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What is a Personal Injury Lawsuit? If find more 've been injured by another person's actions or inactions, you may be entitled to compensation. To find out more about your rights under the law to pursue compensation, consult a knowledgeable personal injury lawyer. A personal injury lawsuit is a civil litigation where the plaintiff seeks compensation for their loss. This includes medical bills as well as lost wages and property damage. The process can take anywhere from several months to several years. Damages A personal injury lawsuit is a legal action that is used to compel another person, or entity to pay you for damages resulting from an accident. The injured party is known as the plaintiff, while the parties responsible are referred to as defendants. When someone dies as a result of negligence or wrongdoing by others the wrongful death case can be included in personal injury lawsuits. Damages are usually classified into two categories: punitive and compensatory. Compensatory damages are intended to help the victim get back on track for good, including out-of-pocket costs such as medical bills as well as compensation for pain and suffering. Punitive damages, which are not common and are intended to punish the wrongdoer if they have committed extreme crimes. The first category of damages is typically known as “economic damages.” This covers any out-of-pocket costs resulting from the accident or injury. These may include hospital expenses medical expenses, doctor's charges and physical therapy costs. In some instances other expenses such as the cost of travelling to and from appointments or changes to your home due to permanent disabilities can be included in the claim. Non-economic damages are often described as “pain and suffering” damages. These damages are harder to quantify and comprise the emotional distress and mental stress that an accident can cause. Your lawyer can help you value these damages based on the extent of your injury. This could be based on your ability to continue enjoying the activities you previously enjoyed or your loss of connection 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 certain time frame or the claim will be rejected by the courts. This is to safeguard evidence from being lost or forgotten, and to prevent people from dragging out litigation related to an incident for a long time. The exact time limit is different from one state to another, but most personal injury lawsuits have a time limit of between two and four years. There are some exceptions to the time limit for filing a claim. If you require assistance to determine if your claim is one of these exceptions, then it is recommended to seek legal advice. One of the most important aspects of the statute of limitations is that it is only applicable to the filing of a lawsuit in court. Insurance claims are usually used to settle injury cases and do not require formal lawsuits. Even so, it is important to allow yourself plenty of time to pursue legal action just in case insurance negotiations do not go as planned or there is a problem that cannot be easily addressed through the insurance system. Certain circumstances may stop the clock on the statute of limitations, but they are rare and need to be considered on a case-by-case basis. The statute of limitation may not begin until the victim discovers or should have known that the injury was caused by another's negligence. In some states, such as New York, it is different for claims made against municipalities. Complaint A personal injury lawsuit is a civil case brought by an injured person against the person or entity that caused the injury. It asserts that the defendant breached their duty of care and that the breach caused loss and harm to the plaintiff. The defendant is then held accountable for the losses. The complaint is the primary document that you file in a personal injury case. It includes specific allegations concerning the incident that caused your injuries as well as the damages you want. It also includes an “prayer for relief” that describes what you would like the court to do. The summons and complaint should be handed over to the defendant. After the complaint is filed, the defendant has to submit an answer to the complaint within a certain time frame, and may either deny or admit the allegations made in the complaint. The defendant may also bring a counterclaim against plaintiff or bring in another defendant as a third-party defendant. A successful personal injury lawsuit depends on solid evidence, including medical documents and testimony from witnesses. We work closely together with our clients to collect all relevant information and then include it in the case. The evidence we have will also help us to negotiate with the defense attorneys or insurance agents to get the best possible settlement offer. Preliminary Conference In a personal-injury case your lawyer must show that negligence on the part of the defendant caused your accident. You must be able to prove that you sustained injuries due to your accident and that your injuries are a valid reason for financial compensation. It can be a lengthy process, but it's at the trial that you'll 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 must pay you for your losses. The defendant will argue that their actions are unrelated to the accident, which will keep them from having to reimburse you for your losses. Before proceeding to trial, you must attend a preliminaries conference. This is usually the first time that your case will be subject to deadlines that are set by the Court itself. This is also the time when your attorney will discuss the case with the defense. A judicial registrar, also known as an individual of the court staff usually conducts preliminary conferences. Unless the case is being handled in accordance with New York's Differentiated Case Management Rule, or if it is exempted from the Rules the parties are required to be present in person. If a party is unable to attend in person, the convenor may 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 under one of three categories – expedited standard or complex. Bill of Particulars After a complaint and summons are filed, the defendant parties identified in the lawsuit are given the option of having twenty or thirty days to file an Answer (although this time frame can be extended if the court gives approval). Once the Answer is filed, the case is moved to what is known as the discovery phase. In this phase both parties exchange information through written discovery demands and depositions. The lawyer for the plaintiff prepares the Bill of Particulars at the end of discovery. The document details legal claims and the relief sought – typically the award of damages in cash. The Bill of Particulars is intended to inform the defendant notice of the specific legal claims being made so that he or she can effectively prepare for trial. Before a Bill of Particulars can be followed, it has to be examined by the court. Generally speaking, the court will only abide by a Bill of Particulars that is not overbroad or vague. A Bill of Particulars should be limited to the specific acts of negligence asserted and should not include new claims. For example in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. In 1994, the court upheld the motion to strike all references to intentional or willful actions in a medical malpractice case. The court will not permit a new theory to be added at an point in the case that is unreasonably late. To avoid prejudice, a belated amendment to the Bill of Particulars should only be allowed if accompanied by an affidavit that provides a reasonable excuse for the delay in the amendment. Physical Examination It is possible to ask the reason why a doctor, who isn't familiar with you or your medical history and isn't familiar with the details of your accident, should be required to conduct a medical exam. This type of exam is required by Washington law, can be beneficial to your case. Typically, IMEs are conducted by medical doctors who are employed by the defendant's insurance company and their aim is to provide a different perspective to your injuries. These doctors, sometimes called “independent”, have their own agendas and financial interests in reducing the amount of compensation which can be paid to victims. If you decide to undergo an IME the Orange County personal injury lawyer will ensure that you are well-informed about what to expect and 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 consistent with your medical records. You should not downplay or exaggerate the severity of your injuries to the doctors. They are trained to detect dishonesty, and could make use of this information in a trial.