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What is a Personal Injury Lawsuit? You may be entitled to compensation if you have suffered injuries due to the actions or inactions of a third party. Contact an experienced personal injury lawyer to find out more about your rights. A personal injury lawsuit is a civil dispute in which the plaintiff seeks compensation for their losses, including medical bills, lost wages property damage, and other costs. The process can run between a few months and several years. Damages A personal injury lawsuit is a legal proceeding to compel a person or entity to pay compensation for the damages resulting from an accident. The injured party is known as the plaintiff and the responsible parties are called defendants. When someone dies as a result of inattention or negligence of others the wrongful death case can be included in personal injury claims. The damages of a victim are typically broken down into two groups which are: punitive and compensatory. Compensation damages can include medical bills, pain and suffering compensation, and other out-of-pocket expenses. Punitive damages, which are rare and are designed to punish the perpetrator for committing extreme acts. This category covers all costs that result from the accident or injury. These could include doctor's bills as well as hospital expenses and physical therapy costs. Some claims could also cover additional costs, like transportation costs to and from appointments or the need to modify your home to accommodate a permanent disability. Non-economic damages are also called “pain and suffer” damages. These damages are difficult to quantify and include the emotional distress and mental anguish that accidents can cause. Based on the severity of your injuries your lawyer will help you estimate the value of these damages. This could be based on the capacity to perform the activities you used to or your loss in consortium with your family. Statute of limitations A legal requirement known as the statute of limitations 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 done to prevent evidence from being lost or lost, and also to stop people from dragging incident-related litigation out for a long time. The exact time limit is different from one state to another, but the majority of personal injury lawsuits have a time frame of two to four years. There are certain exceptions to the period for filing claims. If Santa Fe injury attorneys require assistance determining if your case falls under one of these exceptions, it is recommended that you seek legal advice. One of the most important aspects of the statute of limitations is that it only applies to the filing of an action in court. Many injury cases are resolved through the process of filing an insurance claim and do not require a formal lawsuit filing. It is nevertheless important to allow yourself enough time to bring a lawsuit in the event that negotiations with insurance aren't as smooth as you had hoped, or if there is a problem that cannot be resolved with insurance. Certain circumstances may stop the statute of limitations clock however these cases are rare and generally need to be evaluated on an individual case-by-case basis. The statute of limitations might not start until the person realizes or should have realized that the injury resulted from someone else's negligence. In some states, such as New York, it is different for claims that are made against municipalities. Complaint A personal injury lawsuit is filed by the victim against the person who caused the injury. The plaintiff claims that the defendant breached their duty of care and the breach caused damage and losses for the plaintiff. The defendant is then accountable for the damages. The first document you file with a personal injury lawsuit is called the complaint. It contains detailed allegations about the incident that caused your injuries. It also outlines the damages you're seeking. The complaint also includes a “prayer of relief” which outlines what you want the court to do. The complaint must be served on the defendant along with a summons which is a notification that they are being sued. The defendant must respond to the complaint within certain deadlines and either admit or deny all the allegations made in the complaint. The defendant may also file a counterclaim against the plaintiff or bring in another defendant as third-party defendant. A successful personal injury lawsuit depends on solid evidence, including medical documents and testimony from witnesses. We work closely with our clients to collect the relevant information and incorporate it in the case. The evidence can also help us negotiate with the attorney for the defendant or insurance representatives to get the best settlement offer 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 due to your accident and that the injuries you sustained are worthy of financial compensation. This could be a long process however, the trial is where you can finally determine whether you'll be awarded the damages you're entitled to. In a trial before a jury, your lawyer will argue that the defendant is accountable and has to pay for your losses. The defendant will present evidence that their actions are not related to the accident, which will keep them from having to pay you for your losses. Before proceeding to trial you must attend a preliminaries conference. This is typically the first time your case will have deadlines that are set by the Court itself. It is also the time that your lawyer will discuss the case with the defense. A judicial registrar, or a member of the court staff typically conducts preliminary conferences. Unless the case is being handled in accordance with the New York's Differentiated Case Management Rule, or is otherwise exempt from the Rules All parties are required to attend in person. If a person is unable to attend in person, the convenor may allow them to participate by telephone or online. If your case is going to be a part of the Differentiated Case Management program, a preliminary conference will also provide an opportunity to determine whether your case falls under one of the three categories that are expedited, standard, or complex. Bill of Particulars After a complaint and summons are filed, the defendants identified in the lawsuit are given the option of having twenty or thirty days to respond (although this deadline can be extended with the court's permission). After the Answer is filed, the case is moved to what is known as the discovery phase. In this stage both parties exchange information via written discovery demands and depositions. The lawyer for the plaintiff prepares a Bill of Particulars at the end of discovery. This document outlines the legal claims being made and 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 filed so that he or she can effectively prepare for trial. The court must look over the Bill of Particulars before it can be complied with. In general, a court will only abide by 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 contain new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ), for example was a case in which the court ruled that the plaintiff was not negligent. In 1994, the court affirmed the motion to strike out references to intentional or willful acts in a medical malpractice case. Similarly, the court will not allow the addition of a new theory of recovery at an unreasonably late stage in the litigation. To avoid adverse consequences, a late amendment to a Bill of Particulars should only be allowed when supported by an affidavit offering an acceptable explanation for the delay in the amendment. Physical Exam You may question why a doctor, who doesn't know you, or your medical history and is unfamiliar with the specifics of your accident, would be required to conduct a medical exam. But, this type of exam 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 insurance company of the defendant and their goal is to offer a different perspective to your injuries. These doctors, who are often referred to as “independent”, have their own agendas and financial stakes in reducing the compensation that can be paid to victims. Your Orange County personal injury attorney will ensure that you are aware of what to expect from an IME and will provide an IME doctor with a copy of all 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. It is important to avoid playing around with the extent of your injuries with these doctors, as they are trained to spot dishonesty and may utilize this information against you at trial.