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What is a Personal Injury Lawsuit? If you've been injured by another person's actions or inactions, you may be able to recover compensation. To learn more about your legal rights get in touch with a seasoned personal injury lawyer. A personal injury lawsuit is civil dispute where the plaintiff seeks compensation for their losses. This includes medical expenses or lost wages, as well as property damage. The process can take anywhere from several months to several years. Damages A personal injury lawsuit is an action to compel another person or entity to pay money for damages related to an accident. The plaintiff is the injured party and the defendants are the parties responsible. Personal injury cases may include the wrongful death of a person who dies due to the negligence or wrongdoing of others. A victim's damages are typically divided into two categories that are 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 rare, are meant to punish the wrongdoer if they have committed extreme actions. The first category of damages is typically referred to as “economic damages.” This covers any out-of-pocket costs resulting from the accident and injuries. This could include doctor's fees, hospital costs and physical therapy expenses. Certain claims could also include additional costs, like transportation costs to and from appointments, or the need to modify your home to accommodate a permanent disability. Non-economic losses are often called “pain and suffering” damages. These damages are harder to quantify, and include the emotional stress and mental anguish that an accident can cause. Based on the severity of your injuries, your lawyer will help you estimate the value of these damages. This may be based on your capacity to perform the things you did before or your loss of consortium with family. Statute of Limitations A legal requirement known as the statute of limitation stipulates that anyone injured in an accident file an action before a specific date or else their claim will be dismissed. This is to stop evidence from being forgotten or lost, and also to stop individuals from dragging litigation relating to incidents out for a long time. The exact duration of the time limit varies 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 a claim. If you need help to determine if your claim falls within one of these exceptions, then it is recommended to seek legal advice. The statute of limitations applies only to lawsuits filed in court. Insurance claims are typically used to resolve injury cases and do not require formal lawsuits. It is nevertheless essential to allow yourself sufficient time to bring a lawsuit in the event that insurance negotiations aren't as smooth as you had hoped, or if a problem occurs which cannot be resolved through insurance. Certain circumstances may stop the statute of limitations clock, but these instances are extremely rare and need to be considered on an individual case-by-case basis. The statute of limitation may not start until the person is aware or should have known that the injury resulted from someone else's negligence. In certain states, like New York, it is different for claims made 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 this breach caused harm and losses to the plaintiff, and that the defendant is liable for those damages. The complaint is the first document that is filed in a personal injury lawsuit. It includes specific allegations regarding the incident that led to your injuries and the damages you are seeking. The complaint also contains a “prayer of relief” which describes what you want the court to do. The complaint and summons must be given to the defendant. The defendant must respond to the complaint within specific time limits and either admit or deny all allegations made in the complaint. The defendant may also make a counterclaim against the plaintiff or bring in a different defendant as a third-party defendant. A successful personal injury lawsuit is based on solid evidence, such as 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 will also help us negotiate with the attorney of the defendant or insurance representatives to get 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 that you suffered injuries in your accident and that these injuries are worth an amount of money. This can be a long process however, the trial is where you can finally determine whether you'll receive the compensation you deserve. In a trial before a jury your lawyer will argue the defendant's liability and that they must compensate you for your losses. The defendant will present evidence to show that their actions are not connected to the accident. This will prevent them from paying you for your losses. Before proceeding to trial you must attend a preliminary conference. This is often the first time that your case will have deadlines established by the Court itself. This is also the time where 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 not able to attend in person, the convenor is able to permit them to participate via telephone or online. If your case will be 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 namely advanced standard or complex. Bill of Particulars After the complaint and summons are filed, the defendants named in the lawsuit will have twenty to thirty days (although this deadline may be extended by the court). After the Answer is filed, the case moves into what is called the discovery phase. In this period the parties exchange information in the form of written demands for discovery and depositions. Peoria injury lawsuits prepares a Bill of Particulars at the conclusion of the discovery. The document details the legal claims being made as well as the relief requested – typically the award of damages in cash. The Bill of Particulars is meant to inform the defendant of the specific legal claims made, to help them prepare for trial. The court must look over a Bill of Particulars before it is able to be followed. In general, the court will only accept a Bill of Particulars if it is not vague or broad. A Bill of Particulars should be limited to the specific negligence that is being claimed and should not add new claims. For example in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. In 1994, the court affirmed the motion to strike all any references to willful or intentional acts in a medical malpractice case. In the same way, the court will not allow the introduction of a new doctrine of recovery at an unreasonably late stage in the case. To avoid prejudice, an amendment made late to a Bill of Particulars must be supported by an affidavit which gives a reasonable explanation of the lateness of this amendment. Physical Examination You might be wondering why a doctor who doesn't know you, or your medical history and is unfamiliar with the specifics of your accident, should be asked to conduct a medical 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 insurance company representing the defendant and aim to offer an alternative perspective on your injuries. While they are sometimes referred to as “independent,” these physicians, just like insurance companies have their own agendas and financial interest in decreasing the amount of compensation that could be given to a victim of injury. Your Orange County personal injury attorney will make sure you know what to expect from an IME and will give a copy to the doctor of all pertinent medical records. Your lawyer will also be present at the IME and will ensure that you are being treated in a fair manner by ensuring that the questions of the doctor do not diverge from those in your medical records. It is not advisable to downplay or exaggerate the severity of your injuries to these doctors. They are trained to detect fraud, and may use this information at trial.