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What is a Personal Injury Lawsuit? If you've been injured due to another's actions or inactions, you may be eligible for compensation. To learn more about your legal rights to pursue compensation, consult a knowledgeable personal injury lawyer. A personal injury lawsuit is civil litigation where the plaintiff seeks compensation for their losses. This includes medical expenses or lost wages, as well as property damage. The process can take anywhere from a few months to several years. Damages A personal injury lawsuit is a legal process that is taken to force another individual or entity, to pay you for the damages that result from an accident. The plaintiff is the one who was injured and the defendants are responsible. Personal injury cases can also include wrongful death claims when someone dies due to negligence or wrongdoing of others. The damages a victim suffers are usually divided into two categories which are: punitive and compensatory. Compensatory damages are intended to ensure that the victim is completely for good, including out-of-pocket costs such as medical expenses and compensation for pain and suffering. Punitive damages are not common and are intended to penalize the perpetrator for their extreme behavior. This category includes all expenses that result from the accident or injury. These may include hospital expenses as well as doctor's fees and therapy costs. Some claims may also include additional expenses, such as transportation costs to and from appointments, or home modifications to accommodate a permanent disability. Non-economic damages can also be described as “pain and suffer” damages. These damages are harder to quantify, and they include the emotional distress and mental anguish caused by accidents. Based on the severity of your injuries your lawyer will assist you to place a value on these damages. This could be based on the ability to participate in activities that you were previously able to enjoy or the loss of your relationship with family members. Statute of Limitations A legal requirement known as the statute of limitations stipulates that anyone injured in an accident should file an action before a specific date or else their claim will be dismissed. This is done to prevent evidence from being forgotten or lost, and to prevent those who delay bringing litigation related to an incident out indefinitely. The exact length of time for filing a claim differs from state to state, however, personal injury claims typically have a two-to four-year limit. There are certain exceptions to the time period for filing a claim. If you need assistance in determining whether your case falls within one of these exceptions, it is recommended that you seek legal advice. The statute of limitations applies only to lawsuits filed in court. Insurance claims are usually used to resolve injury cases and do not require formal lawsuits. It is still essential to allow yourself sufficient time to file a lawsuit in the event that negotiations with insurance aren't as smooth as you had hoped, or if a problem occurs that is not resolved by insurance. Certain circumstances may stop the statute of limitations clock, but these instances are rare and generally need to be evaluated on an individual case-by-case basis. The statute of limitations might not start until the person 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 against municipalities. Complaint A personal injury lawsuit is brought by the victim against the party who caused the injury. It claims that the defendant violated a duty of care, and that the breach caused harm and loss to the plaintiff and that the defendant is liable for those damages. The complaint is the primary document filed in a personal injury case. It includes specific allegations about the incident that led to your injuries and the damages you are seeking. The complaint also contains the “prayer for relief” that outlines what you want the court to do. The complaint must be served to the defendant with a summons, which is a notice that they are being sued. After the complaint is filed, the defendant has to submit an answer to the complaint within a specific timeframe, and may either deny or admit the allegations made in the complaint. The defendant may also file a counterclaim against the plaintiff or bring in another defendant as third-party defendant. A successful personal injury lawsuit is based on solid evidence, such as medical records and witness testimony. We collaborate closely with our clients to ensure that all relevant information is collected and included in the case. The evidence we collect can also assist us to negotiate with defendants' attorneys or insurance agents to obtain the best settlement offer. Preliminary Conference In a personal injury case your lawyer must show that negligence on the part of the defendant caused your accident. You must be able to prove that you sustained injuries from your accident, and that those injuries warrant financial compensation. This can be a long process, but the trial is where you will be able to determine if you'll be awarded the damages you deserve. In a trial before a jury, your lawyer will argue that the defendant is responsible and has to pay for the losses you suffered. The defendant will present evidence that their actions are unrelated to the accident, which will keep them from having to compensate you for your losses. You must attend a pre-trial meeting before proceeding with the trial. This is the first time your case will be subject to deadlines imposed by a judge. This is also the time where your lawyer will discuss the case with the defense. Preliminary conferences are typically conducted by a judicial register or someone on the court's staff. All parties must attend the preliminary conference in person unless the case has been handled under the New York's Differentiated Case Management Rule or the Rules are exempted in other ways. If a party is unable to attend in person, the convenor may allow them to participate by telephone or online. If your case will be part of the Differentiated Case Management Program, the initial meeting provides an opportunity to determine whether your case falls under one of three categories – advanced standard or complex. Bill of Particulars After the complaint and summons have been filed, the defendants named in the lawsuit will be given twenty to thirty days (although this time frame can be extended by the court). When the Answer is filed, the case enters what is known as the discovery phase. In this phase, both parties exchange information through written demands for discovery and depositions. Following the conclusion of discovery The attorney for the plaintiff prepares what is called a Bill of Particulars. The document details legal claims and the relief sought – typically 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 scrutinized by the court. In general, the court will only accept a Bill of Particulars if it isn't vague or overly broad. Muncie injury attorneys of Particulars must only include the specific acts of neglect that are being alleged and must not include new claims. For example in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. 1994) the court granted a motion to strike all references to intentional and willful acts from a medical negligence claim. In the same way, the court will not allow introduction of a new theory of recovery at an unreasonable late stage in the litigation. To avoid adverse consequences, a late amendment to a Bill of Particulars should only be allowed if accompanied by an affidavit offering an acceptable explanation for the delay in the amendment. Physical Examination You might be wondering why a doctor who isn't familiar with you or your medical history, and isn't familiar with the specifics of your accident, should be asked to conduct a medical examination. This type of examination is required under Washington law, can be beneficial to your case. IMEs are usually performed by doctors who are employed by the insurer of the defendant. Their goal is to offer a different view of your injuries. These doctors, who are sometimes called “independent” and have their own agendas and financial stakes in reducing the amount of compensation that can be given to victims of injuries. If you decide to go through an IME, your Orange County personal injury lawyer will make sure that you are aware of what to expect and provide copies of all relevant medical records to the doctor to examine. Your lawyer will also be present at the IME and will make sure that you are being examined fairly by ensuring that the doctors ' questions aren't divergent from the ones in your medical records. You should not downplay or exaggerate the severity of your injuries to the doctors. They are trained to detect fraud, and may use this information at trial.