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What is a Personal Injury Lawsuit? If you've been injured due to another's actions or inactions, you may be eligible for compensation. Contact a knowledgeable personal injury lawyer to find out more about your rights. A personal injury lawsuit is a civil matter in which the plaintiff seeks money to compensate for their losses, including medical bills, lost wages, property damage, and other costs. The process can last from several months to several years. Damages A personal injury lawsuit is an action to compel a person or entity to pay you compensation for the damages resulting from an accident. The plaintiff is the one who was injured, and the defendants are accountable. When someone dies as a result of inattention or negligence of others In wrongful deaths, the case can be included in personal injury lawsuits. A victim's damages are typically broken down into two groups which are: punitive and compensatory. Compensation damages can include medical bills, pain and suffering compensation and other out-of pocket expenses. Punitive damages are not common and are designed to punish the wrongdoer for extreme conduct. The first category of damages is usually called “economic damages.” This is the term used to describe any out-of-pocket costs resulting from the accident and injuries. These may include hospital expenses as well as doctor's fees and therapy costs. In some instances additional expenses, such as the cost of traveling to and from appointments, or changes to your home for permanent disabilities may be included in the claim. Non-economic damages are also described as “pain and suffer” damages. These are more difficult to quantify and include the mental and emotional stress, anguish and suffering that an accident can cause. Your lawyer will assist you to evaluate these damages based upon the severity of your injury. This may be based on your ability to carry out the things you did before or your loss in consortium with your family. Statute of Limitations A legal requirement known as the statute of limitations requires that anyone who is injured in an accident should file an action before a specific date or else the claim will be dismissed. This is done to prevent evidence from being forgotten or lost and to stop individuals from dragging litigation relating to incidents out for an indefinite period. The exact time frame varies from state to state, however personal injury claims generally have a two- to four-year limitation. There are certain exceptions to the limit for filing a claim. If you need help in determining whether your case is one of these exceptions, then it is recommended to seek legal advice. One of the main facets of the statute of limitations is that it only applies to the filing of a lawsuit in a court. Insurance claims are typically used to resolve injury cases and do not require formal lawsuits. It is important to give yourself enough time to file a lawsuit in the event that insurance negotiations do not go as planned or if there is a problem that cannot be resolved with insurance. Some circumstances can pause the clock on the statute of limitations, however they are not common and have to be considered on a case-by case basis. The statute of limitations may not begin until the victim is aware or should have known that the injury resulted from someone else's negligence. In some states, such as New York, it is different for claims against municipalities. Complaint A personal injury lawsuit is filed by the victim against the person who caused the injury. Bend injury attorney YouTube claims that the defendant breached their duty of care, and that the breach caused damage and losses for the plaintiff. The defendant is then accountable for the damages. The first document filed in a personal injury lawsuit is called the complaint, and it contains detailed allegations about the incident that led to your injuries. It also outlines the damages you're seeking. The complaint also contains a “prayer for relief” that outlines what you would like the court to do. The complaint must be served on the defendant, along with a summons which is a notification that they are being sued. After the complaint is filed, the defendant has to respond to the complaint within a specified time period, and they may either deny or admit the allegations in the complaint. The defendant can also file a counterclaim, or add a third party defendant to the case by naming a third party defendant. A successful personal injury lawsuit depends on solid evidence, including medical records and testimony from witnesses. We work closely together with our clients to collect all relevant information and include it in the case. The evidence we collect can also assist us to negotiate with the defendants' lawyers or insurance agents to negotiate the most favorable settlement offer. Preliminary Conference In a personal injury case your lawyer must demonstrate that the defendant's negligence caused your accident. You must be able to prove that you sustained injuries as a result of your accident, and that your injuries are a valid reason for financial compensation. It's a long process, but it is at the trial that you will find out if you be awarded the compensation you deserve. In a trial before a jury, your lawyer will argue that the defendant is responsible and has to pay for the losses you suffered. The defendant will present evidence to show that their actions were unrelated to the accident. This will prevent them from settling your losses. Before proceeding to trial you must attend a preliminaries conference. This is the first time that 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. A judicial registrar, or an official from the court staff, usually conducts preliminary conferences. All parties must attend the initial conference in person, unless the case is handled in accordance with New York's Differentiated Case Management Rule or the Rules are exempted in other ways. If a party is unable to attend in person, the convenor is able to allow them to participate by 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 under one of three categories – advanced standard or complex. Bill of Particulars After the summons and complaint have been filed, the defendants named in the lawsuit will have between twenty and thirty days (although this time frame can be extended by the court). Once the Answer has been filed, the case is moved into what is called the discovery phase. In this phase the parties exchange information through written demands for discovery and depositions. The plaintiff's lawyer prepares the Bill of Particulars at the conclusion of the discovery. This document outlines legal claims and the relief sought, usually an award of money damages. The Bill of Particulars is meant to inform the defendant of the specific legal claims being made, so that they can prepare for trial. Before a Bill of Particulars can be followed, it has to be scrutinized by the court. Generally, the court will only accept a Bill of Particulars that is not vague or broad. A Bill of Particulars should be limited to the specific acts of negligence asserted and should not include new claims. For instance in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. In 1994, the court affirmed the motion to strike out the reference to willful or deliberate actions in a medical malpractice case. In the same way, the court will not allow the introduction of a new theory of recovery at an unreasonable late stage in the case. In order to avoid resultant adverse consequences, a late amendment to the Bill of Particulars should only be allowed if accompanied by an affidavit offering an adequate explanation for the lateness of the amendment. Physical Exam If a defense attorney, or an insurance company requests that you attend an Independent Medical Examination (IME), your natural first instinct might be to ask the reason a doctor who may not know you, your medical history, and the details of your incident is required to conduct an examination. However, this kind of examination is actually an obligation under Washington law and could be beneficial to your case. Typically, IMEs are conducted by medical doctors who are employed by the defendant's insurance company and aim to offer a different view of your injuries. While they are sometimes called “independent,” these physicians – just like the insurance companies – have their own agenda and financial interest in cutting down on the amount of compensation that may be awarded to an injured victim. If you choose to undergo an IME, your Orange County personal injury lawyer will make sure that you are well-informed about what to expect. They will provide a copy of all relevant medical records for the doctor to look over. Your lawyer will be present during the IME to make sure that the questions asked by the doctor are in line with your medical records. It is not advisable to downplay or exaggerate the severity of your injury to the doctors. They are trained to detect fraud, and may use this information at trial.