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What is a Personal Injury Lawsuit? If you have been injured through the actions or inactions, you may be entitled to compensation. Contact an experienced personal injury lawyer to find out more about your rights. A personal injury lawsuit is a civil matter where the plaintiff is seeking compensation for their losses, which include medical bills, lost wages, property damage and other expenses. The process can take several months to several years. Damages A personal injury lawsuit is an action to compel a person or entity to pay you money for damages related to an accident. The plaintiff is the one who was injured, and the defendants are accountable. If someone dies as a result of the negligence or wrongdoing by others the wrongful death case may be part of personal injury claims. Damages are usually divided into two categories: punitive and compensatory. Compensation damages are based on medical bills as well as pain and suffering compensation, and other out of pocket expenses. Punitive damages, which are not common and are designed to punish the offender if they have committed extreme acts. This category covers all expenses caused by the injury or accident. These may include hospital expenses as well as doctor's fees and therapy costs. Some claims may also include additional expenses, such as transportation costs to and from appointments or home modifications to accommodate a disability that is permanent. Non-economic damages can also be referred to by the term “pain and suffer” damages. These damages are difficult to quantify, and include the emotional stress and mental stress that an accident can cause. Depending on the extent of your injuries, your lawyer will assist you to determine the value of the damages. This might be based on the ability to continue enjoying the activities you used to do or the loss of your relationship with family members. Statute of Limitations A legal rule known as the statute of limitations obliges anyone injured in an accident file a lawsuit before a certain date or their claim will be dismissed. This is to protect evidence from being lost or lost in the shuffle and to prevent people from dragging out litigation related to an incident for a long time. The time frame for filing a claim is different from one state to another, but the majority of personal injury lawsuits have a time limit of two to four years. There are certain exceptions to the time to file an injury claim. If you require assistance to determine if your claim is one of these exceptions, then it is recommended that you seek legal advice. One of the main facets of the statute of limitations is that it applies only to the filing of an action in a court. Many injury cases are resolved through the process of claiming insurance and do not require formal lawsuit filing. It is still important to allow yourself enough time to bring a lawsuit in the event that negotiations with insurance do not go as planned or if a problem arises which cannot be resolved through insurance. Certain circumstances can stop the clock on the statute of limitations, however they are extremely rare and have to be evaluated on a case-by case basis. For example the statute of limitations might not begin to run until the victim discovers or reasonably should have discovered that their injury was caused by another person's negligence, and in some states, such as New York, the statute of limitations is different for claims against municipalities. Complaint A personal injury lawsuit is filed by the victim against the party who caused the injury. The plaintiff claims that the defendant breached a duty of care, and that the breach caused harm and loss 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 lawsuit. It provides detailed details regarding the incident that led to your injuries and the damages you seek. It also includes the “prayer for relief” that describes what you want the court to do. The complaint and summons must be handed over to the defendant. After the complaint is filed, the defendant is required to file an answer to the complaint within a specified timeframe, and will either admit or deny the allegations made in the complaint. The defendant can also make a counterclaim against the plaintiff or bring in a different defendant as third-party defendant. A successful personal injury lawsuit is based on solid evidence, which includes medical documents and witness testimony. We work closely together with our clients to gather all relevant information and then include it in the case. The evidence will also help us negotiate with the defendant's attorneys or insurance agents to obtain the best settlement offer possible. Preliminary Conference In a personal-injury lawsuit your lawyer must show that negligence on the part of the defendant caused your accident. You must also prove that you suffered injuries due to your accident and that those injuries warrant financial compensation. It's not an easy process, but it's at the trial that you'll finally know if you will be awarded the compensation you deserve. In a jury trial, your lawyer will argue that the defendant is accountable and has to pay for the losses you suffered. The defendant will present evidence to prove that their actions were not related to the accident. This will prevent the defendant from paying for your losses. Before you can proceed to trial you must attend a preliminary conference. This is usually the first time your case will be subject to deadlines that are set by the Court itself. This is also the time when your attorney will be discussing the case with the defense. A judicial registrar, also known as an official of the court's staff, typically conducts preliminary conferences. All parties must attend the preliminary 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 is not able to attend in person, the convenor is able to allow them to participate by phone or online. If your case is scheduled to be part of the Differentiated Case Management program, the preliminary conference will be a chance to determine whether your case falls under one of the three classifications that are expedited, standard, or complex. Bill of Particulars After the complaint and summons have been filed, the defendants named in the lawsuit will be given between twenty and thirty days (although this deadline may be extended by the court). When the Answer is filed, the case is moved to what is called the discovery phase. During this stage both parties exchange information through written discovery demands and depositions. At the conclusion of discovery The attorney for the plaintiff prepares what is known as a Bill of Particulars. This document provides the legal claims being made and the relief sought, usually an award of money damages. Jersey City of Particulars is meant to inform the defendant of the specific legal claims that are made to help them 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 neglect that are being asserted and not include 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 any references to willful or intentional actions in a medical malpractice case. The court will also not allow a new theory to be introduced at an stage in the litigation that is unreasonablely late. To avoid adverse consequences, a late amendment to a Bill of Particulars should only be allowed if accompanied by an affidavit offering a reasonable excuse for the lateness 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 could be to wonder why a doctor who does not know you or your medical history and the particulars of your injury is required to conduct an examination. This type of examination is required under Washington law, could be beneficial to your case. Typically, IMEs are conducted by doctors medical who are hired by the defendant's insurance company and aim to offer an alternative view of your injuries. These doctors, sometimes called “independent”, have their own agendas and financial stakes in reducing the compensation that can be paid to victims. If you decide to go through an IME If you decide to undergo an IME, your Orange County personal injury lawyer will make sure that you are well-informed about what to expect and will provide the complete set of medical records to the doctor to review. Your lawyer will be present during the IME to ensure that the questions asked by the doctor are in accordance with your medical records. Do not underplay or exaggerate the severity of your injuries to the doctors. They are trained to detect fraudulent behavior, and can utilize this information in court.