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What is a Personal Injury Lawsuit? You could be entitled to compensation if you were injured as a result of the actions or inactions of someone else. Contact a knowledgeable personal injury lawyer to learn more about your rights. A personal injury lawsuit is a civil dispute where the plaintiff is seeking money to cover their losses, including medical bills, lost wages, damages to property and other expenses. The process can run between a few months and several years. Damages A personal injury lawsuit is a process to force another person or entity to pay you compensation for the damages resulting from an accident. The injured party is known as the plaintiff, while the parties responsible are referred to as defendants. If someone dies as a result of the carelessness or infractions committed by others, wrongful death cases may be part of personal injury claims. Damages are typically classified into two categories: punitive and compensatory. Compensatory damages include medical bills as well as pain and loss compensation and other out-of pocket expenses. Punitive damages are not common and designed to punish the wrongdoer for extreme conduct. This category covers all expenses caused by the injury or accident. This could include hospital bills medical expenses, doctor's charges and physical therapy costs. In certain cases additional expenses, such as the cost of travelling to and from appointments, or modifications made to your home due to permanent disabilities could be included in the claim. Non-economic damage can also be referred to by the term “pain and suffer” damages. These are more difficult to quantify and include the emotional distress, mental anxiety and suffering that an accident can cause. Your lawyer will assist you to determine the value of these damages based on the severity of your injuries. It could be based on the ability to enjoy activities you were previously able to enjoy or your loss of consortium with family members. Statute of Limitations A legal rule known as the statute of limitation obliges anyone injured in an accident should file an action within a specified date or the claim will be dismissed. This is to safeguard evidence from being lost or forgotten, and to stop people from drag out litigation related to an incident for a long time. The time frame for filing a claim differs from one state another, but most personal injury lawsuits have a limit of between two and four years. There are certain exceptions to the limit for filing a claim. If you need help determining if your case falls under one of these exceptions, then it is best to seek legal advice. One of the most important aspects of the statute of limitations is that it is only applicable to the filing of an action in a court. Insurance claims are often used to resolve injuries and do not require formal lawsuits. Even so, it is important to allow yourself plenty of time to pursue legal action just in case insurance negotiations do not go as planned or an issue arises that cannot be resolved through the insurance system. A few circumstances can pause the statute of limitations clock however, these situations are very rare and have to be considered on a case-by-case basis. The statute of limitations may not start until the person discovers or should have known that the injury was caused by another's negligence. In certain states, such as New York, it is different for claims against municipalities. Complaint A personal injury lawsuit is a civil suit brought by an injured person against the person or entity who caused the injury. The plaintiff claims that the defendant breached the duty of care, that this breach caused harm and loss to the plaintiff and that the defendant should be held liable for those damages. The first document filed in a personal injury lawsuit is called the complaint, and it contains specific details about the incident that caused your injuries. It also lists the damages you are seeking. The complaint also includes a “prayer of relief” which describes what you want the court to do. The complaint and summons must be given to the defendant. After the complaint is filed, the defendant is required to respond to the complaint within a specified timeframe, and must either accept or deny the allegations made in the complaint. The defendant can also file a counterclaim or add another defendant to the case by naming third party defendant. A successful personal injury lawsuit is built on solid evidence, which includes medical records and witness testimony. We work closely with our clients to gather the relevant information and incorporate it in the case. The evidence will also assist us negotiate with the attorney of the defendant or insurance representatives to get the best settlement 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 suffered injuries from your accident, and that your injuries are a valid reason for financial compensation. It's a long procedure, but it's at the trial that you will finally know if you will get the compensation you deserve. In a jury trial your lawyer will argue that the defendant is accountable and is required to compensate you for the losses you suffered. The defendant will present evidence that their actions do not contribute to the accident, which will prevent them from having to reimburse you for your losses. Before proceeding to trial, you must attend a preliminary conference. This is typically the first time that your case will have deadlines that are set by the Court itself. It is also the time when your lawyer will discuss the case with the defense. Preliminary conferences are usually conducted by a judicial register or an individual from the court's staff. Unless the case is being handled in accordance with the New York's Differentiated Case Management Rule, or otherwise exempted from the Rules the participants are required to attend in person. If, however, a person is unable to attend in person they can participate via phone or internet with the approval of the convenor. If your case is scheduled to be part of the Differentiated Case Management program, a preliminary conference will also provide an opportunity to determine whether your case falls into one of the three classifications that are expedited, standard, or complex. Bill of Particulars After a complaint and summons are filed, the defendant parties named in the lawsuit have twenty or thirty days to submit an Answer (although this deadline may be extended with the court's approval). After the Answer is filed, the case enters what is known as the discovery phase. In this stage both parties exchange information through written discovery demands and depositions. Following the conclusion of discovery the attorney representing the plaintiff drafts what is called a Bill of Particulars. The document details the legal claims that are 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 made, so that they can prepare for trial. Before a Bill of Particulars can be followed, it must be examined by the court. Generally, the court will only accept 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 must not include new claims. Danbury injury attorneys . Jolly 203 A.D.2d (527 (2nd Dept. ), for example was a case where the court ruled that the plaintiff was not negligent. 1994) The court ruled in favor of a motion to strike all references to intentional and willful acts from a medical malpractice claim. Similarly, the court will not allow the introduction of a new doctrine of recovery at a disproportionately late stage in the litigation. To avoid causing prejudice, an amendment made late to a Bill of Particulars must be supported by an affidavit which gives a reasonable explanation of the lateness of this amendment. Physical Examination If a defense attorney or insurance company asks you to take part in an Independent Medical Examination (IME) the first reaction may be to question why a doctor who does not know you, your medical history, and the details of your injury is required to conduct an examination. However, this kind of examination is actually an obligation under Washington law and can be helpful to your case. Typically, IMEs are conducted by doctors medical who are hired by the defendant's insurance company and their goal is to offer an alternative view of your injuries. These doctors, who are sometimes called “independent”, have their own agendas and financial interests in reducing the amount of compensation that can be given to victims of injuries. If you choose 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 a copy of all relevant medical records for the doctor to examine. Your lawyer will be present during the IME to make sure that the questions asked by the doctor are in line with your medical records. It is essential to not play with the extent of your injuries with these doctors, as they are trained to recognize fraud and could use this information against you at trial.