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What is a Personal Injury Lawsuit? You could be entitled to compensation if you have been injured due to the actions or inactions of someone else. Contact a knowledgeable personal injury lawyer to find out more about your rights. A personal injury lawsuit is a civil action where the plaintiff is seeking money to cover their losses, such as medical bills, lost wages, property damage and other expenses. The process can run between a few months and several years. Damages A personal injury lawsuit is a legal proceeding to compel a person or entity to pay compensation for the damage caused by an accident. The plaintiff is the injured party, and the defendants are the ones accountable. When someone dies as a result of inattention or negligence of others, wrongful death cases may be part of personal injury claims. Damages are usually divided into two categories: compensatory and punitive. Compensatory damages are intended to help the victim get back on track and regain their financial security, which includes out-of-pocket expenses like medical bills and compensation for pain and suffering. Punitive damages, which are not common and are intended to punish the wrongdoer for committing extreme acts. This category covers all expenses caused by the injury or accident. These could include hospital bills as well as doctor's fees and therapy costs. Certain claims could also include additional costs, like the cost of travel to and from appointments or modifications to your home to accommodate a disability that is permanent. Non-economic damages are often referred to as “pain and suffering” damages. They are more difficult to quantify and are a result of the emotional distress, mental anxiety and suffering that an accident can cause. Your lawyer will help you value these damages based on the severity of your injuries. This might be based on your ability to continue enjoying the activities you used to do or your loss of connection with family members. Statute of Limitations A legal requirement, known as the statute of limitations, anyone who is injured in an accident must make a claim within a specified time or the claim will be rejected by the courts. This is to stop evidence from being lost or lost, and to prevent people from dragging incident-related litigation out for a long time. The exact duration of time varies from state to state, but personal injury claims typically have a two-to four-year limitation. There are certain exceptions to the time period for filing a claim. If you need assistance determining if your case is one of these exceptions, then it is recommended that you seek legal advice. One of the main facets of the statute of limitations is that it applies only to the filing of a lawsuit in court. Insurance claims are typically used to resolve injury cases and do not require formal lawsuits. However, it is important to leave yourself enough time to file a lawsuit just in case insurance negotiations don't follow the plan or an issue arises that can't be easily addressed through the insurance system. Certain circumstances can stop the clock on the statute of limitations, but these instances are very rare and have to be evaluated on an individual case-by-case basis. The statute of limitations might not be established until the victim realizes or should have realized that the injury resulted from someone else's negligence. In Concord injury lawyers , such as New York, it is different for claims that are made against municipalities. Complaint A personal injury lawsuit is a civil case initiated by a victim against the person or entity that caused the injury. The plaintiff claims that the defendant breached their duty of care and that this breach resulted in damage and losses for the plaintiff. The defendant is then held responsible for these damages. The complaint is the first document that is filed in a personal injury lawsuit. It provides detailed details concerning the incident that led to your injuries and the damages you want. The complaint also includes a “prayer of relief” that outlines what you would like the court to do. The summons and complaint should be delivered to the defendant. After the complaint is filed, the defendant has to submit an answer to the complaint within a specified time period, and they will either admit or deny the allegations in the complaint. The defendant can also file a counterclaim, or add another defendant to the case as a third party defendant. A successful personal injury lawsuit is built on solid evidence, which includes medical documents and witness testimony. We collaborate closely with our clients to ensure that all relevant information is gathered and included in the case. The evidence can also help us negotiate with the defendant's attorneys or insurance companies to negotiate the best settlement offer possible. Preliminary Conference In a personal-injury case your lawyer must show that negligence on the part of the defendant led to your accident. You must also prove that you were injured in the accident and that the injuries are worth the amount of financial compensation. It's a long process, but it is at the trial that you'll find out if you be awarded the compensation you deserve. In a trial before a jury, your lawyer will argue that the defendant is accountable and must pay you for your losses. The defendant will provide evidence that their actions do not contribute to the accident, which will prevent them from having to pay you for your losses. Before proceeding to trial you must attend a preliminary conference. This is the first time that your case will be subject to deadlines imposed by a judge. This is also the time that your attorney will discuss the case with the defense. Preliminary conferences are typically conducted by a judicial registrar, or someone on the court's staff. All parties must attend the preliminary conference in person unless the case has been handled by New York's Differentiated Case Management Rule or the Rules are exempted in other ways. If a person is unable to attend in person, the convenor is able to permit them to attend 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 classifications – 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 respond (although this deadline may be extended with the court's consent). After the Answer is filed, the case moves into what is called the discovery phase. In this period, both sides exchange information in the form of written demand for discovery and depositions. The lawyer of the plaintiff drafts a Bill of Particulars at the conclusion of the discovery. The document details the legal claims that are being made and the relief sought – usually the award of damages in cash. The Bill of Particulars is intended to inform the defendant notice of the specific legal claims being filed so that he or she can prepare effectively for trial. The court must examine a Bill of Particulars before it can be complied with. In general, the court will only be able to abide by a 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 must not include new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ) for instance was a case in which the court found that the plaintiff had not been negligent. 1994) the court granted the motion to strike references to intentional and willful acts from a medical malpractice claim. The court will not allow introduction of a new doctrine of recovery at an unreasonably late stage in the case. To avoid negative consequences, an amendment made late to a Bill of Particulars should only be allowed if accompanied by an affidavit stating a reasonable excuse for the lateness of the amendment. Physical Exam If a defense attorney or insurance company requests that you take part in an Independent Medical Examination (IME) the first reaction may be to question the reason why a doctor who does not know you, your medical history, and the specifics of your incident is asked to conduct an exam. However, this kind of exam is actually required under Washington law and could be beneficial in your case. Typically, IMEs are conducted by medical doctors who are employed by the defendant's insurance company and aim to offer a different perspective to your injuries. Although they are sometimes referred to as “independent,” these physicians as well as insurance companies – have their own agenda and financial motives in reducing the amount of compensation that can be awarded to an injured victim. If you decide to undergo an IME If you decide to undergo an IME, your Orange County personal injury lawyer will ensure that you are fully informed about what to expect and will provide copies of all relevant medical records for the doctor to look over. Your lawyer will also be present at the IME and will ensure that you are being examined in a fair manner by ensuring that the doctors ' questions aren't divergent from the ones you have in your medical records. It is essential to not play with the severity of your injuries to these doctors, as they are trained to recognize dishonesty and may make use of this information against you in trial.