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What is a Personal Injury Lawsuit? You may be eligible for compensation if you were injured as a result of the actions or inactions of a third party. To find out more about your legal rights get in touch with a seasoned personal injury lawyer. A personal injury lawsuit is a civil litigant in which the plaintiff seeks compensation for their loss. This can include medical bills or lost wages, as well as property damage. The process can last from a few months to several years. You Tube is a legal process that is taken to compel another person, or entity, to pay you for damages resulting from an accident. The plaintiff is the victim and the defendants are accountable. When someone dies as a result of carelessness or infractions committed by others the wrongful death case may be part of personal injury claims. Damages are usually classified into two categories: compensatory and punitive. Compensatory damages are intended to help the victim get back on track and regain their financial security, which includes out-of-pocket expenses 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 crimes. This category covers all costs that result from the accident or injury. This could include doctor's fees as well as hospital expenses and physical therapy expenses. Certain claims could also include additional expenses, such as transportation costs to and from appointments or home modifications to accommodate a permanent disability. Non-economic damages are often called “pain and suffering” damages. They are more difficult to quantify and are a result of the mental and emotional stress, anxiety and suffering that an accident can cause. Depending on the extent of your injuries, your lawyer can help you place a value on the damages. It could be based on the ability to enjoy activities you previously enjoyed or the loss of your relationship with family members. Statute of limitations A legal requirement, known as the statute of limitations, anyone who suffers injury as a result of an accident must bring a lawsuit within a specified time or else their claim will be dismissed by the courts. This is to protect evidence from being lost or forgotten, and to stop people from carrying out litigation related to an incident for a long time. The exact time limit is different from one state to another, but most personal injury lawsuits have a time frame of between two and four years. However there are exceptions that can extend the time a victim has to submit their claim. They should seek legal advice for assistance in to determine if your case falls under one of these exceptions. One of the main facets of the statute of limitations is that it only applies to the filing of an action in court. Insurance claims are usually used to settle injury cases and do not require formal lawsuits. It is still important to allow yourself enough time to bring a lawsuit in the event that insurance negotiations do not go as planned or if a problem arises that cannot be resolved with insurance. Certain circumstances can stop the clock of the statute of limitations, but these instances are very rare and have to be considered on an individual basis. For instance the statute of limitations might not begin to run until a victim discovered or should have reasonably discovered that their injuries were caused by someone else's negligent actions. In certain states, like New York, the statute of limitations differs for claims against municipalities. Complaint A personal injury lawsuit is filed by the victim against the party who caused the injury. It claims that the defendant breached their duty of care and the breach caused harm and losses for the plaintiff. The defendant is accountable for the damages. The first document filed with a personal injury lawsuit is referred to as the complaint, and it contains specific details about the incident that led to your injuries. It also outlines the damages you're seeking. The complaint also includes a “prayer of relief” which outlines what you want the court to do. The complaint must be served to the defendant with a summons which is a notification that they are being sued. The defendant must respond to the complaint within certain time limits and either admit or deny the allegations contained in the complaint. The defendant may also file a counterclaim or add a third party defendant to the case as a third party defendant. A successful personal injury lawsuit is built on solid evidence, including medical records and witness testimony. We work closely with our clients to ensure that all relevant information is collected and included in the case. The evidence will also help us negotiate with the attorney of the defendant or insurance agents to obtain the most favorable settlement offer. Preliminary Conference In a personal injury lawsuit your lawyer must demonstrate that the negligence of the defendant led to your accident. You must also prove that you suffered injuries from your accident, and that the injuries you sustained are worthy of financial compensation. It can be a lengthy process, but it's at the trial that you'll be able to determine if you get the compensation you deserve. In the case of a trial before jurors your lawyer will argue the defendant's responsibility and the need to compensate you for your losses. The defendant will provide evidence to prove that their actions were not related to the accident. This will prevent the defendant from paying for your losses. Before you can proceed to trial you must attend a preliminaries conference. This is typically the first time that your case will be subject to deadlines established by the Court itself. This is also the time that your lawyer will discuss the case with the defense. Preliminary conferences are typically conducted by a judicial register or a member of the court's staff. Unless the case is being handled in accordance with New York's Differentiated Case Management Rule, or otherwise exempted from the Rules the participants are required to attend in person. However, if a party cannot attend in person, they may take part via phone or online with the approval of the convenor. If your case is going to be part of the Differentiated Case Management program, the preliminary conference will provide an opportunity to determine whether your case falls into one of the three categories – expedited, standard or complex. Bill of Particulars After the summons and complaint have been filed, defendants named in the lawsuit will have between twenty and thirty days (although this timeframe is able to be extended by the court). When the Answer is filed, the case moves into what is called the discovery phase. In this period both sides exchange information in the form of written demand for discovery and depositions. Following the conclusion of discovery The attorney for the plaintiff prepares what is called a Bill of Particulars. This document outlines the legal claims that are being made and the relief sought, usually the award of damages in cash. The Bill of Particulars is meant to inform the defendant of the specific legal claims being made, to help them prepare for trial. The court must look over a Bill of Particulars before it is allowed to be enforced. In general, courts will only abide by a Bill of Particulars that is not overbroad or vague. A Bill of Particulars must only include the specific acts of neglect that are being asserted and not include any new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ), for example was a case in which the court ruled that the plaintiff was not negligent. In 1994, the court affirmed a motion to strike references to intentional or willful acts in a medical negligence case. The court will also not permit a new theory to be introduced at any point in the action that is unreasonablely late. To avoid causing prejudice, any late amendment to the Bill of Particulars must be supported by an affidavit, which gives a reasonable explanation for the delay of this amendment. Physical Exam If a defense attorney or insurance company requests that you take part in an Independent Medical Examination (IME) the first reaction might be to ask why a doctor who does not know you, your medical history, and the details of your incident is requested to conduct an exam. But, this type of exam is actually a requirement under Washington law, and it can be helpful to your case. Typically, IMEs are conducted by doctors medical who are hired by the insurance company of the defendant and their aim is to offer an alternative perspective to your injuries. These doctors, who are sometimes referred to as “independent” and have their own agendas and financial stakes in reducing the compensation that can be paid to victims. Your Orange County personal injury attorney will ensure that you are aware of what you can expect from an IME and will give a copy to the doctor of all relevant medical records. Your lawyer will be present during the IME to ensure that the questions asked by the doctor are in line with your medical records. It is essential to not play around with the extent of your injuries with the doctors, since they are trained to recognize fraud and could utilize this information against you in trial.