulars is meant to inform the defendant of the specific legal claims being made, so that they can prepare for trial. Before a Bill of Particulars can be followed, it must be examined 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 should be limited to the specific negligence that is being claimed and should not add new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ) for instance was a case where the court ruled that the plaintiff was not negligent. 1994), the court sustained the motion to strike all references to willful and intentional actions from a medical malpractice claim. The court will not permit the addition of a new theory of recovery at a disproportionately late stage in the case. To avoid prejudice, any late amendment to the Bill of Particulars must be supported by an affidavit, which gives a reasonable explanation for the lateness of this amendment. Physical Exam If a defense attorney, or an insurance company requests that you take part in an Independent Medical Examination (IME) Your first reaction might be to ask why a doctor who does not know you, your medical history, and the specifics of your accident is being requested to conduct an exam. This type of examination, 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 to your injuries. These doctors, often referred to as “independent” are able to have their own goals and financial interests in reducing the compensation that is given to victims of injuries. 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 the relevant medical records. Your lawyer will be present during the IME to make sure that the questions asked by the doctor are in accordance with your medical records. You should not downplay or exaggerate the severity of your injury to these doctors. They are trained to spot fraudulent behavior, and can use this information at trial.