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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 someone else. To learn more about your rights under the law, contact an experienced personal injury lawyer. A personal injury lawsuit is a civil action in which the plaintiff seeks compensation for their losses, including medical bills, lost wages, property damage, and other costs. The process can take anywhere from several months to a few years. Damages A personal injury lawsuit is a legal process which is filed to force another individual or entity to compensate you compensation for damages caused by an accident. The injured party is known as the plaintiff and the responsible parties are called defendants. When someone dies as a result of negligence or wrongdoing by others In wrongful deaths, the case are often included in personal injury claims. The damages of a victim are typically broken down into two groups that are punitive and compensatory. Compensatory damages are meant to ensure that the victim is completely and regain their financial security, which includes out-of-pocket expenses such as medical expenses and compensation for suffering and pain. Punitive damages, which are not common, are meant to punish the wrongdoer if they have committed extreme crimes. The first category of damages is usually called “economic damages.” This is the term used to describe the cost of out-of-pocket expenses incurred due to the accident or injury. These could include hospital bills, doctor's fees and physical therapy costs. Certain claims could also include additional expenses, such as travel costs to and from appointments or home modifications to accommodate a disability that is permanent. Non-economic damages are often called “pain and suffering” damages. They are more difficult to quantify and involve the emotional distress, mental suffering and anguish that an accident can cause. Your lawyer will assist you to value these damages based on the severity of your injuries. It could be based on your ability to enjoy activities you were previously able to enjoy or your loss of connection with family members. Statute of Limitations A legal principle known as the statute of limitations stipulates that anyone injured in an accident must file an action before a specific date or their claim will be dismissed. This is to prevent evidence from being lost or lost in the shuffle and to prevent people from dragging out incident-related litigation indefinitely. The exact duration of time varies from state to state but personal injury claims typically have a two-to four-year limit. However, there are exceptions that could extend the amount of time required for a victim to file their claim and they should seek legal advice for help to determine if your case falls under one of the exceptions. One of the main facets of the statute of limitations is that it applies only to the filing of an action in a court. Insurance claims are often used to resolve injury cases and do not require formal lawsuits. However, it is important to allow yourself plenty of time to pursue legal action in the event that negotiations don't go as planned or an issue arises that can't be easily addressed through the insurance system. Some circumstances can pause the clock on the statute of limitations, but they are extremely rare and have to be assessed on a case-by-case basis. For example, the statute of limitations may not begin to run until a victim has discovered or reasonably should have discovered that their injury was caused by someone else's negligence, and in certain states, such as New York, the statute of limitations is different for claims against municipalities. Complaint A personal injury lawsuit is brought by the victim against the person who caused the injury. It claims that the defendant breached their duty of care, and that this breach resulted in harm and losses for the plaintiff. The defendant is held responsible for these damages. The first document filed with a personal injury lawsuit is referred to as the complaint, and it contains detailed allegations about the incident that caused your injuries. It also outlines the damages you're seeking. The complaint also contains a “prayer for relief” that 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 in the complaint. The defendant may also file a counterclaim, or add another defendant to the case as a third party defendant. A successful personal injury lawsuit relies on solid evidence including medical documents and testimony from witnesses. We work closely with our clients to collect the relevant information and incorporate it in the case. The evidence we gather will also help us to negotiate with defendants' attorneys or insurance agents to get the best possible settlement offer. Preliminary Conference In a personal injury case, your attorney must prove that the defendant's negligence caused your accident. You must also prove you suffered injuries in your accident and that your injuries are worth the amount of financial compensation. It's not an easy process, but it's at the trial that you'll finally know if you will receive the damages you are entitled to. In the trial before a jury your lawyer will argue for the defendant's liability and that they must be held accountable for your losses. The defendant will present evidence to prove that their actions were not related to the accident. This will stop them from settling your losses. Before you can proceed to trial you must attend a preliminary conference. This is the first time that your case has deadlines set by a judge. This is also when your attorney will be discussing the case with the defense. A judicial registrar, also known as a member of the court staff typically holds preliminary conferences. If the case is handled in accordance with the New York's Differentiated Case Management Rule, or otherwise exempted from the Rules, all parties are required to attend in person. If a party is unable to attend in person, they can take part via phone or online with the approval of the convenor. If your case is part of the Differentiated Case Management Program, a preliminary meeting is also an opportunity to determine whether your case falls under one of three categories: expedited standard or complex. Bill of Particulars When a summons and complaint are filed, the defendant parties named in the lawsuit have the option of having twenty or thirty days to file an Answer (although this deadline can be extended if the court gives approval). After the Answer has been filed, the matter moves into the discovery phase. During this stage the parties exchange information via written demands for discovery and depositions. After the discovery process is concluded, 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 meant to inform the defendant of the specific legal claims being made, so that they can prepare for trial. Before a Bill of Particulars can be followed, it must be examined by the court. In general, courts will only comply with a Bill of Particulars that is not overbroad or vague. A Bill of Particulars should be limited to the specific negligence that is being claimed and should not contain new claims. For example in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. In Rochester injury lawsuits , the court affirmed a motion to strike the reference to willful or deliberate actions in a medical malpractice case. The court will not allow introduction of a new theory of recovery at an unreasonably late stage in the case. To avoid causing prejudice, a late amendment to the Bill of Particulars must be supported by an affidavit, which gives a reasonable explanation of the lateness of this amendment. Physical Examination When a defense attorney or insurance company asks you to take part in an Independent Medical Examination (IME) Your first reaction may be to question the reason why a doctor who does not know you or your medical history and the particulars of your incident is required to conduct an examination. However, this kind of examination is actually a requirement under Washington law and could be beneficial to your case. IMEs are typically conducted by doctors hired by the insurer of the defendant. They are there to offer a different perspective on your injuries. These doctors, who are sometimes referred to as “independent” are able to have their own goals and financial interests in reducing the amount of compensation that is awarded to injured victims. If you choose to undergo an IME If you decide to undergo an IME, your Orange County personal injury lawyer will make sure that you are fully informed about what to expect and will 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. It is essential to avoid playing with the severity of your injuries to these doctors, as they are trained to recognize dishonesty and may make use of this information against you in trial.