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What is a Personal Injury Lawsuit? You could be entitled to compensation if have suffered injuries due to the actions or inactions of a third party. To learn more about your legal rights, contact an experienced personal injury lawyer. A personal injury lawsuit is civil litigant where the plaintiff seeks compensation for their losses. This includes medical expenses or lost wages, as well as property damage. The process can last between a few months and several years. Damages A personal injury lawsuit is a legal action that is taken to compel another person, or entity to compensate you compensation for damages caused by an accident. The plaintiff is the injured party, and the defendants are accountable. Personal injury cases can also include cases of wrongful death when someone dies due to negligence or wrongdoing of others. A victim's damages are typically broken down into two groups: compensatory and punitive. Compensation damages can include medical bills, pain and suffering compensation and other out-of pocket expenses. Punitive damages, which are not common and are intended to punish the perpetrator when they have committed a number of extreme actions. The first type of damages is often known as “economic damages.” This includes any out-of-pocket costs resulting from the accident and injuries. These could include hospital bills, doctor's fees and physical therapy costs. In some cases other expenses such as the cost of travelling to and from appointments, or changes to your home due to permanent disabilities could be included in a claim. Non-economic damages are commonly described as “pain and suffering” damages. These are more difficult to quantify and include the mental and emotional stress, anxiety and suffering that accidents can cause. Your lawyer will help you value these damages based on the severity of your injury. It could be based on the ability to enjoy activities you were previously able to enjoy or the loss of your relationship with family members. Statute of Limitations Under a legal rule called the statute of limitations, anyone who suffers an injury in an accident must file a lawsuit within a specified time or the claim will be dismissed by the courts. This is done to prevent evidence from being forgotten or lost, and also to stop those who delay bringing litigation related to an incident out indefinitely. The exact duration of time differs from state to state however, personal injury claims typically have a two-to four-year limitation. There are certain exceptions to the time to file an injury claim. If you need help in determining whether your case is one of these exceptions, then it is recommended that you seek legal advice. One of the most important aspects of the statute of limitations is that it only applies to the filing of an action in court. Insurance claims are usually used to resolve injury cases and do not require formal lawsuits. But, it's important to leave yourself enough time to pursue legal action in the event that negotiations do not follow the plan or an issue arises that can't be resolved through the insurance system. Some circumstances can pause the clock on the statute of limitations, but they are not common and have to be assessed on a case-by-case basis. For instance the statute of limitations may not start to run until a victim discovered or should have reasonably discovered that their injury was caused by a negligent actions, and in some states, such as New York, the statute of limitations differs for claims against municipalities. Complaint A personal injury lawsuit is filed by the victim against the party who caused the injury. It claims that the defendant breached their duty of care and that this breach resulted in loss and harm to the plaintiff. The defendant is then held accountable for the losses. The first document you file with a personal injury lawsuit is called the complaint, and it contains specific details about the incident that caused your injuries. It also outlines the damages you're seeking. It also contains an “prayer for relief” which outlines what you would like the court to do. The complaint must be served to the defendant with a summons that is a notice that they are being sued. The defendant must respond to the complaint within a set of time limits and either admit or deny all the allegations in the complaint. The defendant can also make a counterclaim against the plaintiff or bring in another defendant as a third-party defendant. A successful personal injury lawsuit depends on solid evidence such as medical documents and testimony from witnesses. We work closely with our clients to ensure that all relevant information is gathered and included in the case. The evidence will also help us negotiate with the attorney of the defendant or insurance companies to negotiate the best settlement possible. Preliminary Conference In a personal injury lawsuit the attorney for you must prove that the defendant's negligence caused your accident. You must also prove you were injured in your accident and that the injuries are worth the amount of financial compensation. It's a long procedure, but it's at the trial that you will be able to determine if you be awarded the compensation you deserve. In a jury trial, your lawyer will argue that the defendant is accountable and is required to compensate you for your losses. The defendant will provide evidence to show that their actions were not related to the accident. This will prevent them from paying you for your losses. Before you can proceed to trial you must attend a preliminaries conference. This is usually the first time your case will be subject to deadlines established by the Court itself. It is also the time that your lawyer will discuss the case with the defense. Preliminary conferences are typically conducted by a judicial registrar or an individual from the court's staff. All parties must attend the initial conference in person, unless the case is handled by the New York's Differentiated Case Management Rule or the Rules are otherwise exempted. If a party is unable to attend in person, the convenor may permit them to attend via telephone or online. If your case is part of the Differentiated Case Management Program, a preliminary meeting is also an opportunity to determine if your case falls within one of three categories: complicated or expedited standard. Racine injury lawsuits of Particulars After a complaint and summons are filed, the defendant parties who are named in the lawsuit have twenty or thirty days to submit an Answer (although this time frame can be extended with the court's consent). When the Answer is filed, the case is moved to what is called the discovery phase. During this time both sides exchange information in the form of written demand for discovery and depositions. The plaintiff's lawyer prepares a Bill of Particulars at the end of 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 intended to put the defendant on notice of the specific legal claims being made, so that they can effectively prepare for trial. The court must review a Bill of Particulars before it is allowed to be enforced. In general, the 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 neglect that are being claimed, and not add any new claims. For instance, in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. In 1994, the court upheld a motion to strike any references to willful or intentional acts in a medical negligence case. In the same way, the court will not permit the addition of a new theory of recovery at an unreasonable late stage in the case. To avoid prejudice, a late amendment to the Bill of Particulars must be supported by an affidavit that provides a reasonable explanation for the tardiness of the amendment. Physical Exam When a defense attorney or insurance company demands that you attend an Independent Medical Examination (IME), your natural first instinct may be to question 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. However, this type of exam is actually required under Washington law, and can be helpful to your case. Typically, IMEs are conducted by medical doctors who are employed by the defendant's insurance company and their goal is to offer a different view of your injuries. These doctors, 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 paid to victims. 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 also be present at the IME and can ensure that you are being treated fairly by ensuring that the doctors questions do not deviate from those in your medical records. It is essential to not play up or down the severity of your injuries to these doctors, as they are trained to spot dishonesty and may utilize this information against you at trial.