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What is a Personal Injury Lawsuit? If you've been hurt by another person's actions or inactions, you may be able to recover compensation. Contact a seasoned personal injury lawyer to learn more about your rights. A personal injury lawsuit is a civil matter where the plaintiff is seeking money to compensate for their losses, such as medical expenses, lost wages, property damage, and other costs. The process can last between a few months and several years. Damages A personal injury lawsuit is a process 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 responsible. When someone dies as a result of the inattention or negligence of others the wrongful death case may be part of personal injury claims. A victim's damages are typically broken down into two groups that are punitive and compensatory. Compensation damages are based on medical bills, pain and suffering compensation, and other out of pocket expenses. Punitive damages, which are very rare, are meant to punish the perpetrator if they have committed extreme acts. The first type of damages is usually called “economic damages.” This is the term used to describe any out-of-pocket costs resulting from the accident or injury. This could include doctor's fees or hospital costs, as well as physical therapy expenses. In some instances additional expenses, such as the cost of traveling to and from appointments or changes to your home due to permanent disabilities could also be included in a claim. Lincoln injury attorneys -economic damages are also referred to by the term “pain and suffer” damages. These damages are difficult to quantify, and include the emotional distress and mental stress that accidents can cause. Based on the severity of your injuries your lawyer can help you estimate the value of these damages. This might be based on the ability to continue enjoying the activities you previously enjoyed or your loss of consortium with family members. Statute of Limitations In a legal rule known as the statute of limitations, anyone who suffers injury as a result of an accident must bring a lawsuit within a specific time period or the claim will be rejected by the courts. This is to prevent evidence from being lost or forgotten, and to prevent people from dragging out litigation related to an incident for a long time. The time frame for filing a claim varies from one state to another, but the majority of personal injury claims have a time limit of two to four years. There are certain exceptions to the time period for filing a claim. If you require assistance to determine if your claim falls under one of these exceptions, it is recommended that you seek legal advice. The statute of limitations is only applicable to lawsuits filed in court. Many injury cases are resolved through the process of filing an insurance claim and do not require a formal lawsuit filing. It is still important to give yourself enough time to file a lawsuit in the event that insurance negotiations aren't as smooth as you had hoped, or if a problem arises that is not resolved by insurance. Certain circumstances may stop the clock of the statute of limitations however these cases are very rare and have to be analyzed on a case-by-case basis. For example, the statute of limitations might not start to run until a victim discovered or ought to have realized that their injuries were caused by someone else's negligent actions, and in certain states, such as New York, the statute of limitations is different for claims against municipalities. Complaint A personal injury lawsuit is a civil action initiated by a victim against the person or entity who caused the injury. It asserts that the defendant breached their duty of care and this breach resulted in harm and losses for the plaintiff. The defendant is held accountable for the losses. The complaint is the initial document that you file in a personal injury lawsuit. It provides detailed details regarding the incident that caused your injuries, as well as the damages you are seeking. The complaint also contains an “prayer of relief” which outlines what you want the court to do. The complaint must be served on the defendant, along with a summons, which is a notice that they are being sued. After the complaint is filed, the defendant has to respond to the complaint within a specific time period, and they may either deny or admit the allegations made in the complaint. The defendant can also bring a counterclaim against plaintiff or bring in a different defendant as third-party defendant. A successful personal injury lawsuit is built on solid evidence, which includes medical records and witness testimony. We work closely with our clients to collect the relevant information and incorporate it in the case. The evidence can also help us negotiate with the attorney of the defendant or insurance companies to negotiate the most favorable settlement offer. Preliminary Conference In a personal injury case, your lawyer must prove 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 the injuries you sustained are worthy of financial compensation. This could be a long process however, the trial is where you'll be able to decide if you'll get the damages you deserve. In the case of a trial before the jury the lawyer will argue that the defendant is at responsibility and the need to be held accountable for your losses. The defendant will argue that their actions do not contribute to the accident, which prevents them from having to reimburse you for your losses. Before you can proceed to trial, you must attend a preliminaries conference. This is the first time your case is subject to deadlines set by a judge. This is also the time when your attorney will discuss the issue with the defense. A judicial registrar, also known as an individual of the court's staff, typically holds preliminary conferences. All parties must attend the initial conference in person unless the case is handled in accordance with 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 may allow them to participate by phone or via the internet. If your case will be part of the Differentiated Case Management Program, the initial meeting provides an opportunity to determine if your case falls within one of three categories: expedited standard or complex. Bill of Particulars When a summons and complaint are filed, the defendant parties identified in the lawsuit are given twenty or thirty days to file an Answer (although this deadline can be extended with the court's permission). After the Answer is filed, the case enters what is called the discovery phase. In this phase both sides exchange information in the form of written demand for discovery and depositions. At the conclusion of discovery, the plaintiff's attorney prepares what is called a Bill of Particulars. This document outlines the legal claims being made and the relief sought, usually an award of money damages. The Bill of Particulars is intended to put the defendant on notice of the specific legal claims being filed so that they can effectively prepare for trial. The court must review a Bill of Particulars before it is able to be followed. Generally speaking, the court will only comply with a Bill of Particulars that is not vague or overly broad. A Bill of Particulars must only include the specific acts of neglect that are being asserted and not include any new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ), for example was a case in which the court found that the plaintiff had not been negligent. In 1994, the court upheld a motion to strike the reference to willful or deliberate actions in a medical malpractice case. Similarly, the court will not permit the introduction of a new theory of recovery at an unreasonably late stage in the case. To avoid adverse consequences, a late amendment to the Bill of Particulars should only be allowed when supported by an affidavit offering an acceptable explanation for the lateness of the amendment. Physical Examination If a defense attorney or insurance company demands that you attend an Independent Medical Examination (IME) Your first reaction may be to question the reason a doctor who may not know you or your medical history and the specifics of your accident is being required to conduct an examination. This type of exam, which is required by Washington law, can be beneficial to your case. IMEs are typically performed by doctors who are employed by the defendant’s insurance company. Their goal is to offer a different perspective on your injuries. These physicians, who are often referred to as “independent” are able to have their own agendas and financial stakes in reducing the amount of compensation which is given to victims of injuries. Your Orange County personal injury attorney will ensure that you understand what you can expect from an IME and will provide an IME doctor with a copy of the relevant medical records. Your lawyer will be present during the IME to make sure that the questions asked by the doctor are consistent with your medical records. Do not underplay or exaggerate the severity of your injuries to the doctors. They are trained to detect dishonesty, and could utilize this information in court.