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What is a Personal Injury Lawsuit? You may be entitled to compensation if you were injured as a result of the actions or inactions of a third party. Contact a seasoned personal injury attorney to learn more about your rights. A personal injury lawsuit is a civil action where the plaintiff is seeking compensation for their losses, which include medical expenses, lost wages, property damage and other expenses. The process can take anywhere from several months to a few years. You Tube is a legal proceeding to force another person or entity to pay compensation for the damage caused by an accident. The plaintiff is the one who was injured, and the defendants are responsible. When someone dies as a result of the inattention or negligence of others, wrongful death cases may be part of personal injury lawsuits. The damages a victim suffers are usually broken down into two groups which are: punitive and compensatory. Compensatory damages include medical bills as well as pain and suffering compensation, and other out-of-pocket expenses. Punitive damages are uncommon and are designed to punish the offender for extreme behavior. The first category of damages is often referred to as “economic damages.” This includes 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 expenses. Some claims could also cover additional expenses, such as transportation costs to and from appointments or modifications to your home to accommodate a permanent disability. Non-economic damages are commonly described as “pain and suffering” damages. They are more difficult to quantify and include the emotional distress, mental suffering and anguish that an accident can cause. Your lawyer can help you evaluate these damages based upon the severity of your injury. It could be based on the ability to participate in activities that you were previously able to enjoy or your loss of consortium 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 specific time period or their claim will be dismissed by the courts. This is done to prevent evidence from being lost or lost, and also to stop people from dragging incident-related litigation out for an indefinite period. The exact time limit varies from one state to another, but most personal injury claims have a time frame of between two and four years. However there are exceptions that can extend the time a victim has to submit their claim. They should seek legal advice for help to determine whether or not their case falls within one of these exceptions. The statute of limitations is only applicable to lawsuits that are filed in court. Insurance claims are typically used to resolve injuries and do not require formal lawsuits. It is nevertheless important to give yourself enough time to start a lawsuit in the event that insurance negotiations do not go as planned or if a problem arises which cannot be resolved through insurance. Some circumstances can pause the clock on the statute of limitations, but they are extremely rare and have to be considered on a case-by-case basis. For example the statute of limitations may not start to run until the victim discovers or ought to have realized that their injuries were caused by someone else's negligence, and in certain states, such as New York, the statute of limitations differs for claims against municipalities. Complaint A personal injury lawsuit is a civil case initiated by a victim against the person or entity who caused the injury. It claims that the defendant violated their duty of care and that this breach caused harm and losses for the plaintiff. The defendant is accountable for the damages. The first document you file with a personal injury lawsuit is called the complaint, and it includes specific allegations regarding the incident that led to your injuries. It also lists the damages you're seeking. The complaint also contains the “prayer of relief” which outlines what you want the court to do. The complaint must be served to the defendant with a summons that is a notice that they are being sued. After the complaint is filed, the defendant has to respond to the complaint within a certain time period, and they must either accept or deny the allegations in the complaint. The defendant can also file a counterclaim against the plaintiff or introduce 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 gather can also assist us to negotiate with defense attorneys or insurance companies to get the best possible settlement offer. Preliminary Conference In a personal injury case your lawyer must demonstrate that the defendant's negligence caused your accident. You must also prove that you suffered injuries as a result of your accident, and that your injuries are a valid reason for financial compensation. It can be a lengthy process, but the trial is where you'll be able to decide if you'll get the damages you deserve. In the trial before a jury your lawyer will argue for the defendant's responsibility and they will argue that they have to pay for your losses. The defendant will provide evidence that their actions do not contribute to the accident, which will prevent them from having to compensate you for your losses. You must attend a pre-trial meeting prior to proceeding with the trial. This is often the first time that your case will be subject to deadlines set by the Court itself. This is also the time where your lawyer will discuss the case with the defense. A judicial registrar, or an official of the court's staff, typically conducts preliminary conferences. 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 exempted in other ways. If a party is not able to attend in person, the convenor can permit them to participate via phone or via the internet. If your case is scheduled to be a part of the Differentiated Case Management program, a preliminary conference will also be an opportunity to identify whether your case falls within one of the three categories 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 timeframe is able to be extended by the court). Once the Answer is filed, the case enters what is known as the discovery phase. In this phase the parties exchange information in the form of written demand for discovery and depositions. The lawyer for the plaintiff prepares a Bill of Particulars at the conclusion of the discovery. The document is a legal declaration of claims and the relief sought, usually an award of money damages. The Bill of Particulars is intended to inform the defendant notice of the specific legal claims being made so that he or she is able to effectively prepare for trial. The court must review the Bill of Particulars before it can be complied with. Generally speaking, the court will only accept a Bill of Particulars that is not vague or overly broad. A Bill of Particulars should be limited to the specific acts of negligence being claimed and should not add new claims. For example, in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. 1994) The court ruled in favor of a motion to strike all references to intentional and willful acts from a medical negligence claim. In the same way, the court will not allow the addition of a new theory of recovery at an unreasonable late point in the action. To avoid causing prejudice any late amendment to a Bill of Particulars must be supported by an affidavit that gives a reasonable explanation of the lateness of this amendment. Physical Examination It is possible to ask why a doctor who doesn't know you or your medical history and is unfamiliar with the specifics of your incident, would be required to conduct a medical examination. This type of examination, which is required by 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 their goal is to offer a different perspective on your injuries. These physicians, who are sometimes called “independent”, have their own goals and financial interests in reducing the amount of compensation which can be awarded to injured victims. Your Orange County personal injury attorney will ensure that you are aware of what to expect from an IME and will give the doctor with a copy of the relevant medical records. Your lawyer will be present during the IME to ensure that the questions asked by the doctor are in accordance with your medical records. It is essential to not play with the extent of your injuries with these doctors, as they are trained to recognize fraud and could use this information against you at trial.