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What is a Personal Injury Lawsuit? If you've been hurt through the actions or inactions, you may be entitled to compensation. Contact an experienced personal injury lawyer to learn 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 a few months to several years. Damages A personal injury lawsuit is a legal proceeding to compel another person or entity to pay compensation for the damages resulting from an accident. The plaintiff is the victim, and the defendants are the parties responsible. If someone dies as the result of carelessness or infractions committed by others, wrongful death cases are often included in personal injury claims. Damages are usually classified into two categories: compensatory and punitive. Compensation damages can include medical bills as well as pain and loss compensation, and other out-of-pocket expenses. Punitive damages, which are not common and are intended to punish the wrongdoer for committing extreme acts. This category covers all expenses incurred as a result of the accident or injury. These may include hospital expenses medical expenses, doctor's charges and physical therapy costs. In some cases, additional expenses like the cost of travelling to and from appointments or modifications to your home to accommodate permanent disabilities may also be included in the claim. Non-economic damages are also described as “pain and suffer” damages. These are more difficult to quantify and are a result of the emotional distress, mental suffering and anguish that an accident can cause. Depending on the severity of your injuries your lawyer can help you determine the value of these damages. It could be based on your ability to participate in activities that you were previously able to enjoy or the loss of your relationship with family members. Statute of Limitations A legal rule known as the statute of limitation obliges anyone injured in an accident should file an action before a specific date or the claim will be dismissed. This is to stop evidence from being forgotten or lost, and to prevent those who delay bringing litigation related to an incident out indefinitely. The time frame for filing a claim is different from one state to another, but most personal injury lawsuits have a time limit of two to four years. There are certain exceptions to the to file an injury claim. If you require assistance to determine if your claim falls within one of these exceptions, it is best to seek legal advice. A key aspect of the statute of limitations is that it applies only to the filing of a lawsuit in a court. Many cases of injury are resolved through the process of filing an insurance claim and do not require a formal lawsuit filing. It is still important to allow yourself enough time to bring a lawsuit in the event that negotiations with insurance aren't as smooth as you had hoped, or if there is a problem that is not resolved by insurance. Certain circumstances can stop the statute of limitations clock however, these situations are very rare and have to be evaluated on a case-by-case basis. The statute of limitations may not be established until the victim is aware or should have known that the injury resulted from someone else's negligence. In some states, like New York, it is different for claims that are made against municipalities. Complaint A personal injury lawsuit is a civil suit initiated by a victim against the person or entity who caused the injury. The plaintiff claims that the defendant breached a duty of care, that the breach caused harm and losses to the plaintiff and that the defendant is liable for those damages. The complaint is the initial document that you file in a personal injury case. It includes specific allegations about the incident that led to your injuries, and the damages you are seeking. It also includes an “prayer for relief” that describes what you want the court to do. The complaint and summons must be delivered to the defendant. After the complaint is filed, the defendant is required to file an answer to the complaint within a specified time frame, and will either admit or deny the allegations made in the complaint. The defendant can also file a counterclaim against the plaintiff or bring in a different defendant as a third-party defendant. A successful personal injury lawsuit is based on solid evidence, including medical documents and testimony from witnesses. We work closely together with our clients to gather all relevant information and include it in the case. The evidence will also assist us negotiate with the attorney of the defendant or insurance representatives to get the best settlement possible. Preliminary Conference In a personal-injury lawsuit 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 in your accident and that the injuries are worth the amount of financial compensation. It can be a lengthy process, but it's at the trial that you'll finally know if you will receive the damages you are entitled to. In the trial before the jury, your lawyer will argue for the defendant's responsibility and they will argue that they have to pay for your losses. The defendant will present evidence that their actions do not contribute to the accident, which will keep them from having to reimburse you for your losses. You must attend a pre-trial conference prior to proceeding with the trial. This is the first time that your case will be subject to deadlines imposed by a judge. It is also the time that your lawyer will discuss the case with the defense. Union City , also known as an individual of the court staff typically conducts preliminary conferences. If the case is handled by the New York's Differentiated Case Management Rule, or is otherwise exempt from the Rules, all parties are required to be present in person. If a party is unable to attend in person, the convenor is able to allow them to participate by telephone or online. If your case is part of the Differentiated Case Management Program, the initial meeting provides an opportunity to determine if your case falls into one of three categories: advanced standard or complex. Bill of Particulars After the summons and complaint are filed, the defendants named in the lawsuit will have twenty to thirty days (although this time frame may be extended by the court). Once the Answer is filed, the matter moves into what is called the discovery phase. During this stage the parties exchange information via written demands for discovery and depositions. The lawyer for the plaintiff prepares a Bill of Particulars at the end of discovery. This document provides the legal claims being made as well as the relief requested – typically the award of damages in cash. The Bill of Particulars is meant to inform the defendant of the specific legal claims that are made so that they can prepare for trial. The court must look over the Bill of Particulars before it can be complied with. Generally speaking, the court will only comply with a Bill of Particulars that is not vague or broad. A Bill of Particulars should be limited to the specific negligence that is being claimed and should not contain new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ) for instance was a case where the court found that the plaintiff had not been negligent. 1994), the court sustained the motion to strike references to willful and intentional acts from a medical malpractice claim. The court will also not allow a new doctrine to be introduced at any point in the case that is unreasonable late. To avoid causing prejudice any late amendment to the Bill of Particulars must be supported by an affidavit that gives a reasonable explanation of the delay of this amendment. Physical Examination If a defense attorney or insurance company requests that you take part in an Independent Medical Examination (IME) Your first reaction could be to wonder why a doctor who does not know you and your medical history and the particulars of your injury is requested to conduct an exam. However, this type of examination is actually an obligation under Washington law and can be helpful to your case. Typically, IMEs are conducted by medical doctors who are employed by the insurance company of the defendant and their aim is to provide a different perspective on your injuries. These physicians, who are sometimes referred to as “independent”, have their own goals and financial interests in reducing the compensation that can be given to victims of injuries. If you decide to go through an IME, your Orange County personal injury lawyer will make sure that you are fully informed about what to expect. They will provide a copy of all relevant medical records to the doctor to review. Your lawyer will also be present at the IME and can ensure that you are examined with respect and courtesy by ensuring that questions of the doctor do not diverge from the ones in 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 make use of this information in a trial.