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What is a Personal Injury Lawsuit? You could be eligible for compensation if you were injured as a result of the actions or inactions of a third party. Contact a seasoned personal injury lawyer to find out more about your rights. A personal injury lawsuit is a civil matter in which the plaintiff seeks money to compensate for their losses, including medical expenses, lost wages, damages to property and other expenses. The process can last from a few months to several years. Damages A personal injury lawsuit is a legal proceeding to compel a person or entity to pay you money for damages related to an accident. The plaintiff is the injured party, and the defendants are responsible. Personal injury cases may include wrongful death claims when someone dies due to the negligence or wrongdoing of others. Damages are usually classified into two categories: compensatory and punitive. Compensatory damages are meant to help the victim get back on track again, including out-of-pocket expenses like medical bills as well as compensation for suffering and pain. Punitive damages, which are very rare, are meant to punish the wrongdoer if they have committed extreme actions. The first category of damages is usually referred to as “economic damages.” This includes the cost of out-of-pocket expenses incurred due to the accident or injury. This could include hospital bills, doctor's fees and physical therapy costs. In certain cases, additional expenses like the cost of travelling to and from appointments or modifications to your home to accommodate permanent disabilities could be included in a claim. Non-economic damages are often referred to as “pain and suffering” damages. They are more difficult to quantify and are a result of the emotional distress, mental anguish and suffering that accidents can cause. Depending on the severity of your injuries your lawyer will help you estimate the value of the damages. This may be based on your ability to do things you did before or your loss in consortium with family. Statute of limitations Under a legal rule called the statute of limitations, anyone who is injured in an accident must bring a lawsuit within a specific time period or their claim will be rejected by the courts. This is done to prevent evidence from being lost or lost, and also to stop people from dragging incident-related litigation out indefinitely. The exact duration of the time limit varies 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 could extend the amount of time a victim has to submit their claim. They should seek legal advice for help to determine whether or not their case falls into one of these exceptions. Elizabeth injury lawyer of limitations only applies to lawsuits that are filed in court. Insurance claims are usually used to settle injury cases and do not require formal lawsuits. Even so, it is crucial to give yourself plenty of time to pursue legal action in the event that insurance negotiations don't go as planned or an issue arises that cannot be resolved through the insurance system. Certain circumstances may stop the clock on the statute of limitations, however they are not common 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 discovered or should have reasonably discovered that their injuries were caused by another person's negligent actions. In certain states, such as New York, the statute of limitations differs for claims against municipalities. Complaint A personal injury lawsuit is a civil suit brought by an injured person against the person or entity who caused the injury. It claims that the defendant violated their duty of care, and that the breach caused damage and losses for the plaintiff. The defendant is then held responsible for these damages. The complaint is the primary document filed in a personal injury lawsuit. It contains detailed allegations about the incident that caused your injuries, as well as the damages you are seeking. It also contains a “prayer for relief” that outlines what you would like the court to do. The complaint must be served on the defendant along with a summons which is a notification that they are being sued. The defendant must respond to the complaint within specific time limits and either admit or deny all the allegations contained in the complaint. The defendant can also file a counterclaim against the plaintiff or bring in a different defendant as third-party defendant. A successful personal injury lawsuit depends on solid evidence, including medical records and testimony from witnesses. 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 defense lawyers or insurance agents to negotiate the most favorable settlement offer. Preliminary Conference In a personal injury lawsuit your lawyer must demonstrate that the defendant's negligence caused your accident. You must be able to prove that you sustained injuries from your accident, and that your injuries are a valid reason for financial compensation. This could be a long process however, the trial is when you will be able to determine if you'll get the damages you deserve. In the case of a trial before jurors the lawyer will argue that the defendant is at responsibility and they will argue that they have to compensate you for your losses. The defendant will argue that their actions do not contribute to the accident, which will prevent them from having to compensate you for your losses. You must attend a pre-trial meeting before you can proceed with the trial. This is the first time that your case will be subject to deadlines imposed by a judge. It is also the time that your attorney will discuss the case with the defense. Preliminary meetings are usually held by a judicial registrar, or an individual from the court's staff. All participants must attend the preliminary conference in person, unless the case is handled by New York's Differentiated Case Management Rule or the Rules are exempted in other ways. If a person is unable to attend in person, the convenor is able to allow them to participate by telephone or online. If your case is part of the Differentiated Case Management Program, an initial meeting also provides an opportunity to determine whether your case falls under one of three categories – expedited standard or complex. Bill of Particulars After the complaint and summons have been filed, the defendants named in the lawsuit will have between twenty and thirty days (although this time frame can be extended by the court). Once the Answer is filed, the matter moves into what is called the discovery phase. During this time the parties exchange information in the form of written demands for discovery and depositions. Following the conclusion of discovery the attorney representing the plaintiff drafts what is known as a Bill of Particulars. The document details the legal claims being made as well as the relief sought – usually an award of money damages. The Bill of Particulars is meant to inform the defendant of the specific legal claims that are made to help them prepare for trial. The court must examine the Bill of Particulars before it can be complied with. In general, the court will only abide by a Bill of Particulars if it is not vague or overbroad. A Bill of Particulars must only include the specific acts of neglect that are being alleged and must not include new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ) for instance was a case in which the court found that the plaintiff was not negligent. 1994), the court sustained the motion to strike all references to willful and intentional acts from a medical malpractice claim. Similarly, the court will not permit the introduction of a new doctrine of recovery at an unreasonable late point in the action. To avoid negative consequences, an amendment made late to a Bill of Particulars should only be allowed if accompanied by an affidavit stating an adequate explanation for the lateness of the amendment. Physical Examination You might be wondering why a doctor, who doesn't know you, or your medical history and is unfamiliar with the details of your incident, would be required to conduct a medical exam. However, this kind of exam is actually a requirement under Washington law, and could be beneficial to your case. IMEs are typically conducted by doctors hired by the defendant’s insurance company. Their aim is to offer a different perspective on your injuries. These doctors, often referred to as “independent” and have their own agendas and financial stakes in reducing the amount of compensation that is paid to victims. Your Orange County personal injury attorney will ensure that you are aware of what to expect from an IME and will provide the doctor with a copy of all pertinent medical records. Your lawyer will also be present at the IME and can ensure that you are being treated fairly by ensuring that the doctors ' questions aren't divergent from the ones you have in your medical records. It is crucial to avoid playing around with the severity of your injuries with these doctors, as they are trained to spot fraud and could use this information against you in trial.