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What is a Personal Injury Lawsuit? You could be eligible for compensation if you have suffered injuries due to the actions or inactions of a third party. To find out more about your legal rights, contact an experienced personal injury lawyer. A personal injury lawsuit is a civil action where the plaintiff is seeking money to cover their losses, such as medical expenses, lost wages, property damage, and other costs. The process can last from a few months to several years. Damages A personal injury lawsuit is a legal proceeding which is filed to compel another person, or entity to pay you for damages resulting from an accident. The plaintiff is the victim, and the defendants are the ones accountable. Personal injury cases can include wrongful death claims when someone dies because of the inattention or negligence of others. Damages are typically classified into two categories: punitive and compensatory. Compensatory damages are meant to make the victim whole again, including out-of-pocket expenses such as medical bills as well as compensation for pain and suffering. Punitive damages, which are very rare, are meant to punish the offender for committing extreme actions. The first category of damages is usually referred to as “economic damages.” This includes all out-of-pocket expenses associated with the accident and injuries. This could include hospital bills as well as doctor's fees and therapy costs. In some cases additional expenses, such as the cost of travel to and from appointments, or changes to your home due to permanent disabilities can be included in an insurance claim. Non-economic damages are also referred to by the term “pain and suffer” damages. They are more difficult to quantify and include the emotional distress, mental anxiety and suffering caused by accidents. Depending on the severity of your injuries your lawyer will assist you to determine the value of the damages. It could be based on your ability to participate in activities that you previously enjoyed or the loss of your relationship with family members. Statute of Limitations A legal rule known as the statute of limitation requires that anyone who is injured in an accident should file a lawsuit before a certain date or the claim will be dismissed. This is to prevent evidence from being lost or lost in the shuffle and to stop people from drag out litigation related to an incident for a long time. The exact duration of time varies from state to state but personal injury claims typically have a two-to four-year limit. There are certain exceptions to the to file claims. If you need help in determining whether your case is one of these exceptions, it is best to seek legal advice. The statute of limitations is only applicable to lawsuits filed in court. Many injury cases are resolved through the process of filing an insurance claim and do not require formal lawsuit filing. It is important to give yourself enough time to file a lawsuit in the event that insurance negotiations do not go as planned or if a problem arises that cannot be resolved with insurance. A few circumstances can pause the clock of the statute of limitations however, these situations are very rare and have to be analyzed on a case-by-case basis. For example, the statute of limitations might not start running until a victim has discovered or ought to have realized that their injuries were caused by someone else's negligence, and in some states, such as New York, the statute of limitations is different for claims against municipalities. Complaint A personal injury lawsuit is a civil suit initiated by a victim against the person or entity who caused the injury. It claims that the defendant violated their duty of care and this breach resulted in loss and harm to the plaintiff. The defendant is held responsible for these damages. The complaint is the first document that is filed in a personal injury case. It provides detailed details regarding the incident that caused your injuries, and the damages you want. The complaint also includes an “prayer of relief” which outlines what you would like the court to do. The complaint and summons must be delivered to the defendant. After the complaint is filed, the defendant has to submit an answer to the complaint within a specified time frame, and may either deny or admit the allegations made in the complaint. The defendant can also file a counterclaim, or add another defendant to the case by naming third party defendant. A successful personal injury lawsuit is based on solid evidence, which includes medical documents 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 will also help us to negotiate with the defense lawyers or insurance agents to negotiate the most favorable settlement offer. Preliminary Conference In a personal injury case, 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. This could be a long process, but the trial is when you will be able to determine if you'll receive the compensation you deserve. In a jury trial, your lawyer will argue that the defendant is liable and is required to compensate you for your losses. The defendant will provide evidence to prove that their actions are not connected to the accident. This will prevent the defendant from paying for your losses. Before proceeding to trial, you must attend a preliminary conference. This is the first time your case is subject to deadlines set by a court. This is also when your lawyer will discuss the issue with the defense. A judicial registrar, or an official of the court's staff, usually conducts preliminary conferences. All parties must attend the initial conference in person, unless the case is handled under New York's Differentiated Case Management Rule or the Rules are exempted in other ways. If Meridian injury lawsuits is not able to attend in person, the convenor can permit them to attend via telephone or online. If your case will be part of the Differentiated Case Management Program, a preliminary meeting is also an opportunity to determine if your case falls within one of three categories – expedited standard or complex. Bill of Particulars After a summons or complaint are filed, the defendants named in the lawsuit have twenty or thirty days to respond (although this deadline may be extended if the court gives permission). Once the Answer has been filed, the matter moves into what is called the discovery phase. In this stage both parties exchange information through written discovery demands and depositions. The lawyer of the plaintiff drafts the Bill of Particulars at the end of discovery. The document details legal claims and the relief sought, usually the award of damages in cash. The Bill of Particulars is intended to inform the defendant notice of the specific legal claims being made, so that they can effectively prepare for trial. The court must examine a Bill of Particulars before it is able to be followed. In general, courts will only abide by a Bill of Particulars that is not vague or broad. A Bill of Particulars should be limited to the specific negligence that is being claimed and should not add new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ) for instance was a case where the court ruled that the plaintiff was not negligent. 1994) the court granted a motion to strike all references to willful and intentional acts from a medical negligence claim. The court will not allow a new doctrine to be introduced at an stage in the litigation that is unreasonable late. In order to avoid resultant prejudice, a belated amendment to the Bill of Particulars should only be permitted if supported by an affidavit offering an adequate explanation for the delay in the 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 details of your injury is required to conduct an examination. However, this kind of examination is actually required under Washington law, and can be helpful in your case. Typically, IMEs are conducted by medical doctors who are employed by the insurance company representing the defendant and aim to offer an alternative perspective to your injuries. While they are sometimes called “independent,” these physicians as well as insurance companies – have their own agenda and financial stake in cutting down on the amount of compensation that can be granted to a victim who has been injured. Your Orange County personal injury attorney will ensure that you are aware of what you can expect from an IME and will provide an IME doctor with a copy of all relevant medical records. Your lawyer will also be present at the IME and will ensure that you are being treated with respect and courtesy by ensuring that questions of the doctor do not diverge from the ones in your medical records. It is not advisable to downplay or exaggerate the severity of your injuries to these doctors. They are trained to detect fraud, and may use this information at trial.