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What is a Personal Injury Lawsuit? If you've been hurt through the actions or inactions, you may be able to recover compensation. To learn more about your legal rights, contact an experienced personal injury lawyer. A personal injury lawsuit is a civil dispute where the plaintiff is seeking money to compensate for their losses, which include medical expenses, lost wages, property damage and other expenses. The process can last from a few months to a few years. Damages A personal injury lawsuit is an action to force another person or entity to pay you compensation for the damages resulting from an accident. The plaintiff is the victim and the defendants are the parties responsible. Personal injury cases may include the wrongful death of a person who dies due to negligence or wrongful actions of others. Damages are usually classified into two categories: punitive and compensatory. Compensation damages can include medical bills as well as pain and suffering compensation and other out-of pocket expenses. Punitive damages, which are not common and are intended to punish the wrongdoer when they have committed a number of extreme crimes. The first category of damages is typically known as “economic damages.” This covers the cost of out-of-pocket expenses incurred due to the accident and injuries. These may include hospital expenses medical expenses, doctor's charges and physical therapy costs. Certain claims could also include additional expenses, such as the cost of travel 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. They are more difficult to quantify and involve the emotional distress, mental anxiety and suffering that an accident can cause. Depending on the severity of your injuries your lawyer will assist you to determine the value of the damages. This may be based on your capacity to perform the things you were previously able to do or your loss in consortium with family. Statute of Limitations A legal requirement known as the statute of limitations requires that anyone who is injured in an accident should file an action within a specified date or else their claim will be dismissed. This is done to prevent evidence from being lost or lost and to stop people from dragging incident-related litigation out for a long time. The exact time frame varies from state to state however, personal injury claims typically have a two- to four-year limit. However there are exceptions that may prolong the time a victim has to submit their claim. They should seek legal advice for help to determine whether or not your case falls under one of these exceptions. One of the most important aspects of the statute of limitations is that it only applies to the filing of an action in a court. Insurance claims are typically used to resolve injury cases and do not require formal lawsuits. It is nevertheless essential to allow yourself sufficient time to bring a lawsuit in the event that negotiations with insurance do not go as planned or if a problem arises that cannot be resolved with insurance. Certain circumstances may stop the clock on the statute of limitations, however they are not common and have to be assessed on a case by case basis. The statute of limitations may not start until the person is aware or should have known that the injury resulted from someone else's negligence. In certain 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 party who caused the injury. It asserts that the defendant breached their duty of care, and that the breach caused harm and losses for the plaintiff. The defendant is accountable for the damages. The complaint is the first document that you file in a personal injury case. It includes specific allegations about the incident that caused your injuries, as well as the damages you seek. The complaint also contains an “prayer for relief” which outlines what you want the court to do. The summons and complaint must be handed over to the defendant. The defendant must respond to the complaint within specific deadlines and either admit or deny the allegations contained in the complaint. The defendant can also file a counterclaim, or add a third party defendant to the case by naming a third party defendant. A successful personal injury lawsuit relies on solid evidence, including medical records and testimony from witnesses. We work closely together with our clients to collect the relevant information and incorporate it in the case. The evidence will also assist us negotiate with the defendant's attorneys or insurance representatives to get the best settlement possible. Preliminary Conference In a personal injury lawsuit the attorney for you must prove that the negligence of the defendant caused your accident. You must also prove 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 get the compensation you are entitled to. In a trial before a jury your lawyer will argue for the defendant's responsibility and they will argue that they have to pay for your losses. The defendant will provide evidence that their actions are unrelated to the accident, which will keep them from having to reimburse you for your losses. You must attend a pre-trial discussion before proceeding with the trial. This is usually the first time your case will have deadlines established by the Court itself. It is also the time where your attorney will discuss the case with the defense. Discover More , or a member of the court staff typically holds preliminary conferences. All parties must attend the preliminary conference in person unless the case has been handled in accordance with New York's Differentiated Case Management Rule or the Rules are exempted in other ways. However, if a party is unable to attend in person they are able to take part via phone or online, with the consent of the convenor. If your case is part of the Differentiated Case Management Program, the initial meeting provides an opportunity to determine if your case falls under one of three categories: advanced standard or complex. Bill of Particulars After a summons or complaint are filed, the defendants identified in the lawsuit are given twenty or thirty days to respond (although this deadline can be extended if the court gives approval). When the Answer is filed, the case moves into what is known as the discovery phase. During this stage, both parties exchange information via written demands for discovery and depositions. The lawyer of the plaintiff drafts the Bill of Particulars at the end of the discovery. This document provides the legal claims being made 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, so that they can prepare for trial. Before a Bill of Particulars can be followed, it has to be reviewed by the court. In general, a court will only be able to abide by the Bill of Particulars if it is not vague or overbroad. A Bill of Particulars should be limited to the specific acts of negligence being asserted and should not include new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ), for example was a case in which the court found that the plaintiff was not negligent. In 1994, the court upheld a motion to strike any references to willful or intentional acts in a medical malpractice case. The court will not allow the introduction of a new doctrine of recovery at an unreasonable 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 Exam You might be wondering the reason why a doctor, who isn't familiar with you or your medical history and isn't familiar with the specifics of your accident, should be required to conduct a medical examination. However, this type of exam is actually required under Washington law, and could be beneficial to your case. Typically, IMEs are conducted by doctors medical who are hired by the insurance company representing the defendant and their goal is to offer an alternative view of your injuries. These doctors, sometimes called “independent” and have their own agendas and financial stakes in reducing the amount of compensation which is given to victims of injuries. 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 aware of what to expect. They will provide the complete set of medical records for the doctor to review. Your lawyer will also be present at the IME and will ensure that you are examined in a fair manner by ensuring that the doctors questions do not deviate from the ones you have in your medical records. You should not downplay or exaggerate the severity of your injury to these doctors. They are trained to spot fraud, and may make use of this information in a trial.