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What is a Personal Injury Lawsuit? You may be entitled to compensation if you have been injured due to the actions or inactions of a third party. Contact a seasoned personal injury lawyer to learn more about your rights. A personal injury lawsuit is civil litigation in which the plaintiff seeks compensation for their loss. This includes medical bills, lost wages and property damage. The process can run from several months to several years. Damages A personal injury lawsuit is an action to compel a 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 ones accountable. Personal injury cases may include wrongful death claims when someone dies due to the negligence or wrongful actions of others. Damages are typically classified into two categories: compensatory and punitive. Compensatory damages include medical bills, pain and suffering compensation and other out-of pocket expenses. Punitive damages, which are not common and are intended to punish the offender for committing extreme acts. This category covers all costs incurred as a result of the accident or injury. These may include hospital expenses, doctor's fees and physical therapy costs. Certain claims could also include additional expenses, such as transportation costs to and from appointments, or home modifications 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 accidents can cause. Your lawyer will assist you to determine the value of these damages based on the extent of your injury. It could be based on your ability to continue enjoying the activities you used to do or your loss of connection with family members. Statute of limitations A legal principle known as the statute of limitations requires that anyone who is injured in an accident file an action within a specified date or the claim will be dismissed. This is to prevent evidence from being lost or lost in the shuffle and to stop people from drag out litigation relating to incidents for an indefinite period. The exact duration of the time limit differs from one state another, but most personal injury claims have a time limit of between two and four years. There are certain exceptions to the time period for filing an injury claim. If you need assistance in determining whether your case falls under one of these exceptions, it is best to seek legal advice. The statute of limitations only applies to lawsuits filed in the court. Many cases of injury are resolved through the insurance claim process and do not require a formal lawsuit filing. It is important to give yourself enough time to file a lawsuit in the event that insurance negotiations aren't as smooth as you had hoped, or if a problem occurs that is not resolved by insurance. Some circumstances can pause the clock on the statute of limitations, but they are not common 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 made against municipalities. Complaint A personal injury lawsuit is brought by the victim against the party who caused the injury. The plaintiff claims that the defendant violated their duty of care and that the breach caused loss and harm to the plaintiff. The defendant is then held responsible for these damages. The first document filed with a personal injury lawsuit is referred to as the complaint, and it contains specific details about the incident that caused your injuries. It also outlines the damages you're seeking. It also contains an “prayer for relief” that describes what you want the court to do. The summons and complaint should be handed over to the defendant. After the complaint is filed, the defendant is required to file an answer to the complaint within a certain timeframe, and may either deny or admit the allegations made in the complaint. The defendant may also file a counterclaim or add a third party defendant to the case 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 all relevant information and then include it in the case. The evidence we have will also help us to negotiate with defense attorneys or insurance companies 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 caused your accident. You must also prove you were injured in your accident and that these injuries are worthy of financial compensation. This can be a long process however, the trial is where you'll be able to decide if you'll receive the compensation you're entitled to. In a trial before the jury the lawyer will argue for the defendant's liability and that they must be held accountable for your losses. The defendant will provide evidence that their actions are unrelated 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 be subject to deadlines set by the Court itself. This is also the time when your lawyer will discuss the issue with the defense. A judicial registrar, also known as an individual of the court staff typically conducts preliminary conferences. All parties must attend the preliminary conference in person, unless the case is handled in accordance with New York's Differentiated Case Management Rule or the Rules are otherwise exempted. If a party is unable to attend in person, the convenor is able to permit them to participate via telephone or online. If your case is going to be part of the Differentiated Case Management program, the preliminary conference will be a chance to determine whether your case falls under one of the three classifications that are expedited, standard, or complex. Bill of Particulars After the summons and complaint have been filed, the defendants named in the lawsuit will be given between twenty and thirty days (although this deadline may be extended by the court). Once the Answer is filed, the case moves into what is called the discovery phase. During this phase both parties exchange information through written demands for discovery and depositions. The lawyer of the plaintiff drafts the Bill of Particulars at the end of the discovery. The document details the legal claims being made and the relief sought – usually the award of damages in cash. Columbus injury attorneys of Particulars is intended to put the defendant on notice of the specific legal claims being made so that they is able to effectively prepare for trial. The court must review the Bill of Particulars before it is allowed to be enforced. Generally, the court will only comply with a Bill of Particulars that is not vague or overly broad. 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 ruled that the plaintiff was not negligent. 1994), the court sustained the motion to strike references to willful and intentional acts from a medical negligence claim. Similarly, the court will not allow the introduction of a new doctrine of recovery at a disproportionately late point in the action. To avoid negative consequences, an amendment made late to a Bill of Particulars should only be allowed if accompanied by an affidavit stating an adequate explanation for the delay in the amendment. Physical Examination You might be wondering the reason why a doctor, who doesn't know you, or your medical history, and isn't familiar with the details of your incident, would be asked to conduct a medical exam. However, this kind of examination is actually a requirement under Washington law, and it could be beneficial to your case. Typically, IMEs are conducted by medical doctors who are employed by the insurance company of the defendant and their aim is to offer a different perspective to your injuries. While they are sometimes called “independent,” these physicians – just like the insurance companies have their own agendas and financial interest in decreasing the amount of compensation that can be given to a victim of injury. Your Orange County personal injury attorney will make sure you know what to expect from an IME and will give an IME 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 fairly by ensuring that the questions of the doctor do not diverge from the ones in your medical records. It is crucial to not play with the extent of your injuries with these doctors, as they are trained to spot fraud and could utilize this information against you in trial.