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What is a Personal Injury Lawsuit? If you've been injured by another person's actions or inactions, you could be entitled to compensation. Contact a knowledgeable personal injury attorney to learn more about your rights. A personal injury lawsuit is civil litigation where the plaintiff seeks compensation for their losses. This can include medical bills 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 a legal proceeding to compel another person or entity to pay you compensation for the damages resulting from an accident. The person who is injured is referred to as the plaintiff while the parties accountable are known as defendants. If someone dies as the result of carelessness or infractions committed by others the wrongful death case may be part of personal injury claims. The damages of a victim are typically broken down into two groups which are: punitive and compensatory. Compensation damages are based on medical bills, pain and suffering compensation, and other out-of-pocket expenses. Punitive damages are not common and are designed to punish the offender for extreme behavior. This category covers all costs that result from the accident or injury. This could include hospital bills medical expenses, doctor's charges and physical therapy costs. Some claims could also cover additional costs, like 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 can also be referred to by the term “pain and suffer” damages. These damages are more difficult to quantify and include the emotional distress and mental stress that an accident can cause. Depending on Erie injury lawyers of your injuries, your lawyer can help you place a value on these damages. It could be based on your capacity to participate in activities that you previously enjoyed or your loss of connection with family members. Statute of Limitations In a legal rule known as the statute of limitations, any person who is injured in an accident must file a lawsuit within a specific time period or else their claim will be rejected by the courts. This is to stop evidence from being forgotten or lost, and to prevent those who delay bringing litigation related to an incident out indefinitely. The exact duration of time differs from state to state however, personal injury claims typically have a two- to four-year time limit. However, there are exceptions that can extend the time that a victim must file their claim and they should seek legal advice when to determine whether or not their case falls into one of the exceptions. The statute of limitations is only applicable to lawsuits filed in the court. A majority of injuries cases are resolved through the process of claiming insurance and do not require a formal lawsuit filing. It is important to give yourself enough time to file 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, but they are rare and need to be evaluated on a case-by-case basis. The statute of limitations might not start until the person realizes or should have realized that the injury was caused by someone else's negligence. In certain 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. The plaintiff claims that the defendant violated a duty of care, and that the breach caused harm and losses to the plaintiff and that the defendant should be held accountable for the losses. The complaint is the primary document that you file in a personal injury lawsuit. It provides detailed details concerning the incident that caused your injuries, and the damages you want. The complaint also includes a “prayer of relief” which describes what you want the court to do. The summons and complaint must be handed over to the defendant. After the complaint is filed, the defendant must respond to the complaint within a specified time frame, and may either deny or admit the allegations made in the complaint. The defendant can also file a counterclaim or add another defendant to the case by naming a third party defendant. A successful personal injury lawsuit is built on solid evidence, including medical documents and witness testimony. We work closely with our clients to ensure that all relevant information is collected and included in the case. The evidence will also help us negotiate with the defendant's attorneys or insurance companies to negotiate the best settlement possible. 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 from your accident, and that the injuries you sustained are worthy of financial compensation. It's a long process, but it's at the trial that you will be able to determine if you be awarded the compensation you deserve. In the case of a trial before jurors the lawyer will argue for the defendant's responsibility and the need to be held accountable for your losses. The defendant will present evidence to prove that their actions were unrelated to the accident. This will stop them from settling your losses. Before you can proceed to trial, you must attend a preliminaries conference. This is often the first time your case will be subject to deadlines set by the Court itself. This is also when your attorney will discuss the matter with the defense. A judicial registrar, or an official from the court staff, typically holds preliminary conferences. If the case is handled by New York's Differentiated Case Management Rule, or is otherwise exempt from the Rules the parties are required to be present in person. If a party is unable to attend in person, they may take part via phone or online with the permission of the convenor. If your case is scheduled to be part of the Differentiated Case Management program, a preliminary conference will also be a chance to determine whether your case falls into one of the three categories which are expedited, standard or complex. Bill of Particulars After a complaint and summons are filed, the defendants who are named in the lawsuit have the option of having twenty or thirty days to file an Answer (although this deadline can be extended if the court gives permission). Once the Answer is filed, the case is moved into what is called the discovery phase. In this phase, both parties exchange information via written discovery demands and depositions. Following the conclusion of discovery the attorney representing the plaintiff drafts what is called a Bill of Particulars. This document outlines the legal claims being made as well as the relief requested – typically an award of money damages. The Bill of Particulars is intended to put the defendant on notice of the specific legal claims being made, so that they can effectively prepare for trial. Before a Bill of Particulars can be accepted, it must 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 overbroad. A Bill of Particulars must only include the specific acts of negligence that are being claimed and must not include 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 upheld the motion to strike all any references to willful or intentional actions in a medical malpractice case. The court will not allow a new doctrine to be added at any point in the case that is unreasonably late. To avoid adverse consequences, a late amendment to a Bill of Particulars should only be allowed if accompanied by an affidavit offering an acceptable explanation for the lateness of the amendment. Physical Examination If a defense attorney or insurance company demands that you take part in an Independent Medical Examination (IME), your natural first instinct may be to question why a doctor who does not know you or your medical history and the particulars of your injury is required to conduct an examination. This type of examination is required by Washington law, can be beneficial to your case. IMEs are usually conducted by doctors employed by the insurance company of the defendant. They are there to offer a different perspective on your injuries. While they are sometimes described as “independent,” these physicians – just like the insurance companies – have their own agenda and financial stake in cutting down on the amount of compensation that could be awarded to an injured victim. Your Orange County personal injury attorney will ensure that you are aware of what to expect from an IME and will give an IME doctor with a copy of all relevant medical records. Your lawyer will also be present at the IME and can ensure that you are examined with respect and courtesy by ensuring that doctors ' questions aren't divergent from those in your medical records. Do not underplay or exaggerate the severity of your injury to the doctors. They are trained to spot fraud, and may make use of this information in a trial.