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What is a Personal Injury Lawsuit? If you've been hurt by another person's actions or inactions, you could be able to recover compensation. Contact a knowledgeable personal injury lawyer to learn more about your rights. A personal injury lawsuit is civil litigation where the plaintiff seeks compensation for their losses. This can include medical bills or lost wages, as well as property damage. The process can run from a few months to several years. Damages A personal injury lawsuit is a legal process which is filed to compel another person, or entity to pay you compensation for damages caused by an accident. The injured party is known as the plaintiff, while the parties responsible are referred to as defendants. Personal injury cases can include the wrongful death of a person who dies due to the negligence or wrongdoing of others. Damages are usually classified into two categories: punitive and compensatory. Compensatory damages include medical bills as well as pain and suffering compensation and other out-of pocket expenses. Punitive damages are rare and are designed to punish the perpetrator for their extreme behavior. This category includes all expenses caused by the accident or injury. This could include hospital bills as well as doctor's fees and therapy costs. Some claims could also cover additional expenses, such as travel costs to and from appointments, or the need to modify your home to accommodate a permanent disability. Non-economic damages can also be described as “pain and suffer” damages. These damages are difficult to quantify and comprise the emotional distress and mental stress that accidents can cause. Based on the severity of your injuries, your lawyer will help you determine the value of these damages. This may be based on your ability to do activities you used to or your loss in consortium with your family. Statute of limitations A legal requirement, known as the statute of limitations, any person who is injured in an accident must make a claim within a certain time frame or their claim will be dismissed by the courts. This is to protect evidence from being lost or forgotten and to stop people from drag out incident-related litigation indefinitely. The exact time limit differs from one state another, but most personal injury claims have a time limit of two to four years. There are certain exceptions to the time limit for filing an injury claim. If you need help in determining whether your case falls under one of these exceptions, it is recommended to seek legal advice. A key aspect of the statute of limitations is that it only applies to the filing of an action in a court. A majority of injuries cases are resolved through the insurance claim process and do not require a formal lawsuit filing. It is nevertheless important to give yourself enough time to bring a lawsuit in the event that insurance negotiations aren't as smooth as you had hoped, or if a problem occurs that is not resolved by insurance. Certain circumstances can stop the clock on the statute of limitations however, these situations are very rare and have to be evaluated on an individual basis. The statute of limitations may not start until the person discovers or should have known that the injury resulted from someone else's negligence. In certain states, such as New York, it is different for claims made against municipalities. Complaint A personal injury lawsuit is filed by the victim against the person who caused the injury. Newton injury attorneys YouTube claims that the defendant breached a duty of care, that this breach caused harm and losses to the plaintiff and that the defendant should be held liable for those damages. The first document you file with a personal injury lawsuit is referred to as the complaint, and it includes specific allegations regarding the incident that caused your injuries. It also outlines the damages you are seeking. It also includes an “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 notice that they are being sued. After the complaint is filed, the defendant has to respond to the complaint within a specific time frame, and may either deny or admit the allegations made in the complaint. The defendant can also file a counterclaim, or add a third party defendant to the case as a third party defendant. A successful personal injury lawsuit is based on solid evidence, including medical documents and witness testimony. We collaborate closely with our clients to ensure that all relevant information is gathered and included in the case. The evidence will also assist us negotiate with the attorney of the defendant or insurance agents to obtain the best settlement possible. Preliminary Conference In a personal injury case your lawyer must demonstrate that the defendant's negligence caused your accident. You must also prove that you suffered injuries due to your accident and that the injuries you sustained are worthy of financial compensation. This could be a long process however, the trial is when you'll be able to decide if you'll be awarded the damages you're entitled to. In a trial before a jury, your lawyer will argue that the defendant is liable and has to pay for your losses. The defendant will provide evidence that their actions are not related to the accident, which will keep them from having to pay you for your losses. You must attend a pre-trial discussion prior to proceeding with the trial. This is typically the first time your case will have deadlines that are set by the Court itself. This is also the time when your attorney will discuss the case with the defense. Preliminary conferences are typically conducted by a judicial registrar, or an individual from the court's staff. Unless the case is being handled under 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 person is unable to attend in person, the convenor can permit them to participate via telephone or online. If your case is part of the Differentiated Case Management Program, the initial meeting provides an opportunity to determine whether your case falls within one of three categories – expedited standard or complex. Bill of Particulars After the complaint and summons have been filed, the defendants named in the lawsuit will have between twenty and thirty days (although this deadline is able to be extended by the court). After the Answer has been filed, the matter moves into the discovery phase. During this time, both sides exchange information in the form of 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 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 that are made so that they can prepare for trial. Before a Bill of Particulars can be followed, it has to be reviewed by the court. Generally speaking, the court will only accept a Bill of Particulars that is not vague or broad. A Bill of Particulars must only include the specific acts of negligence that are being claimed, and not add any new claims. For instance in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. 1994), the court sustained a motion to strike all references to willful and intentional actions from a medical malpractice claim. Similarly, the court will not allow the introduction of a new doctrine of recovery at an unreasonable late point in the action. To avoid prejudice, a late amendment to a Bill of Particulars must be supported by an affidavit that provides a reasonable explanation for the tardiness of the amendment. Physical Examination You might be wondering why a doctor, who doesn't know you, or your medical history, and isn't familiar with the specifics of your accident, should be required to conduct a medical exam. However, this kind of examination is actually required under Washington law, and it can be helpful to your case. Typically, IMEs are conducted by medical doctors who are employed by the insurance company representing the defendant and their aim is to provide a different perspective to your injuries. Although they are often called “independent,” these physicians – just like the insurance companies have their own agendas and financial interest in cutting down on the amount of compensation that could be given to a victim of injury. Your Orange County personal injury attorney will ensure that you are aware of what you can expect from an IME and will provide an IME doctor with a copy of the relevant medical records. Your lawyer will also be present at the IME and will make sure that you are being treated with respect and courtesy by ensuring that doctors ' questions aren't divergent from the ones you have in 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 use this information at trial.