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What is a Personal Injury Lawsuit? If you've been hurt due to another's actions or inactions, you could be eligible for compensation. To learn more about your legal rights, contact an experienced personal injury lawyer. A personal injury lawsuit is civil dispute in which the plaintiff seeks compensation for their losses. This can include medical bills as well as lost wages and property damage. The process can take several months to a few years. Damages A personal injury lawsuit is a legal action which is filed to force another individual or entity to pay you for the damages that result from an accident. The plaintiff is the injured party and the defendants are accountable. If someone dies as a result of negligence or wrongdoing by others In wrongful deaths, the case are often included in personal injury lawsuits. Damages are usually divided into two categories: punitive and compensatory. Compensatory damages are meant to help the victim get back on track again, including out-of-pocket expenses such as medical bills as well as compensation for pain and suffering. Punitive damages, which are very rare and are designed to punish the offender when they have committed a number of extreme acts. This category includes all expenses that result from the accident or injury. These may include hospital expenses medical expenses, doctor's charges and physical therapy costs. Certain claims could also include additional costs, like transportation costs to and from appointments or the need to modify your home to accommodate a permanent disability. Non-economic damage can also be described as “pain and suffer” damages. These damages are harder to quantify and include the emotional stress and mental anguish that accidents can cause. Based on the extent of your injuries, your lawyer will help you determine the value of the damages. This could be based on your ability to enjoy activities you were previously able to enjoy or your loss of consortium with family members. Statute of limitations A legal rule known as the statute of limitation requires that anyone who is injured in an accident file an action before a specific date or their claim will be dismissed. This is done to prevent evidence from being lost or lost, and to prevent people from dragging incident-related litigation out indefinitely. The exact time limit is different from one state to another, but most personal injury lawsuits have a time limit of two to four years. However there are exceptions that may extend the time that a victim must file their claim and they should seek legal advice when to determine whether or not your case falls under one of these exceptions. The statute of limitations only applies to lawsuits filed in court. Insurance claims are usually used to resolve injury cases and do not require formal lawsuits. Even so, it is important to allow yourself plenty of time to take legal action in the event that negotiations do not follow the plan or there is a problem that cannot be easily addressed through the insurance system. Certain circumstances can stop the clock on the statute of limitations, however they are extremely rare and have to be considered on a case-by case basis. For instance, the statute of limitations may not begin to run until a victim discovered or reasonably should have discovered that their injury was caused by someone else's negligence, and in some states, such as New York, the statute of limitations is different for claims against municipalities. Complaint A personal injury lawsuit is a civil case brought by an injured person against the person or entity who caused the injury. It claims that the defendant violated the duty of care, that the breach caused harm and losses to the plaintiff, and that the defendant is liable for those damages. The first document filed in a personal injury lawsuit is referred to as the complaint. It includes specific allegations regarding the incident that caused your injuries and outlines the damages you're seeking. It also includes 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 file an answer to the complaint within a certain time frame, and will either admit or deny the allegations made 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 depends on solid evidence, including medical documents and testimony from witnesses. We work closely with our clients to ensure that all relevant information is collected and included in the case. You Tube will also help us negotiate with the attorney for the defendant or insurance agents to obtain the best settlement possible. 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 also prove that you suffered injuries as a result of your accident, and that the injuries you sustained are worthy of financial compensation. It's a long procedure, but it's at the trial that you will find out if you receive the damages you deserve. In a trial before a jury, your lawyer will argue that the defendant is accountable and must pay you for your losses. The defendant will argue that their actions do not contribute to the accident, which will prevent them from having to pay you for your losses. You must attend a pre-trial discussion before you can proceed with the trial. This is often the first time your case will be subject to deadlines that are set by the Court itself. It is also the time when your attorney will discuss the case with the defense. A judicial registrar, also known as an individual from the court staff, typically holds preliminary conferences. All parties must attend the preliminary conference in person, unless the case is handled in accordance with the New York's Differentiated Case Management Rule or the Rules are exempted in other ways. If a party cannot attend in person, they are able to participate via telephone or on the internet with the approval of the convenor. If your case is scheduled to be a part of the Differentiated Case Management program, an initial conference can provide an opportunity to determine whether your case falls under one of the three classifications that are expedited, standard, or complex. Bill of Particulars When a summons and complaint are filed, the defendants named in the lawsuit have the option of having twenty or thirty days to file an Answer (although this deadline can be extended if the court gives permission). After the Answer is filed, the case moves into what is known as the discovery phase. In this phase both sides exchange information in the form of written demand for discovery and depositions. At 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 – usually an award of money damages. The Bill of Particulars is intended to inform the defendant notice of the specific legal claims being filed so that he or she can effectively prepare for trial. The court must examine a Bill of Particulars before it can be complied with. In general, a court will only be able to abide by the Bill of Particulars if it isn't vague or overly broad. A Bill of Particulars should be limited to the specific acts of negligence being claimed and should not contain new claims. For instance, in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. 1994) the court granted the motion to strike references to intentional and willful actions from a medical malpractice claim. The court will also not allow a new doctrine to be introduced at a point in the case that is unreasonable late. To avoid prejudice, a belated amendment to the Bill of Particulars should only be allowed if accompanied by an affidavit offering an adequate explanation for the lateness of the amendment. Physical Examination If a defense attorney, or an insurance company demands that you attend an Independent Medical Examination (IME) Your first reaction might be to ask why a doctor who does not know you or your medical history and the particulars of your incident is requested to conduct an exam. This type of examination is required by Washington law, could be beneficial to your case. IMEs are usually conducted by doctors hired by the defendant’s insurance company. Their goal is to provide an alternative perspective on your injuries. These physicians, who are sometimes referred to as “independent” are able to have their own agendas 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 provide an IME doctor with a copy 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 the doctors. They are trained to spot dishonesty, and could utilize this information in court.