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What is a Personal Injury Lawsuit? If you've been injured through the actions or inactions, you may be eligible for compensation. 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, such as medical expenses, lost wages, property damage and other expenses. The process can run from a few months to several years. Damages A personal injury lawsuit is an action to force another person or entity to pay compensation for the damage caused by an accident. The plaintiff is the victim, and the defendants are the parties responsible. Personal injury cases can include wrongful death claims when someone dies due to the inattention or negligence 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 for good, including out-of-pocket costs like medical bills as well as compensation for suffering and pain. Punitive damages, which are not common, are meant to punish the wrongdoer for committing extreme actions. The first type of damages is typically referred to as “economic damages.” This covers any out-of-pocket costs resulting from the accident and injuries. These could include hospital bills, doctor's fees and physical therapy costs. In some instances, additional expenses like the cost of travel to and from appointments, or modifications made to your home for permanent disabilities can also be included in an insurance claim. Non-economic damages are also described as “pain and suffer” damages. These damages are harder to quantify and include the emotional stress and mental anguish that an accident can cause. Based on the severity of your injuries, your lawyer will assist you to estimate the value of the damages. This could be based on the ability to do things you were previously able to do 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 file a lawsuit within a specific time period or else their claim will be rejected by the courts. This is to prevent evidence from being lost or forgotten, and to stop people from carrying out litigation relating to incidents for an indefinite period. The exact length of time for filing a claim differs from state to state but personal injury claims typically have a two- to four-year time limit. There are certain exceptions to the period for filing a claim. If you require assistance in determining whether your case falls within one of these exceptions, then it is best to seek legal advice. The statute of limitations is only applicable to lawsuits that are filed in the court. Many injury cases are resolved through the process of filing an insurance claim and do not require a formal lawsuit filing. Even so, it is important to leave yourself enough time to file a lawsuit in the event that insurance negotiations fail to go as planned or there is a problem that cannot be resolved through the insurance system. Certain circumstances can stop the clock of the statute of limitations, but these instances are rare and generally need to be considered on an individual 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 a negligent actions. In certain states, such as New York, the statute of limitations differs for claims against municipalities. Complaint A personal injury lawsuit is brought by the victim against the person who caused the injury. The plaintiff claims that the defendant violated a duty of care, that the breach caused harm and loss to the plaintiff and that the defendant should be held accountable for the damages. The first document filed with a personal injury lawsuit is called the complaint. It contains specific details about the incident that caused your injuries. It also lists the damages you seek. The complaint also contains a “prayer of relief” which 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 a set of time limits and either admit or deny all allegations in the complaint. The defendant may also make a counterclaim against the plaintiff or introduce another defendant as third-party defendant. A successful personal injury lawsuit is based on solid evidence, such as medical documents and witness testimony. We work closely with our clients to ensure that all relevant information is gathered and included in the case. The evidence we gather will also assist us in negotiate with the defense attorneys or insurance companies to obtain the best settlement offer. Preliminary Conference In a personal-injury case, your lawyer must prove that negligence on the part of the defendant caused your accident. You must also prove you were injured in the accident and that the injuries are worthy of an amount of money. It's a long procedure, but it's at the trial that you will find out if you receive the damages you are entitled to. In a jury trial, your lawyer will argue that the defendant is liable and has to pay for your losses. The defendant will present evidence to prove that their actions are not connected to the accident. This will stop the defendant from paying for your losses. Before you can proceed to trial, you must attend a preliminary conference. This is often the first time that your case will be subject to deadlines that are set by the Court itself. Evanston is also when your attorney will be discussing the matter with the defense. A judicial registrar, also known as a member of the court's staff, typically conducts preliminary conferences. Unless the case is being handled in accordance with the New York's Differentiated Case Management Rule, or is otherwise exempt from the Rules All parties are required to be present in person. If a party is not able to attend in person, the convenor is able to permit them to participate via phone or via the internet. If your case will be part of the Differentiated Case Management Program, an initial meeting also provides an opportunity to determine whether your case falls into one of three categories: advanced standard or complex. Bill of Particulars After a complaint and summons are filed, the defendant parties identified in the lawsuit are given either twenty or thirty days in which to file an Answer (although this deadline may be extended if the court gives permission). When the Answer is filed, the case moves into what is known as the discovery phase. In this phase, both sides exchange information in the form of written demands for discovery and depositions. The lawyer of the plaintiff drafts a Bill of Particulars at the end of discovery. This document outlines the legal claims being made as well as the relief requested – typically the award of damages in cash. The Bill of Particulars is intended to put the defendant on notice of the specific legal claims being filed so that they can effectively prepare for trial. Before a Bill of Particulars can be accepted, it must be scrutinized by the court. Generally, the court will only accept a Bill of Particulars that is not overbroad or vague. A Bill of Particulars should be limited to the specific acts of negligence asserted and should not include new claims. For instance in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. In 1994, the court affirmed a motion to strike any references to willful or intentional acts in a medical malpractice case. In the same way, the court will not permit the addition of a new theory of recovery at an unreasonably late stage in the litigation. To avoid causing prejudice, a late amendment to the Bill of Particulars must be supported by an affidavit which gives a reasonable explanation for the tardiness of the amendment. Physical Examination When a defense attorney or insurance company demands that you take part in an Independent Medical Examination (IME) Your first reaction may be to question the reason why a doctor who does not know you or your medical history and the details of your incident is requested to conduct an exam. This type of examination is required under Washington law, could be beneficial to your case. IMEs are typically performed by doctors who are employed by the defendant’s insurance company. Their goal is to offer a different view of your injuries. These doctors, who are often referred to as “independent” and have their own goals and financial interests in reducing the compensation that can be given to victims of injuries. Your Orange County personal injury attorney will make sure you know what you can expect from an IME and will provide a copy to the doctor of all relevant medical records. Your lawyer will be present during the IME to ensure that the questions posed by the doctor are consistent with your medical records. It is important to avoid playing with the extent of your injuries with these doctors, as they are trained to recognize dishonesty and may make use of this information against you in trial.