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What is a Personal Injury Lawsuit? If you've been injured due to another's actions or inactions, you could be able to recover compensation. Contact an experienced personal injury lawyer to learn more about your rights. A personal injury lawsuit is a civil matter where the plaintiff is seeking money to cover their losses, including medical bills, lost wages damages to property and other expenses. The process can last 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 damages resulting from an accident. The plaintiff is the victim and the defendants are the ones accountable. If someone dies as a result of carelessness or infractions committed by others, wrongful death cases may be part of personal injury lawsuits. Damages are usually classified into two categories: punitive and compensatory. Compensation damages are based on medical bills as well as pain and loss compensation, and other out of pocket expenses. Punitive damages, which are very rare, are meant to punish the wrongdoer if they have committed extreme acts. This category includes all expenses caused by the injury or accident. This could include hospital bills, doctor's fees and physical therapy costs. In certain cases, additional expenses like the cost of traveling to and from appointments, or modifications to your home due to permanent disabilities can also be included in the claim. Non-economic losses are often described as “pain and suffering” damages. These are more difficult to quantify and are a result of the emotional distress, mental suffering and anguish that accidents can cause. Your lawyer can help you value these damages based on the severity of your injuries. It could be based on your ability to enjoy activities you used to do or the loss of your relationship with family members. Statute of limitations A legal principle known as the statute of limitation stipulates that anyone injured in an accident should file an action before a specific date or else their claim will be dismissed. This is to prevent evidence from being lost or lost in the shuffle and to stop people from carrying out litigation relating to incidents for an indefinite period. The exact time frame differs from state to state however personal injury claims generally have a two- to four-year limit. There are certain exceptions to the time limit for filing a claim. If you need help in determining whether your case falls under one of these exceptions, it is best to seek legal advice. The statute of limitations only applies to lawsuits that are filed in court. Insurance claims are typically used to resolve injuries and do not require formal lawsuits. It is still essential to allow yourself sufficient time to start a lawsuit in the event that negotiations with insurance don't go as planned, or if there is a problem that cannot be resolved with insurance. A few circumstances can pause the clock of the statute of limitations, but these instances are rare and generally need to be considered on an individual case-by-case basis. The statute of limitations may not begin until the victim discovers or should have known that the injury resulted from someone else's negligence. In certain states, like New York, it 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 alleges that the defendant violated a 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 case. It includes specific allegations regarding the incident that led to your injuries, as well as the damages you are seeking. It also contains 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 that is a notice that they are being sued. After the complaint is filed, the defendant is required to respond to the complaint within a specified timeframe, and may either deny or admit the allegations in the complaint. The defendant can also file a counterclaim or add another defendant to the case as a third party defendant. A successful personal injury lawsuit is built on solid evidence, including medical documents and witness testimony. We work closely with our clients to ensure that all relevant information is collected and included in the case. The evidence can also help us negotiate with the attorney of the defendant or insurance representatives to get the most favorable settlement offer. Preliminary Conference In a personal injury lawsuit, your attorney must prove that the negligence of the defendant led to your accident. You must also prove you suffered injuries in your accident and that your injuries are worthy of the amount of financial compensation. It can be a lengthy procedure, but it's at the trial that you'll be able to determine if you get the compensation you are entitled to. In the trial before jurors, your lawyer will argue the defendant's responsibility and they will argue that they have to compensate you for your losses. The defendant will provide evidence that their actions do not contribute to the accident, which will prevent them from having to compensate you for your losses. You must attend a pre-trial meeting before you can proceed with the trial. This is the first time your case is subject to deadlines set by a court. It is also the time that 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. If the case is handled by New York's Differentiated Case Management Rule, or otherwise exempted from the Rules the parties are required to attend in person. If a party is unable to attend in person, the convenor can allow them to participate by phone or online. If your case is going to be part of the Differentiated Case Management program, the preliminary conference will be an opportunity to identify whether your case falls under one of the three categories that are expedited, standard, or complex. Bill of Particulars After the summons and complaint have been filed, the defendants named in the lawsuit will be given twenty to thirty days (although this timeframe may be extended by the court). Once the Answer is filed, the case is moved to what is called the discovery phase. In this stage, both parties exchange information through written discovery demands and depositions. At the conclusion of discovery, the plaintiff's attorney prepares what is called a Bill of Particulars. This document outlines legal claims and the relief sought, usually 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 review the Bill of Particulars before it is allowed to be enforced. In general, a court will only accept the Bill of Particulars if it 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. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ) for instance, was a case where the court found that the plaintiff was not negligent. 1994) The court ruled in favor of the motion to strike references to willful and intentional acts from a medical malpractice claim. Similarly, the court will not allow the introduction of a new doctrine of recovery at an unreasonably late stage in the litigation. To avoid causing prejudice, a late amendment to the Bill of Particulars must be supported by an affidavit that gives a reasonable explanation of the tardiness of the amendment. Physical Exam When a defense attorney or insurance company requests that you take part in an Independent Medical Examination (IME), your natural first instinct might be to ask the reason why a doctor who does not know you and your medical history and the particulars of your accident is being asked to conduct an exam. However, this type of exam is actually required under Washington law, and could be beneficial in your case. Typically, IMEs are conducted by doctors medical who are hired by the insurance company of the defendant and their goal is to offer a different view of your injuries. Pontiac injury attorneys , often referred to as “independent” are able to have their own goals and financial interests in reducing the amount of compensation which can be awarded to injured victims. Your Orange County personal injury attorney will ensure that you are aware of what to expect from an IME and will give a copy to the doctor of all pertinent 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. It is essential to not play with the extent of your injuries with these doctors, as they are trained to recognize the deceit and may use this information against you at trial.