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What is a Personal Injury Lawsuit? If you've been injured through the actions or inactions, you could be entitled to compensation. Contact a knowledgeable personal injury lawyer to find out more about your rights. A personal injury lawsuit is a civil dispute where the plaintiff is seeking money to compensate for their losses, such as medical bills, lost wages property damage, and other costs. The process can run from several months to several years. Damages A personal injury lawsuit is an action to compel another person or entity to pay you money for damages related to an accident. The plaintiff is the victim and the defendants are the parties responsible. Personal injury cases may include cases of wrongful death when someone dies due to the inattention or negligence of others. 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 and are designed to punish the offender if they have committed extreme actions. The first category of damages is usually referred to as “economic damages.” This covers any out-of-pocket costs resulting from the accident and injuries. These could include doctor's bills as well as hospital expenses and physical therapy costs. In certain cases other expenses such as the cost of travelling to and from appointments, or modifications to your home due to permanent disabilities could also be included in the claim. Non-economic damages are also described as “pain and suffer” damages. These damages are more difficult to quantify and include the emotional stress and mental anguish that accidents can cause. Based on the severity of your injuries your lawyer will help you place a value on these damages. This could be based on the ability to carry out the things you did before or your loss in consortium with family. Statute of limitations A legal principle known as the statute of limitation requires that anyone who is injured in an accident should file an action within a specified date or the claim will be dismissed. This is to protect evidence from being lost or forgotten, and to stop people from carrying out incident-related litigation indefinitely. The exact time frame differs from state to state, however, personal injury claims typically have a two-to four-year time limit. However, there are exceptions that could prolong the time that a victim must make a claim, and they should seek legal advice for assistance in determining whether or not their case falls within one of the exceptions. The statute of limitations only applies to lawsuits filed in the court. Insurance claims are typically used to resolve injuries and do not require formal lawsuits. It is important to allow yourself enough time to bring a lawsuit in the event that insurance negotiations do not go as planned or if a problem arises that cannot be resolved with insurance. Certain circumstances may stop the clock of the statute of limitations, but these instances are extremely rare and need to be considered on a case-by-case basis. For example the statute of limitations might not begin to run until the victim discovers or should have reasonably discovered that their injury was caused by someone else's negligent actions, and in certain states, like New York, the statute of limitations differs for claims against municipalities. Complaint A personal injury lawsuit is a civil action filed by an injured party against the person or entity that caused the injury. It claims that the defendant violated a duty of care, and that the breach caused harm and losses to the plaintiff, and that the defendant is accountable for the damages. The complaint is the first document that is filed in a personal injury lawsuit. It contains detailed allegations about the incident that caused your injuries as well as the damages you are seeking. The complaint also includes an “prayer of relief” which describes what you want the court to do. The summons and complaint must be given to the defendant. The defendant must respond to the complaint within specific time frames and either accept or deny all the allegations made in the complaint. The defendant may also file a counterclaim, or add another defendant to the case by naming third party defendant. A successful personal injury lawsuit is built on solid evidence, such as medical records and witness testimony. We work closely together with our clients to gather the relevant information and incorporate it in the case. The evidence we gather will also assist us in negotiate with defendants' attorneys or insurance companies to obtain the best settlement offer. Preliminary Conference In a personal-injury lawsuit 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 due to your accident and that your injuries are a valid reason for financial compensation. This could be a long process, but the trial is when you'll be able to decide if you'll receive the compensation you deserve. In a jury trial your lawyer will argue that the defendant is liable and must pay you for the losses you suffered. The defendant will present evidence that their actions are not related to the accident, which will prevent them from having to reimburse you for your losses. Before you can proceed to trial, you must attend a preliminary conference. This is the first time your case has deadlines set by a court. This is also the time when your lawyer will discuss the case with the defense. A judicial registrar, or an individual of the court staff typically conducts preliminary conferences. All parties must attend the initial conference in person unless the case has been handled in accordance with New York's Differentiated Case Management Rule or the Rules are exempted in other ways. If a party cannot attend in person, they may participate via telephone or on the internet with the permission of the convenor. If your case will be part of the Differentiated Case Management Program, an initial meeting also provides an opportunity to determine if your case falls into one of three categories: complicated or expedited standard. Bill of Particulars After a summons or complaint are filed, the defendant parties named in the lawsuit have either twenty or thirty days in which to respond (although this deadline can be extended with the court's consent). After Allentown injury lawyer You Tube is filed, the matter moves into the discovery phase. During this time both sides exchange information in the form of written demand for discovery and depositions. After the discovery process is concluded, the plaintiff's attorney prepares what is known as a Bill of Particulars. The document details the legal claims that are being made and the relief sought – usually the award of damages in cash. The Bill of Particulars is intended to inform the defendant notice of the specific legal claims being filed so that he or she is able to effectively prepare for trial. The court must look over the Bill of Particulars before it is able to be followed. In general, the court will only be able to abide by a Bill of Particulars if it isn't vague or overly broad. A Bill of Particulars must only include the specific acts of negligence that are being asserted, and not add any new claims. For example, in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. In 1994, the court upheld a motion to strike references to intentional or willful acts in a medical malpractice case. The court will not allow the introduction of a new theory of recovery at a disproportionately late stage in the litigation. To avoid adverse consequences, a late amendment to a Bill of Particulars should only be permitted if supported by an affidavit stating a reasonable excuse for the delay in the amendment. Physical Exam If a defense attorney, or an insurance company demands that you attend an Independent Medical Examination (IME) Your first reaction might be to ask the reason why a doctor who does not know you or your medical history and the details of your injury is required to conduct an examination. This type of examination is required by Washington law, could be beneficial to your case. IMEs are usually performed by doctors who are employed by the defendant’s insurance company. They are there to offer a different view of your injuries. These physicians, who are sometimes called “independent” and have their own agendas and financial stakes in reducing the compensation that is paid to victims. If you decide to go through an IME the Orange County personal injury lawyer will ensure that you are fully informed about what to expect and will provide the complete set of medical records to the doctor to look over. Your lawyer will be present during the IME to ensure that the questions posed by the doctor are in line with your medical records. Do not underplay or exaggerate the severity of your injury to the doctors. They are trained to detect dishonesty, and could make use of this information in a trial.