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What is a Personal Injury Lawsuit? You could be entitled to compensation if you have suffered injuries due to the actions or inactions of another person. Contact a seasoned personal injury lawyer to learn more about your rights. A personal injury lawsuit is a civil dispute where the plaintiff is seeking compensation for their losses, such as medical bills, lost wages, property damage and other expenses. The process can run from several months to several years. Damages A personal injury lawsuit is an action to compel a person or entity to pay you compensation for the damages resulting from an accident. The plaintiff is the one who was injured and the defendants are the ones accountable. Personal injury cases can include cases of wrongful death when someone dies because of the inattention or negligence of others. Damages are usually divided into two categories: compensatory and punitive. Compensatory damages are meant to ensure that the victim is completely again, including out-of-pocket expenses such as medical bills as well as compensation for suffering and pain. Punitive damages are uncommon and designed to punish the offender for extreme behavior. This category covers all costs incurred as a result of the accident or injury. These may include hospital expenses medical expenses, doctor's charges and physical therapy costs. Some claims may also include additional expenses, such as travel costs to and from appointments or the need to modify your home to accommodate a disability that is permanent. Non-economic damages are commonly called “pain and suffering” damages. These are more difficult to quantify and involve the mental and emotional stress, anguish and suffering caused by accidents. Your lawyer will assist you to evaluate these damages based upon the severity of your injury. This could be based on the capacity to perform the things you were previously able to do or your loss of consortium with your family. Statute of limitations A legal requirement known as the statute of limitations stipulates that anyone injured in an accident must file an action within a specified date or their claim will be dismissed. This is to stop evidence from being lost or lost, and also to stop those who delay bringing litigation related to an incident out for a long time. 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. There are some exceptions to the time to file an injury claim. If you require assistance determining if your case is one of these exceptions, then it is recommended that you seek legal advice. The statute of limitations applies only to lawsuits filed in court. A majority of injuries cases are resolved through the process of claiming insurance and do not require a formal lawsuit filing. But, it's important to leave yourself plenty of time to pursue legal action in the event that insurance negotiations do not go as planned or an issue arises that cannot be addressed by the insurance system. Certain circumstances may stop the clock on the statute of limitations, but they are not common and have to be considered on a case-by-case basis. The statute of limitation may not be established until the victim is aware or should have known that the injury resulted from someone else's negligence. In some states, such as New York, it is different for claims made against municipalities. Complaint A personal injury lawsuit is filed by the victim against the person who caused the injury. It alleges that the defendant breached a duty of care, that this breach caused harm and losses 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 and outlines the damages you're seeking. The complaint also includes a “prayer of relief” which describes what you want the court to do. The complaint must be served to the defendant with a summons that 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 allegations contained in the complaint. The defendant may also file a counterclaim against the plaintiff or bring in another defendant as a third-party defendant. A successful personal injury lawsuit is based 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 we have will also help us to negotiate with defendants' attorneys or insurance agents to negotiate the most favorable 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 that you suffered injuries in your accident and that the injuries are worthy of the amount of financial compensation. It can be a lengthy procedure, but it's at the trial that you will finally know if you will get the compensation you deserve. 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 that their actions do not contribute to the accident, which prevents them from having to reimburse you for your losses. Before proceeding to trial you must attend a preliminaries conference. This is often the first time that your case will be subject to deadlines that are set by the Court itself. This is also when your lawyer will discuss the issue with the defense. A judicial registrar, or an official of the court's staff, typically conducts preliminary conferences. All parties must attend the preliminary conference in person unless the case has been handled under the New York's Differentiated Case Management Rule or the Rules are otherwise exempted. If a party is unable to attend in person they can participate via phone or internet, with the consent of the convenor. If your case will be part of the Differentiated Case Management Program, the initial meeting provides an opportunity to determine whether your case falls within one of three categories – expedited standard or complex. Bill of Particulars When a summons and complaint are filed, the defendant parties named in the lawsuit have twenty or thirty days to submit an Answer (although this deadline can be extended with the court's approval). After the Answer has been filed, the case is moved into the discovery phase. During this phase, both parties exchange information through written demands for discovery and depositions. At the conclusion of discovery the attorney representing the plaintiff drafts what is called a Bill of Particulars. The document details legal claims and the relief sought – usually an award of money damages. 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 able to be followed. In general, a court will only abide by the Bill of Particulars if it is not vague or overbroad. A Bill of Particulars must only include the specific acts of negligence that are being alleged, and not add 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 any references to willful or intentional acts in a medical malpractice case. In Pompano Beach injury lawsuit , the court will not permit the introduction of a new theory of recovery at a disproportionately late stage in the litigation. To avoid adverse consequences, a late amendment to a Bill of Particulars should only be permitted if supported by an affidavit offering an acceptable explanation for the delay in the amendment. Physical Exam If a defense attorney or insurance company requests that you attend an Independent Medical Examination (IME), your natural first instinct could be to wonder why a doctor who does not know you, your medical history, and the particulars of your incident is asked to conduct an exam. However, this type of exam is actually an obligation under Washington law, and could be beneficial in your case. IMEs are typically conducted by doctors hired by the insurance company of the defendant. They are there to offer a different view of your injuries. These physicians, who are often referred to as “independent” and have their own goals and financial interests in reducing the amount of compensation that can be paid to victims. Your Orange County personal injury attorney will make sure you know what to expect from an IME and will give 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 do not deviate from the ones you have in your medical records. It is important to not play up or down the severity of your injuries to the doctors, since they are trained to recognize dishonesty and may utilize this information against you at trial.