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What is a Personal Injury Lawsuit? If you have been injured by another person's actions or inactions, you may be eligible for compensation. Contact a seasoned personal injury lawyer to learn more about your rights. A personal injury lawsuit is a civil dispute in which the plaintiff seeks compensation for their loss. This includes medical bills as well as lost wages and property damage. The process can last between a few months and several years. Damages A personal injury lawsuit is a legal process that is used to force another person or entity to compensate you for the damages that result from an accident. The plaintiff is the injured party and the defendants are responsible. Personal injury cases can include cases of wrongful death when someone dies because of the negligence or wrongdoing of others. Damages are usually classified into two categories: compensatory and punitive. Compensatory damages are intended to make the victim whole for good, including out-of-pocket costs like medical bills as well as compensation for suffering and pain. Punitive damages, which are very rare and are intended to punish the perpetrator when they have committed a number of extreme actions. The first category of damages is typically known as “economic damages.” This includes all out-of-pocket expenses associated with the accident or injury. These could include doctor's bills as well as hospital expenses and physical therapy costs. In certain cases additional expenses, such as the cost of travel to and from appointments, or modifications to your home to accommodate permanent disabilities can be included in a claim. Non-economic damages are often called “pain and suffering” damages. These are more difficult to quantify and are a result of the mental and emotional stress, anxiety and suffering that an accident can cause. Based on the severity of your injuries, your lawyer can help you estimate the value of the damages. This might be based on your ability to continue enjoying the activities you previously enjoyed or your loss of consortium with family members. Statute of Limitations A legal principle known as the statute of limitations obliges anyone injured in an accident should file a lawsuit before a certain date or the claim will be dismissed. This is done to stop evidence from being forgotten or lost, and to prevent people from dragging incident-related litigation out indefinitely. The exact time limit varies from one state to another, but the majority of personal injury claims have a limit of two to four years. There are certain exceptions to the time to file an injury claim. If you need assistance to determine if your claim falls within one of these exceptions, it is best to seek legal advice. One of the main facets of the statute of limitations is that it applies only to the filing of an action in court. Many injury cases are resolved through the process of filing an insurance claim and do not require formal lawsuit filing. It is nevertheless essential to allow yourself sufficient time to bring a lawsuit in the event that insurance negotiations aren't as smooth as you had hoped, or if a problem arises that cannot be resolved with insurance. Certain circumstances may stop the clock on the statute of limitations, however they are extremely rare and have to be evaluated on a case-by case basis. The statute of limitation may not be established until the victim is aware or should have known that the injury was caused by someone else's negligence. In certain states, like New York, it is different for claims that are made against municipalities. Complaint A personal injury lawsuit is a civil case initiated by a victim against the person or entity that caused the injury. The plaintiff claims that the defendant breached their duty of care and this breach caused harm and losses for the plaintiff. The defendant is then held responsible for these damages. The complaint is the first document filed in a personal injury lawsuit. It contains detailed allegations about the incident that led to your injuries, as well as the damages you seek. The complaint also contains an “prayer for 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. The defendant must respond to the complaint within specific deadlines and either admit or deny all the allegations contained in the complaint. The defendant may also file a counterclaim, or add a third party defendant to the case by naming a third party defendant. A successful personal injury lawsuit is based on solid evidence, including medical documents and witness testimony. We work closely with our clients to ensure that all relevant information is gathered and included in the case. The evidence we collect can also assist us to negotiate with defense lawyers or insurance agents to obtain the best settlement offer. Preliminary Conference In a personal injury lawsuit, your attorney must prove that the negligence of the defendant caused your accident. You must also prove that you suffered injuries as a result of your accident, and that those injuries warrant financial compensation. It can be a lengthy process, but it is at the trial that you will finally know if you will get the compensation you are entitled to. In a trial before jurors, your lawyer will argue for the defendant's liability and that they must pay for your losses. Lancaster injury lawyer You Tube will present evidence that their actions are unrelated to the accident, which prevents them from having to compensate you for your losses. You must attend a pre-trial discussion before you can proceed with the trial. This is often the first time your case will be subject to deadlines set by the Court itself. It is also the time when your lawyer will discuss the case with the defense. A judicial registrar, also known as a member from the court staff, usually conducts preliminary conferences. All parties must attend the initial conference in person unless the case has been handled by the New York's Differentiated Case Management Rule or the Rules are otherwise exempted. If a party is unable to attend in person, the convenor may allow them to participate by phone or online. If your case is part of the Differentiated Case Management Program, an initial meeting also provides an opportunity to determine whether your case falls into one of three categories namely advanced standard or complex. Bill of Particulars After the complaint and summons are filed, the defendants named in the lawsuit will be given twenty to thirty days (although this deadline may be extended by the court). Once the Answer is filed, the case enters what is called the discovery phase. In this stage, both parties exchange information via written discovery demands and depositions. At the conclusion of discovery, the plaintiff's attorney prepares what is called a Bill of Particulars. This document provides the legal claims that are 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 look over a Bill of Particulars before it is able to be followed. In general, courts will only comply with a Bill of Particulars that is not vague or broad. A Bill of Particulars must only include the specific acts of neglect that are being claimed, and not add any new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ) for instance, was a case where the court concluded 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. The court will not permit a new theory to be added at any point in the action that is unreasonablely late. In order to avoid resultant negative consequences, an amendment made late to the Bill of Particulars should only be permitted if supported by an affidavit that provides an acceptable explanation for the lateness of the amendment. Physical Examination You might be wondering 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. However, this kind of examination is actually a requirement 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 their goal is to offer a different perspective to your injuries. These physicians, who are sometimes referred to as “independent” and have their own agendas and financial interests in reducing the compensation that can be given to victims of injuries. If you choose to undergo an IME If you decide to undergo an IME, your Orange County personal injury lawyer will ensure that you are fully informed about what to expect and provide the complete set of medical records for the doctor to examine. Your lawyer will also be present at the IME and will ensure that you are being examined fairly by ensuring that the doctors questions do not deviate from the ones in your medical records. It is not advisable to downplay or exaggerate the severity of your injury to the doctors. They are trained to detect fraudulent behavior, and can use this information at trial.