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What is a Personal Injury Lawsuit? If you have been injured due to another's actions or inactions, you may be able to recover compensation. Contact a seasoned personal injury attorney to learn more about your rights. A personal injury lawsuit is a civil matter where the plaintiff is seeking compensation for their losses, including medical bills, lost wages, property damage and other expenses. The process can take anywhere from several months to a few years. Damages A personal injury lawsuit is a legal action that is taken to compel another person, or entity to pay you compensation for damages caused by an accident. The plaintiff is the one who was injured and the defendants are the parties accountable. Personal injury cases can include wrongful death claims when someone dies due to the inattention or negligence of others. The damages a victim suffers are usually broken down into two groups which are: punitive and compensatory. Compensation damages are based on medical bills, pain and suffering compensation and other out-of pocket expenses. Punitive damages are rare and are intended to penalize the offender for extreme behavior. The first category of damages is usually known as “economic damages.” This includes any out-of-pocket costs resulting from the accident and injuries. These may include hospital expenses, doctor's fees and physical therapy costs. Some claims may also include additional expenses, such as travel costs to and from appointments or modifications to your home to accommodate a permanent disability. Non-economic damages are also referred to by the term “pain and suffer” damages. These damages are more difficult to quantify, and they include the emotional distress and mental stress that accidents can cause. Your lawyer will assist you to evaluate these damages based upon the severity of your injury. This could be based on your capacity to continue enjoying the activities you were previously able to enjoy or your loss of consortium with family members. Statute of Limitations A legal rule known as the statute of limitations requires that anyone who is injured in an accident file a lawsuit before a certain date or the claim will be dismissed. This is done to prevent evidence from being lost or lost, and also to stop those who delay bringing litigation related to an incident out for a long time. The exact time frame is different from state to state, but personal injury claims typically have a two- to four-year limitation. However there are exceptions that can extend the amount of time that a victim must file their claim and they should seek legal advice when to determine if your case falls under one of these exceptions. One of the main facets of the statute of limitations is that it is only applicable to the filing of a lawsuit in court. Many injury cases are resolved through the insurance claim process and do not require formal lawsuit filing. Even so, it is important to allow yourself plenty of time to pursue legal action in the event that insurance negotiations don't take place as planned or if an issue arises that can't be addressed by the insurance system. A few circumstances can pause the statute of limitations clock however, these situations are very rare and have to be evaluated on an individual case-by-case basis. The statute of limitations may not begin until the victim discovers or should have known that the injury resulted from someone else's negligence. In some states, like New York, it is different 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 breached their duty of care and this breach caused loss and harm to the plaintiff. The defendant is held accountable for the losses. The first document filed in a personal injury lawsuit is referred to as the complaint, and it contains specific details about the incident that led to your injuries. It also outlines the damages you're seeking. The complaint also includes a “prayer of relief” which describes what you would like the court to do. The complaint must be served on the defendant along with a summons that is a notice that they are being sued. After the complaint is filed, the defendant is required to submit an answer to the complaint within a specific time period, and they must either accept or deny the allegations in the complaint. The defendant can also file a counterclaim, or add a third party defendant to the case by naming third party defendant. A successful personal injury lawsuit relies on solid evidence including medical records and testimony from witnesses. We work closely with our clients to ensure that all relevant information is gathered and included in the case. The evidence we collect will also help us to negotiate with defense lawyers or insurance agents to get the best possible settlement offer. Preliminary Conference In a personal injury case the lawyer for you must prove that negligence on the part of the defendant led to your accident. You must also prove that you were injured in the accident and that these injuries are worthy of financial compensation. This could be a long process however, the trial is when you'll be able to decide if you'll get the damages you're entitled to. In a trial before a jury the lawyer will argue that the defendant is at liability and that they must compensate you for your losses. The defendant will present evidence to show that their actions were not related to the accident. This will prevent the defendant from paying for your losses. You must attend a pre-trial conference prior to proceeding with the trial. This is the first time your case is subject to deadlines set by a judge. Passaic injury lawsuits is also when your lawyer will discuss the matter with the defense. Preliminary conferences are usually conducted by a judicial registrar or a member of the court's staff. If the case is handled in accordance with New York's Differentiated Case Management Rule, or is otherwise exempt from the Rules the parties are required to attend in person. 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, an initial meeting also provides an opportunity to determine if your case falls within one of three categories namely advanced standard or complex. Bill of Particulars After a complaint and summons are filed, the defendants identified in the lawsuit are given the option of having twenty or thirty days to submit an Answer (although this time frame can be extended with the court's permission). After the Answer has been filed, the case is moved into the discovery phase. During this phase the parties exchange information via written demands for discovery and depositions. The lawyer of the plaintiff drafts a 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 meant to inform the defendant of the specific legal claims being made, so that they can prepare for trial. The court must look over the Bill of Particulars before it can be complied with. Generally speaking, the court will only accept 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. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ), for example was a case where the court found that the plaintiff had not been negligent. In 1994, the court affirmed the motion to strike all the reference to willful or deliberate acts in a medical negligence case. In the same way, the court will not permit the introduction of a new doctrine of recovery at an unreasonable late stage in the litigation. To avoid causing prejudice, a late amendment to the Bill of Particulars must be supported by an affidavit that gives a reasonable explanation of the tardiness of the 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 accident, should be required to conduct a medical exam. This type of examination is required under Washington law, could be beneficial to your case. IMEs are typically performed by doctors who are employed by the insurer of the defendant. They are there to provide an alternative view of your injuries. Although they are often called “independent,” these physicians – just like the insurance companies – have their own agenda 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 provide a copy to the doctor of all relevant medical records. Your lawyer will be present during the IME to ensure that the questions posed by the doctor are consistent with your medical records. Do not underplay or exaggerate the severity of your injury to these doctors. They are trained to detect fraud, and may utilize this information in court.