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What is a Personal Injury Lawsuit? If you have been injured by another person's actions or inactions, you could be eligible for compensation. To learn more about your legal rights get in touch with a seasoned personal injury lawyer. A personal injury lawsuit is civil litigant where the plaintiff seeks compensation for their loss. This includes medical bills, lost wages and property damage. The process can take anywhere from several months to several years. Damages A personal injury lawsuit is a legal proceeding to compel a person or entity to pay money for damages related to an accident. The plaintiff is the one who was injured and the defendants are the parties responsible. If someone dies as the result of the inattention or negligence of others the wrongful death case can be included in personal injury claims. The damages a victim suffers are usually divided into two categories: compensatory and punitive. Compensation damages are based on medical bills, pain and suffering compensation and other out-of pocket expenses. Punitive damages are rare and are intended to penalize the perpetrator for their extreme behavior. The first type of damages is often called “economic damages.” This includes all out-of-pocket expenses associated with the accident and injuries. This could include hospital bills, doctor's fees and physical therapy costs. In some instances other expenses such as the cost of traveling to and from appointments, or modifications to your home to accommodate permanent disabilities could be included in the claim. Non-economic damages can also be referred to by the term “pain and suffer” damages. They are more difficult to quantify and are a result of the emotional distress, mental anguish and suffering caused by accidents. Your lawyer will help you value these damages based on the extent of your injury. This could be based on the ability to do activities you used to or your loss in consortium with family. Statute of limitations Under a legal rule called the statute of limitations, anyone who suffers an injury in an accident must make a claim within a specific time period or the claim will be dismissed by the courts. This is done to prevent evidence from being forgotten or lost and to stop individuals from dragging litigation relating to incidents out for a long time. The exact time limit varies from one state to another, but the majority of personal injury lawsuits have a time frame of between two and four years. There are some exceptions to the time limit for filing a claim. If you need help in determining whether your case falls under one of these exceptions, then it is recommended that you seek legal advice. The statute of limitations is only applicable to lawsuits that are filed in the court. Insurance claims are usually used to resolve injury cases and do not require formal lawsuits. It is essential to allow yourself sufficient time to file a lawsuit in the event that insurance negotiations aren't as smooth as you had hoped, or if a problem occurs which cannot be resolved through insurance. A few circumstances can pause the clock on the statute of limitations however these cases are extremely rare and need to be evaluated on an individual basis. The statute of limitation may not begin until the victim realizes or should have realized that the injury resulted from someone else's negligence. In some states, such as New York, it is different for claims against municipalities. Complaint A personal injury lawsuit is a civil action initiated by a victim against the person or entity that caused the injury. The plaintiff claims that the defendant violated the duty of care, and that the breach caused harm and losses to the plaintiff and that the defendant should be held accountable for the damages. The complaint is the initial document that you file in a personal injury lawsuit. It contains detailed allegations regarding the incident that led to your injuries and the damages you seek. The complaint also contains an “prayer for relief” which outlines what you would like the court to do. The complaint and summons must be given to the defendant. The defendant must respond to the complaint within a set of deadlines and either admit or deny all allegations made 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 documents and witness testimony. We work closely together with our clients to gather all relevant information and then include it in the case. The evidence we have will also assist us in negotiate with defendants' attorneys or insurance agents to negotiate the most favorable settlement offer. Preliminary Conference In a personal injury lawsuit the attorney for you must prove that the defendant's negligence caused your accident. You must be able to prove that you sustained injuries from your accident, and that the injuries you sustained are worthy of financial compensation. This can be a long process however, the trial is where you will be able to determine if you'll get the damages you deserve. In a trial before a jury the lawyer will argue for the defendant's responsibility and they will argue that they have to pay for your losses. The defendant will present evidence to show that their actions were unrelated to the accident. This will prevent them from paying you for your losses. Before you can proceed to trial you must attend a preliminaries conference. This is the first time your case will be subject to deadlines imposed by a court. This is also when your lawyer will discuss the issue with the defense. Preliminary conferences are typically conducted by a judicial register or an individual from the court's staff. If Folsom injury lawsuits is handled under the New York's Differentiated Case Management Rule, or otherwise exempted from the Rules, all participants 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 online. If your case is part of the Differentiated Case Management Program, a preliminary meeting is also an opportunity to determine whether your case falls within one of three categories namely complicated or expedited standard. 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 submit an Answer (although this deadline can be extended with the court's approval). Once the Answer is filed, the case is moved to what is known as the discovery phase. During this stage both parties exchange information through written demands for discovery and depositions. The lawyer of the plaintiff drafts a Bill of Particulars at the end of discovery. The document is a legal declaration of claims and the relief sought – typically an award of money damages. The Bill of Particulars is meant to inform the defendant of the specific legal claims that are made so that they can prepare for trial. The court must examine the Bill of Particulars before it is allowed to be enforced. In general, a court will only abide by a Bill of Particulars if it is not vague or overbroad. A Bill of Particulars should be limited to the specific negligence that is being claimed and should not add new claims. For example, in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. 1994) The court ruled in favor of the motion to strike references to willful and intentional acts from a medical negligence claim. Similarly, the court will not allow addition of a new theory of recovery at an unreasonably late stage in the litigation. To avoid adverse consequences, a late amendment to a Bill of Particulars should only be allowed when supported by an affidavit offering a reasonable excuse for the delay in the amendment. Physical Examination If a defense attorney, or an insurance company requests that you take part in an Independent Medical Examination (IME), your natural first instinct may be to question the reason why a doctor who does not know you and your medical history and the details of your accident is being requested to conduct an exam. But, this type of examination is actually required under Washington law, and could be beneficial in your case. IMEs are usually conducted by doctors employed by the defendant’s insurance company. Their goal is to provide an alternative perspective on your injuries. While they are sometimes referred to as “independent,” these physicians as well as insurance companies have their own agendas and financial interest in reducing the amount of compensation that can be granted to a victim who has been injured. If you decide to go through an IME, your Orange County personal injury lawyer will ensure that you are fully informed about what to expect and provide the complete set of medical records to the doctor to review. Your lawyer will also be present at the IME and can ensure that you are being treated fairly by ensuring that the questions of the doctor do not diverge from those in your medical records. Do not underplay or exaggerate the severity of your injury to the doctors. They are trained to spot dishonesty, and could utilize this information in court.