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What is a Personal Injury Lawsuit? You may be entitled to compensation if have suffered injuries 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 litigant where the plaintiff seeks compensation for their loss. This includes medical bills, lost wages and property damage. The process can take anywhere from several months to several years. Damages A personal injury lawsuit is a process to compel another person or entity to pay you compensation for the damage caused by an accident. The plaintiff is the victim and the defendants are the ones accountable. When someone dies as a result of carelessness or infractions committed by others In wrongful deaths, the case may be part of personal injury claims. The damages of a victim are typically broken down into two groups which are: punitive and compensatory. Compensatory damages are intended to help the victim get back on track again, including out-of-pocket expenses such as medical expenses and compensation for suffering and pain. Punitive damages are rare and are designed to punish the perpetrator for their extreme behavior. This category covers all expenses incurred as a result of the injury or accident. These could include hospital bills as well as doctor's fees and therapy costs. Some claims may also include additional expenses, such as transportation costs to and from appointments or the need to modify your home to accommodate a disability that is permanent. Non-economic damages are commonly referred to as “pain and suffering” damages. These damages are more difficult to quantify and comprise the emotional distress and mental anguish caused by accidents. Depending on the extent of your injuries, your lawyer can help you place a value on the damages. This could be based on your capacity to enjoy activities you were previously able to enjoy or the loss of your relationship with family members. 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 make a claim within a certain time frame or the claim will be rejected by the courts. This is to prevent evidence from being lost or forgotten, and to stop people from carrying out incident-related litigation indefinitely. The exact length of time for filing a claim varies from state to state however, personal injury claims typically have a two- to four-year limit. There are certain exceptions to the time to file claims. If you need assistance in determining whether your case is one of these exceptions, then it is recommended to seek legal advice. The statute of limitations applies only to lawsuits filed in court. Insurance claims are usually used to resolve injuries and do not require formal lawsuits. It is important to allow yourself enough time to file a lawsuit in the event that insurance negotiations do not go as planned or if a problem arises that is not resolved by insurance. Certain circumstances can stop the clock on the statute of limitations, but they are rare and need to be considered on a case by case basis. The statute of limitations might not start until the person realizes or should have realized that the injury was caused by another's negligence. In certain states, such as New York, it is different for claims made against municipalities. Complaint A personal injury lawsuit is a civil action filed by an injured party against the person or entity that 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. The defendant is then held responsible for these damages. The complaint is the first document filed in a personal injury case. It contains detailed allegations about the incident that led to your injuries, and the damages you are seeking. The complaint also contains an “prayer for relief” which outlines what you want the court to do. The summons and complaint must be delivered to the defendant. The defendant must respond to the complaint within certain time limits and either admit or deny all the allegations in the complaint. The defendant can also file a counterclaim, or add another defendant to the case as third party defendant. A successful personal injury lawsuit is based on solid evidence, such as medical documents and witness testimony. We work closely with our clients to collect all relevant information and include it in the case. The evidence will also help us negotiate with the attorney for the defendant or insurance companies 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 caused your accident. You must also prove that you suffered injuries from your accident, and that the injuries you sustained are worthy of financial compensation. This could be a long process, but the trial is where you'll be able to decide if you'll get the damages you deserve. In a trial before a jury the lawyer will argue that the defendant is at responsibility and the need to compensate you for your losses. The defendant will argue that their actions are unrelated to the accident, which will keep them from having to reimburse you for your losses. Before proceeding to trial you must attend a preliminary conference. This is typically the first time that your case will have deadlines set by the Court itself. It is also the time when your lawyer will discuss the case with the defense. Preliminary meetings are usually held by a judicial registrar, or an individual from the court's staff. All participants must attend the preliminary conference in person unless the case has been handled by the New York's Differentiated Case Management Rule or the Rules are exempted in other ways. However, if a party is unable to attend in person, they may participate via phone or internet with the permission of the convenor. 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 into one of three categories namely advanced standard or complex. Bill of Particulars When a summons and complaint are filed, the defendant parties who are named in the lawsuit have either twenty or thirty days in which to submit an Answer (although this deadline may be extended with the court's approval). After the Answer is filed, the case moves into what is called the discovery phase. In this period the parties exchange information in the form of written discovery demands and depositions. The plaintiff's lawyer prepares the Bill of Particulars at the conclusion of the discovery. The document details the legal claims that are being made and the relief requested – typically 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. The court must review the Bill of Particulars before it is able to be followed. In general, courts will only abide by a Bill of Particulars that is not overbroad or vague. A Bill of Particulars should be limited to the specific acts of negligence asserted and should not include 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. In 1994, the court affirmed the motion to strike out any references to willful or intentional acts in a medical negligence case. The court will not allow the introduction of a new theory of recovery at an unreasonably late stage in the litigation. To avoid prejudice, a belated amendment to the Bill of Particulars should only be allowed when supported by an affidavit offering a reasonable excuse for the delay in the amendment. Physical Exam When a defense attorney or insurance company asks you to attend an Independent Medical Examination (IME) Your first reaction could be to wonder the reason why a doctor who does not know you or your medical history and the particulars of your incident is required to conduct an examination. This type of examination is required under Washington law, can be beneficial to your case. IMEs are usually performed by doctors who are employed by the defendant’s insurance company. They are there to offer a different perspective on your injuries. Avondale injury lawsuit , who are often referred to as “independent” are able to have their own goals and financial interests in reducing the amount of compensation that can be 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 provide a copy to the doctor of the 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. You should not downplay or exaggerate the severity of your injuries to these doctors. They are trained to spot fraudulent behavior, and can use this information at trial.