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What is a Personal Injury Lawsuit? If you've been injured by another person's actions or inactions, you may be entitled to compensation. Contact a seasoned personal injury attorney to learn more about your rights. A personal injury lawsuit is civil litigation in which the plaintiff seeks compensation for their losses. This includes medical bills, lost wages and property damage. The process can take anywhere from a few months to several years. Damages A personal injury lawsuit is a process to force another person or entity to pay compensation for the damages resulting from an accident. The plaintiff is the one who was injured, and the defendants are the parties responsible. Personal injury cases can also include wrongful death claims when someone dies because of the negligence or wrongdoing of others. The damages of a victim are typically broken down into two groups that are punitive and compensatory. Compensatory damages are intended to make the victim whole and regain their financial security, which includes out-of-pocket expenses like medical bills as well as compensation for pain and suffering. Punitive damages, which are very rare and are designed to punish the offender if they have committed extreme actions. This category covers all costs that result from the accident or injury. These may include hospital expenses as well as doctor's fees and therapy costs. Some claims could also cover additional expenses, such as the cost of travel to and from appointments or modifications to your home to accommodate a permanent disability. Non-economic damages are commonly described as “pain and suffering” damages. These damages are harder to quantify, and include the emotional stress and mental stress that an accident can cause. Depending on the severity of your injuries your lawyer will help you estimate the value of these damages. This may be based on your ability to do things you were previously able to do or your loss of a relationship with family. Statute of limitations A legal rule known as the statute of limitation requires that anyone who is injured in an accident must file an action within a specified date or the claim will be dismissed. This is to protect evidence from being lost or forgotten, and to stop people from drag out litigation related to an incident for a long time. The exact duration of time varies between states, however, personal injury claims typically have a two-to four-year time limit. There are certain exceptions to the time to file a claim. If you need assistance to determine if your claim falls under one of these exceptions, it is best to seek legal advice. The statute of limitations is only applicable to lawsuits that are filed in court. Insurance claims are typically used to resolve injuries and do not require formal lawsuits. Even so, it is important to allow yourself plenty of time to file a lawsuit just in case insurance negotiations do not follow the plan or an issue arises that cannot be resolved through the insurance system. Certain circumstances can stop the clock on the statute of limitations, but they are not common and have to be evaluated on a case-by case basis. For instance, the statute of limitations might not begin to run until the victim discovers or ought to have realized that their injuries were caused by another person's negligence, and in certain states, such as New York, the statute of limitations is different for claims against municipalities. Complaint A personal injury lawsuit is a civil case initiated by a victim against the person or entity who caused the injury. It alleges that the defendant breached the duty of care, and that this breach caused harm and loss to the plaintiff and that the defendant should be held accountable for the damages. The complaint is the primary document that is filed in a personal injury case. It contains detailed allegations about the incident that led to your injuries, as well as the damages you are seeking. The complaint also includes a “prayer of relief” that outlines what you would like the court to do. The complaint must be served to the defendant with a summons, which is a notice that they are being sued. The defendant must respond to the complaint within a set of time limits and either admit or deny the allegations in the complaint. The defendant may also file a counterclaim or add a third party defendant to the case by naming a third party defendant. A successful personal injury lawsuit depends on solid evidence such as medical documents and testimony from witnesses. Philadelphia injury lawyers YouTube collaborate 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 representatives to get the most favorable settlement offer. 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 due to your accident and that those injuries warrant financial compensation. It's not an easy procedure, but it's at the trial that you'll be able to determine if you receive the damages you deserve. In the case of a trial before jurors your lawyer will argue that the defendant is at responsibility and they will argue that they have to pay for your losses. The defendant will argue 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 conference before you can proceed with the trial. This is the first time your case will be subject to deadlines imposed by a judge. This is also the time where your attorney will discuss the case with the defense. Preliminary meetings are usually held by a judicial registrar or an individual from the court's staff. If the case is handled by the New York's Differentiated Case Management Rule, or otherwise exempted from the Rules All participants are required to attend in person. If, however, a person is unable to attend in person they are able to participate via phone or internet with the approval of the convenor. If your case is 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 complaint and summons have been filed, the defendants named in the lawsuit will be given twenty to thirty days (although this time frame may be extended by the court). After the Answer is filed, the case is moved to what is called the discovery phase. In this phase, both parties exchange information through written demands for discovery and depositions. The plaintiff's lawyer prepares the Bill of Particulars at the end of the discovery. This document outlines legal claims 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 made so that they can prepare effectively for trial. The court must look over a Bill of Particulars before it is able to be followed. In general, a court will only accept the Bill of Particulars if it is not vague or overbroad. A Bill of Particulars should be limited to the specific negligence that is being claimed and should not add new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ), for example, was a case where the court ruled that the plaintiff was not negligent. In 1994, the court affirmed a motion to strike the reference to willful or deliberate acts in a medical malpractice case. The court will also not allow a new doctrine to be introduced at an point in the case that is unreasonable late. To avoid prejudice, a belated amendment to the Bill of Particulars should only be permitted if supported by an affidavit that provides a reasonable excuse for the lateness of the amendment. Physical Exam You may question 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 kind of exam is actually a requirement under Washington law, and can be helpful to your case. IMEs are typically conducted by doctors hired by the insurance company of the defendant. Their goal is to offer a different perspective on your injuries. These doctors, sometimes referred to as “independent” and have their own agendas and financial interests in reducing the compensation that can be given to victims of injuries. Your Orange County personal injury attorney will make sure you know what you can expect from an IME and will provide an IME doctor with a copy of the relevant medical records. Your lawyer will be present during the IME to ensure that the questions asked by the doctor are in line with your medical records. Do not underplay or exaggerate the severity of your injuries to these doctors. They are trained to spot fraudulent behavior, and can make use of this information in a trial.