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What is a Personal Injury Lawsuit? You may be eligible for compensation if you have been injured due to the actions or inactions of someone else. Contact a knowledgeable personal injury attorney to learn more about your rights. A personal injury lawsuit is a civil matter where the plaintiff is seeking money to cover their losses, including medical bills, lost wages, damages to property and other expenses. The process can last between a few months and several years. Damages A personal injury lawsuit is an action to force another person or entity to pay money for damages related to an accident. The plaintiff is the victim and the defendants are responsible. Personal injury cases can also include wrongful death claims when someone dies due to negligence or wrongful actions of others. The damages a victim suffers are usually divided into two categories which are: punitive and compensatory. Compensation damages are designed to help the victim get back on track for good, including out-of-pocket costs such as medical bills as well as compensation for suffering and pain. Punitive damages, which are very rare and are intended to punish the perpetrator if they have committed extreme crimes. This category includes all expenses that result from the accident or injury. These could include hospital bills, doctor's fees and physical therapy costs. Some claims may also include additional expenses, such as the cost of travel to and from appointments or home modifications to accommodate a disability that is permanent. Non-economic damage can also be called “pain and suffer” damages. These damages are harder to quantify, and include the emotional distress and mental stress that accidents can cause. Your lawyer will help you evaluate these damages based upon the extent of your injury. This could be based on your ability to continue enjoying the activities you previously enjoyed or your loss of connection with family members. Statute of Limitations A legal requirement, known as the statute of limitations, anyone who is injured in an accident must bring a lawsuit within a certain time frame or the claim will be dismissed by the courts. This is done to prevent evidence from being forgotten or lost, and also to stop people from dragging incident-related litigation out for an indefinite period. The exact duration of time varies between states, however personal injury claims generally have a two-to four-year limitation. There are some exceptions to the time limit for filing claims. If you need help in determining whether your case falls under one of these exceptions, it is best to seek legal advice. The statute of limitations is only applicable to lawsuits that are filed in court. Many cases of injury are resolved through the process of filing an insurance claim and do not require formal lawsuit filing. It is still important to allow yourself enough time to start a lawsuit in the event that negotiations with insurance don't go as planned, or if a problem occurs which cannot be resolved through insurance. Certain circumstances can stop the clock on the statute of limitations, however they are rare and need to be evaluated on a case by case basis. For instance the statute of limitations may not start running until the victim discovers or reasonably should have discovered that their injuries were caused by another person's negligent actions, 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 action initiated by a victim against the person or entity that caused the injury. It claims that the defendant breached a duty of care, and that the breach caused harm and losses to the plaintiff and that the defendant is accountable for the damages. The complaint is the primary document that is filed in a personal injury lawsuit. It contains detailed allegations about the incident that caused your injuries and the damages you want. The complaint also contains the “prayer of relief” which outlines what you want the court to do. The complaint and summons must be delivered to the defendant. The defendant must respond to the complaint within a set of time limits and either admit or deny all the allegations in the complaint. The defendant can also make a counterclaim against the plaintiff or bring in another defendant 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 all relevant information and include it in the case. The evidence we gather can also assist us to negotiate with the defense attorneys or insurance agents to negotiate the most favorable settlement offer. Preliminary Conference In a personal injury case the attorney for you must prove that the negligence of the defendant led to your accident. You must also prove you suffered injuries in your accident and that the injuries are worthy of 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 deserve. In a trial before a jury, your lawyer will argue that the defendant is liable and is required to compensate you for your losses. The defendant will provide evidence that their actions are unrelated to the accident, which will prevent them from having to compensate you for your losses. You must attend a pre-trial conference before proceeding with the trial. This is the first time your case is subject to deadlines set by a judge. It is also the time that your lawyer will discuss the case with the defense. Preliminary conferences are typically conducted by a judicial registrar or a member of the court's staff. Unless the case is being handled by New York's Differentiated Case Management Rule, or otherwise exempted from the Rules All parties are required to be present in person. If a party is not able to attend in person, the convenor is able to permit them to participate via telephone or online. If your case is to be a part of the Differentiated Case Management program, a preliminary conference will also be an opportunity to identify whether your case falls under one of the three categories that are expedited, standard, or complex. Bill of Particulars When a summons and complaint are filed, the defendant parties who are named in the lawsuit have twenty or thirty days to submit an Answer (although this deadline can be extended with the court's consent). Once the Answer is filed, the case moves into what is known as the discovery phase. In this stage the parties exchange information via written discovery demands and depositions. The plaintiff's lawyer prepares a Bill of Particulars at the end of the discovery. This document outlines the legal claims being made as well as 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 made, so that he or she is able to effectively prepare for trial. Before a Bill of Particulars can be followed, it must be reviewed by the court. In general, courts will only abide by a Bill of Particulars that is not vague or broad. Norwalk injury lawyers of Particulars should be limited to the specific acts of negligence being claimed and should not contain new claims. For example, in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. 1994) The court ruled in favor of the motion to strike all references to intentional and willful acts from a medical malpractice claim. The court will not allow a new doctrine to be introduced at a point in the action that is unreasonable late. To avoid prejudice, any late amendment to the Bill of Particulars must be supported by an affidavit, which provides a reasonable explanation for the lateness of this amendment. Physical Exam If a defense attorney or insurance company demands that you take part in an Independent Medical Examination (IME) the first reaction may be to question why a doctor who does not know you and your medical history and the particulars of your accident is being asked to conduct an exam. But, this type of exam is actually a requirement under Washington law, and can be helpful in your case. IMEs are usually conducted by doctors employed by the insurer of the defendant. Their goal is to provide an alternative perspective on your injuries. These physicians, who are sometimes called “independent” are able to have their own agendas and financial interests in reducing the amount of compensation which is paid to victims. If you decide to go through an IME, your Orange County personal injury lawyer will make sure that you are fully informed about what to expect. They will provide a copy of all relevant medical records to the doctor to look over. Your lawyer will be present during the IME to ensure that the questions posed by the doctor are consistent with your medical records. It is crucial to not play up or down the severity of your injuries to the doctors, since they are trained to recognize dishonesty and may utilize this information against you in trial.