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What is a Personal Injury Lawsuit? If you have been injured through the actions or inactions, you could be eligible for compensation. Contact a knowledgeable personal injury attorney to learn more about your rights. A personal injury lawsuit is civil dispute in which the plaintiff seeks compensation for their losses. This includes medical expenses as well as lost wages and property damage. The process can last from a few months to several years. Damages A personal injury lawsuit is an action to compel another person or entity to pay you compensation for the damage caused by an accident. The injured party is known as the plaintiff while the parties responsible are referred to as defendants. If someone dies as the result of the carelessness or infractions committed by others the wrongful death case can be included in personal injury lawsuits. Damages are typically classified into two categories: punitive and compensatory. Compensatory damages are meant to make the victim whole again, including out-of-pocket expenses such as medical bills and compensation for pain and suffering. Punitive damages are not common and are intended to penalize the wrongdoer for extreme conduct. The first type of damages is typically called “economic damages.” This is the term used to describe any out-of-pocket costs resulting from the accident and injuries. These might include doctor's bills as well as hospital expenses and physical therapy costs. In some instances other expenses such as the cost of travel to and from appointments, or changes to your home to accommodate permanent disabilities can also be included in a claim. Non-economic damages are commonly called “pain and suffering” damages. They are more difficult to quantify and include the emotional distress, mental anguish and suffering caused by accidents. Depending on the severity of your injuries your lawyer will assist you to place a value on these damages. This could be based on the capacity to perform the things you did before or your loss of a relationship with family. Statute of limitations A legal requirement, known as the statute of limitations, anyone who suffers injury as a result of an accident must bring a lawsuit within a specified time or else their claim will be rejected by the courts. 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 length of time for filing a claim is different from state to state however personal injury claims generally have a two- to four-year limitation. There are some exceptions to the time period for filing an injury claim. If you need help determining if your case is one of these exceptions, then it is best to seek legal advice. The statute of limitations only applies to lawsuits that are filed in the court. Insurance claims are usually used to settle injury cases and do not require formal lawsuits. But, it's important to leave yourself plenty of time to file a lawsuit just in case insurance negotiations fail to follow the plan or an issue arises that cannot be resolved through the insurance system. A few circumstances can pause the clock of the statute of limitations however, these situations are rare and generally need to be considered on a case-by-case basis. The statute of limitations may not begin until the victim is aware or should have known that the injury was caused by another's negligence. In some states, like New York, it is different for claims that are made against municipalities. Complaint A personal injury lawsuit is brought by the victim against the person who caused the injury. It claims that the defendant breached their duty of care and this breach caused loss and harm to the plaintiff. The defendant is held responsible for these damages. The complaint is the first document that you file in a personal injury lawsuit. It provides detailed details concerning the incident that led to your injuries as well as the damages you seek. It also contains a “prayer for relief” that describes what you would like the court to do. The complaint and summons must be delivered to the defendant. After the complaint is filed, the defendant is required to respond to the complaint within a specific timeframe, and must either accept or deny the allegations made in the complaint. The defendant can also file a counterclaim or add a third party defendant to the case as 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 will also help us negotiate with the defendant's attorneys or insurance representatives to get the best settlement possible. Preliminary Conference In a personal injury case the attorney for you must prove that the defendant's negligence caused your accident. You must also prove that you suffered injuries from your accident, and that those injuries warrant financial compensation. It's a long procedure, but it's at the trial that you'll finally know if you will be awarded the compensation you are entitled to. In a trial before a jury, your lawyer will argue that the defendant is responsible and is required to compensate you for the losses you suffered. The defendant will provide evidence to prove that their actions were not related to the accident. This will stop them from paying you for your losses. You must attend a pre-trial discussion before you can proceed with the trial. This is the first time your case has deadlines set by a judge. It is also the time when your lawyer will discuss the case with the defense. A judicial registrar, or an official from the court staff, usually conducts preliminary conferences. If the case is handled in accordance with New York's Differentiated Case Management Rule, or otherwise exempted from the Rules All parties are required to attend in person. However, if a party is unable to attend in person they may participate via phone or internet with the permission of the convenor. If your case will be part of the Differentiated Case Management Program, an initial meeting also provides an opportunity to determine if your case falls under one of three categories – expedited standard or complex. Bill of Particulars After the summons and complaint are filed, the defendants named in the lawsuit will have twenty to thirty days (although this time frame may be extended by the court). Once the Answer is filed, the case is moved to what is known as the discovery phase. In this stage the parties exchange information through written discovery demands and depositions. The plaintiff's lawyer prepares a Bill of Particulars at the conclusion of the discovery. This document outlines legal 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 look over a Bill of Particulars before it is allowed to be enforced. Generally, the court will only abide by a Bill of Particulars that is not vague or broad. A Bill of Particulars must only include the specific acts of neglect that are being asserted, and not add any new claims. For instance in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. In 1994, the court affirmed the motion to strike all any references to willful or intentional acts in a medical malpractice case. The court will not allow a new doctrine to be introduced at a point in the action that is unreasonable late. To avoid prejudice, an amendment made late to a Bill of Particulars must be supported by an affidavit which gives a reasonable explanation for the tardiness of the amendment. Physical Examination If a defense attorney, or an insurance company demands that you attend an Independent Medical Examination (IME) the first reaction may be to question the reason a doctor who may not know you, your medical history, and the particulars of your accident is being requested to conduct an exam. However, this type of examination is actually an obligation under Washington law and could be beneficial to your case. IMEs are typically conducted by doctors hired by the insurance company of the defendant. Dayton injury lawyers is to provide an alternative perspective on your injuries. These doctors, who are often referred to as “independent” are able to have their own agendas and financial stakes in reducing the amount of compensation that can be awarded to injured victims. Your Orange County personal injury attorney will ensure that you are aware of what to expect from an IME and will provide a copy to the doctor of all relevant medical records. Your lawyer will be present during the IME to ensure that the questions posed by the doctor are consistent with your medical records. It is important to avoid playing with the extent of your injuries with these doctors, as they are trained to recognize dishonesty and may utilize this information against you at trial.