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What is a Personal Injury Lawsuit? You may be entitled to compensation if have suffered injuries due to the actions or inactions of another person. To find out more about your rights under the law, contact an experienced personal injury lawyer. A personal injury lawsuit is a civil action in which the plaintiff seeks compensation for their losses, which include medical expenses, lost wages, property damage and other expenses. The process can take several months to a few years. Damages A personal injury lawsuit is a process to force another person or entity to pay you money for damages related to an accident. The plaintiff is the injured party and the defendants are the parties responsible. Personal injury cases may include cases of wrongful death 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 meant 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 pain and suffering. Punitive damages, which are not common and are intended to punish the wrongdoer for committing extreme crimes. This category covers all expenses caused by the accident or injury. This could include hospital bills, doctor's fees and physical therapy costs. Certain claims could also include additional expenses, such as the cost of travel to and from appointments, or modifications to your home to accommodate a disability that is permanent. Non-economic damage can also be referred to by the term “pain and suffer” damages. These damages are more difficult to quantify, and include the emotional stress and mental anguish caused by accidents. Your lawyer will help you evaluate these damages based upon the severity of your injury. This could be based on the ability to do things you did before or your loss in consortium with family. Statute of limitations A legal requirement known as the statute of limitation stipulates that anyone injured in an accident should file an action before a specific date or their claim will be dismissed. This is to protect evidence from being lost or forgotten, and to stop people from drag out litigation related to an incident for a long time. The exact time limit is different from one state to another, but the majority of personal injury lawsuits have a time limit of two to four years. However, there are exceptions that can extend the time that a victim must submit their claim. They should seek legal advice when determining whether or not their case falls within one of these exceptions. One of the most important aspects of the statute of limitations is that it only applies to the filing of a lawsuit in court. Many cases of injury are resolved through the insurance claim process and do not require a formal lawsuit filing. Even so, it is crucial to give yourself enough time to file a lawsuit in the event that insurance negotiations fail to go as planned or an issue arises that cannot be resolved through the insurance system. Certain circumstances can stop the clock on the statute of limitations however, these situations are rare and generally need to be analyzed on an individual basis. For instance, the statute of limitations might not start to run until a victim discovered or ought to have realized that their injury was caused by a 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 filed by a victim against the person who caused the injury. It alleges that the defendant breached the duty of care, that this breach caused harm and loss to the plaintiff and that the defendant should be held accountable for the losses. The first document filed in a personal injury lawsuit is called the complaint, and it contains detailed allegations about the incident that led to your injuries. It also outlines the damages you are seeking. It also contains an “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. The defendant must respond to the complaint within a set of time frames and either accept or deny all the allegations made in the complaint. The defendant may also file a counterclaim, or add another defendant to the case as 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 ensure that all relevant information is gathered and included in the case. The evidence we gather can also assist us to negotiate with defense lawyers or insurance agents to obtain the best settlement offer. Preliminary Conference In a personal injury lawsuit your lawyer must demonstrate that the defendant's negligence caused your accident. You must also prove that you suffered injuries as a result of your accident, and that the injuries you sustained are worthy of financial compensation. This can be a long process however, the trial is when you can finally determine whether you'll receive the compensation you're entitled to. In the case of a trial before jurors, your lawyer will argue for the defendant's responsibility and the need to be held accountable for your losses. The defendant will argue that their actions are not related to the accident, which will keep them from having to pay you for your losses. You must attend a pre-trial conference prior to proceeding with the trial. This is the first time your case is subject to deadlines set by a judge. It is also the time when your lawyer will discuss the case with the defense. Preliminary conferences are usually conducted by a judicial register or someone on the court's staff. If the case is handled in accordance with the New York's Differentiated Case Management Rule, or otherwise exempted from the Rules, all parties are required to attend in person. If a person is unable to attend in person, the convenor is able to permit them to participate via phone or via the internet. 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 under one of the three classifications – expedited, standard or complex. Bill of Particulars After a complaint and summons are filed, the defendant parties named in the lawsuit have either twenty or thirty days in which to file an Answer (although this deadline may be extended with the court's consent). Once the Answer is filed, the case is moved into what is called the discovery phase. In this phase both sides exchange information in the form of written demands for discovery and depositions. Following the conclusion of discovery, the plaintiff's attorney prepares what is known as a Bill of Particulars. Lowell injury attorneys is a legal declaration of claims 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 that are made to help them prepare for trial. Before a Bill of Particulars can be followed, it must be scrutinized by the court. In general, a court will only accept a Bill of Particulars if it isn't vague or overly broad. A Bill of Particulars must only include the specific acts of negligence that are being asserted and not include any new claims. For instance in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. In 1994, the court affirmed the motion to strike out the reference to willful or deliberate actions in a medical malpractice case. The court will not allow a new theory to be introduced at any point in the case that is unreasonably late. To avoid prejudice, any late amendment to a Bill of Particulars must be supported by an affidavit that gives a reasonable explanation of the tardiness of the amendment. Physical Exam You may question the reason why a doctor, who isn't familiar with you or your medical history and is unfamiliar with the specifics of your incident, would be asked to conduct a medical exam. This type of exam is required under Washington law, could be beneficial to your case. Typically, IMEs are conducted by medical doctors who are employed by the insurance company representing the defendant and their aim is to offer an alternative 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 can be given to victims of injuries. Your Orange County personal injury attorney will ensure that you are aware of what to expect from an IME and will provide a copy to the doctor of the relevant medical records. Your lawyer will be present during the IME to ensure that the questions posed by the doctor are in line with your medical records. You should not downplay or exaggerate the severity of your injury to these doctors. They are trained to detect fraudulent behavior, and can make use of this information in a trial.