What is a Personal Injury Lawsuit? You may be entitled to compensation if you have suffered injuries due to the actions or inactions of someone else. Contact a knowledgeable personal injury attorney to learn more about your rights. A personal injury lawsuit is a civil action in which the plaintiff seeks compensation for their losses, such as medical expenses, lost wages, damages to property and other expenses. The process can take anywhere from a few months to several years. Damages A personal injury lawsuit is a legal process which is filed to compel another person, or entity, to pay you compensation for damages caused by an accident. accident injury lawyers who suffered the injury is known as the plaintiff while the responsible parties are called defendants. When someone dies as a result of inattention or negligence of others In wrongful deaths, the case are often included in personal injury lawsuits. Damages are typically classified into two categories: compensatory and punitive. Compensation damages are based on medical bills as well as pain and suffering compensation and other out-of pocket expenses. Punitive damages are uncommon and are intended to penalize the perpetrator for their extreme behavior. The first category of damages is typically known as economic damages. This is the term used to describe any out-of-pocket costs resulting from the accident or injury. These could include hospital bills medical expenses, doctor's charges and physical therapy costs. In some cases other 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 an insurance claim. Non-economic damages are also described as pain and suffer damages. These are more difficult to quantify and include the mental and emotional stress, anxiety and suffering that an accident can cause. Depending on the severity of your injuries, your lawyer will help you estimate the value of the damages. It could be based on your ability to continue enjoying the activities you were previously able to enjoy or your loss of consortium with family members. Statute of Limitations A legal principle known as the statute of limitations stipulates that anyone injured in an accident should file an action before a specific date or else the claim will be dismissed. This is done to prevent evidence from being lost or lost and to stop those who delay bringing litigation related to an incident out for a long time. The exact time frame is different from state to state however personal injury claims generally have a two- to four-year limitation. There are certain exceptions to the time limit for filing claims. If you need help to determine if your claim falls under one of these exceptions, it is recommended to seek legal advice. The statute of limitations applies only to lawsuits that are filed in court. Insurance claims are typically used to resolve injury cases and do not require formal lawsuits. It is important to allow yourself enough time to bring a lawsuit in the event that negotiations with insurance don't go as planned, or if there is a problem that is not resolved by insurance. A few circumstances can pause the clock of the statute of limitations, but these instances are very rare and have to be considered on an individual case-by-case basis. For instance the statute of limitations might not start to run until a victim discovered or reasonably should have discovered that their injury was caused by another person's negligent actions. In certain states, like New York, the statute of limitations is different for claims against municipalities. Complaint A personal injury lawsuit is a civil case brought by an injured person against the person or entity who caused the injury. It claims that the defendant violated the duty of care, and that this breach caused harm and loss to the plaintiff and that the defendant is accountable for the losses. The first document filed with a personal injury lawsuit is referred to as the complaint, and it includes specific allegations regarding the incident that led to your injuries. It also lists the damages you seek. The complaint also contains a prayer of relief that outlines what you would like the court to do. The summons and complaint should be handed over to the defendant. After the complaint is filed, the defendant has to file an answer to the complaint within a certain time period, and they 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 as a third party defendant. A successful personal injury lawsuit relies on solid evidence such as medical records and testimony from witnesses. We work closely with our clients to gather the relevant information and incorporate it in the case. The evidence we have will also assist us in negotiate with defense lawyers or insurance agents to negotiate 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 were injured in the accident and that your injuries are worthy of the amount of financial compensation. This can be a long process however, the trial is when you can finally determine whether you'll get the damages you're entitled to. In a trial before jurors your lawyer will argue that the defendant is at responsibility and they will argue that they have to be held accountable for your losses. The defendant will argue that their actions are unrelated to the accident, which will prevent them from having to pay you for your losses. You must attend a pre-trial conference before proceeding with the trial. This is the first time your case has deadlines set by a court. This is also the time where your attorney will discuss the case with the defense. A judicial registrar, or an official from the court staff, typically holds preliminary conferences. All parties must attend the preliminary conference in person unless the case is handled under the New York's Differentiated Case Management Rule or the Rules are exempted in other ways. If a party is unable to attend in person they are able to take part via phone or online with the permission of the convenor. If your case is part of the Differentiated Case Management Program, an initial meeting also provides an opportunity to determine whether your case falls under one of three categories - complicated or expedited standard. Bill of Particulars When a summons and complaint are filed, the defendant parties named in the lawsuit have the option of having twenty or thirty days to respond (although this deadline can be extended if the court gives consent). After the Answer is filed, the case is moved into what is called the discovery phase. In this period the parties exchange information in the form of written demands for discovery and depositions. The plaintiff's lawyer prepares a Bill of Particulars at the end of the discovery. This document outlines legal claims and the relief sought - 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 he or she can effectively prepare for trial. The court must review the Bill of Particulars before it is allowed to be enforced. Generally speaking, the court will only accept a Bill of Particulars that is not overbroad or vague. A Bill of Particulars should be limited to the specific acts of negligence asserted and should not include new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ) for instance, was a case where the court ruled that the plaintiff was not negligent. 1994) The court ruled in favor of the motion to strike references to intentional and willful acts from a medical negligence claim. The court will not allow a new doctrine to be introduced at an point in the action that is unreasonably late. To avoid causing prejudice a late amendment to the Bill of Particulars must be supported by an affidavit that provides a reasonable explanation for the lateness of this amendment. Physical Exam When a defense attorney or insurance company demands that you take part in an Independent Medical Examination (IME), your natural first instinct might be to ask the reason why a doctor who does not know you or your medical history and the particulars of your injury is requested to conduct an exam. This type of examination is required under Washington law, can be beneficial to your case. IMEs are typically conducted by doctors employed by the defendant’s insurance company. They are there to offer a different perspective on your injuries. These doctors, sometimes referred to as independent, have their own agendas and financial stakes in reducing the compensation that is paid to victims. Your Orange County personal injury attorney will ensure that you understand what to expect from an IME and will provide the doctor with a copy of all pertinent medical records. Your lawyer will also be present at the IME and will ensure that you are being examined with respect and courtesy by ensuring that doctors ' questions aren't divergent from those in your medical records. It is crucial to avoid playing with the severity of your injuries with these doctors, as they are trained to recognize dishonesty and may use this information against you in trial.
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