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What is a Personal Injury Lawsuit? You may be entitled to compensation if you have suffered injuries due to the actions or inactions of another person. To find out more about your legal rights, contact an experienced personal injury lawyer. A personal injury lawsuit is a civil action in which the plaintiff seeks money to compensate for their losses, such as medical bills, lost wages property damage, and other costs. The process can take anywhere from several months to a few years. Damages A personal injury lawsuit is a legal process which is filed to force another individual or entity to compensate you compensation for damages caused by an accident. The party who suffered the injury is known as the plaintiff and the responsible parties are called defendants. If You Tube dies as a result of inattention or negligence of others the wrongful death case may be part of personal injury claims. The damages a victim suffers are usually broken down into two groups which are: punitive and compensatory. Compensatory damages are intended to ensure that the victim is completely again, including out-of-pocket expenses such as medical bills as well as compensation for pain and suffering. Punitive damages are rare and are intended to penalize the perpetrator for their 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. In certain cases, additional expenses like the cost of travel to and from appointments or changes to your home due to permanent disabilities can also be included in an insurance claim. Non-economic damages can also be referred to by the term “pain and suffer” damages. These damages are difficult to quantify and include the emotional distress and mental anguish caused by accidents. Depending on the extent of your injuries, your lawyer will help you place a value on these damages. This could be based on the capacity to perform the things you were previously able to do or your loss of a relationship with your family. Statute of limitations A legal rule known as the statute of limitation obliges anyone injured in an accident must file an action within a specified date or the claim will be dismissed. This is to prevent evidence from being lost or forgotten and to stop people from carrying out litigation related to an incident for a long time. The exact duration of the 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 may extend the amount of time required for a victim to make a claim, and they should seek legal advice for help to determine if their case falls into one of the exceptions. A key aspect of the statute of limitations is that it applies only to the filing of a lawsuit in court. Many injury cases are resolved through the process of filing an insurance claim and do not require a formal lawsuit filing. But, it's crucial to give yourself enough time to file a lawsuit in the event that negotiations do not follow the plan or an issue arises that can't be addressed by the insurance system. Certain circumstances may stop the clock of the statute of limitations, but these instances are extremely rare and need to be evaluated on an individual case-by-case basis. For example, the statute of limitations may not start running until the victim discovers or should have reasonably discovered that their injury was caused by someone else's negligent actions, 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 claims that the defendant violated their duty of care, and that this breach resulted in loss and harm to the plaintiff. The defendant is held responsible for these damages. The complaint is the initial document that you file in a personal injury lawsuit. It includes specific allegations about the incident that caused your injuries and the damages you are seeking. The complaint also includes the “prayer of relief” which outlines what you want the court to do. The summons and complaint should be delivered to the defendant. The defendant must respond to the complaint within certain time frames and either accept or deny the allegations contained in the complaint. The defendant may also file a counterclaim against the plaintiff or introduce another defendant as a third-party defendant. A successful personal injury lawsuit is based on solid evidence, such as medical records and witness testimony. We collaborate 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 defendants' attorneys or insurance agents to negotiate the most favorable settlement offer. Preliminary Conference In a personal injury case, your attorney must prove 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. It's not an easy process, but it is at the trial that you'll 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 the losses you suffered. The defendant will present evidence to prove that their actions were not related to the accident. This will prevent the defendant from paying for your losses. You must attend a pre-trial conference before proceeding with the trial. This is the first time that your case is subject to deadlines set by a judge. This is also the time when your attorney will be discussing the issue with the defense. A judicial registrar, or an individual of the court's staff, usually conducts preliminary conferences. Unless the case is handled in accordance with 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 person is unable to attend in person, the convenor may permit them to participate via telephone or online. If your case is to be part of the Differentiated Case Management program, an initial conference can be a chance to determine whether your case falls under one of the three categories which are expedited, standard or complex. Bill of Particulars When a summons and complaint are filed, the defendants who are 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 moves into what is called the discovery phase. In this phase both parties exchange information via written demands for discovery and depositions. The lawyer of the plaintiff drafts a Bill of Particulars at the conclusion of the discovery. This document outlines 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 made, so that they can prepare for trial. Before a Bill of Particulars can be followed, it has to be scrutinized by the court. In general, the court will only be able to abide by the Bill of Particulars if it is not vague or broad. A Bill of Particulars must only include the specific acts of neglect that are being asserted and not include any new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ) for instance, was a case where the court concluded that the plaintiff had not been negligent. In 1994, the court affirmed the motion to strike all references to intentional or willful acts in a medical negligence case. The court will not allow introduction of a new doctrine of recovery at an unreasonable late point in the action. In order to avoid resultant adverse consequences, a late amendment to the Bill of Particulars should only be permitted if supported by an affidavit that provides a reasonable excuse for the lateness of the amendment. Physical Exam When a defense attorney or insurance company asks you to attend an Independent Medical Examination (IME) Your first reaction could be to wonder the reason a doctor who may not know you, your medical history, and the specifics of your accident is being required to conduct an examination. However, this kind of exam is actually an obligation under Washington law and can be helpful to your case. Typically, IMEs are conducted by medical doctors who are employed by the insurance company of the defendant and their goal is to provide a different perspective to your injuries. Although they are sometimes described as “independent,” these physicians, just like insurance companies have their own agendas and financial stake in cutting down on the amount of compensation that can be given to a victim of injury. Your Orange County personal injury attorney will ensure that you understand what you can expect from an IME and will provide the doctor with a copy 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. It is crucial to not play up or down the severity of your injuries with the doctors, since they are trained to spot dishonesty and may utilize this information against you in trial.