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What is a Personal Injury Lawsuit? If you've been hurt due to another's actions or inactions, you may be entitled to compensation. To learn more about your legal rights to pursue compensation, consult a knowledgeable personal injury lawyer. A personal injury lawsuit is civil dispute where the plaintiff seeks compensation for their losses. This can include medical bills or lost wages, as well as property damage. The process can last between a few months and several years. Damages A personal injury lawsuit is a legal process which is filed to force another person or entity to compensate you for damages resulting from an accident. The person who is injured is referred to as the plaintiff while the parties accountable are known as defendants. If someone dies as a result of the negligence or wrongdoing by others, wrongful death cases are often included in personal injury lawsuits. Damages are usually classified into two categories: punitive and compensatory. Compensatory damages include medical bills, pain and suffering compensation and other out-of pocket expenses. Punitive damages, which are rare and are intended to punish the wrongdoer if they have committed extreme actions. This category covers all costs caused by the accident or injury. These could include doctor's bills as well as hospital expenses and physical therapy expenses. In certain cases, additional expenses like the cost of traveling to and from appointments, or modifications made to your home for permanent disabilities may also be included in a claim. Non-economic damage can also be described as “pain and suffer” damages. These damages are difficult to quantify, and they include the emotional distress and mental anguish caused by accidents. Based on the severity of your injuries, your lawyer will help you place a value on these damages. It could be based on the ability to participate in activities that you previously enjoyed or the loss of your relationship with family members. Statute of Limitations Under a legal rule called the statute of limitations, anyone who is injured in an accident must make a claim within a specified time or the claim will be rejected by the courts. This is done to prevent evidence from being forgotten or lost, and also to stop those who delay bringing litigation related to an incident out for an indefinite period. The exact duration of the time limit differs from one state another, but the majority of personal injury claims have a time limit of two to four years. There are certain exceptions to the time period for filing claims. If you need assistance in determining whether your case is one of these exceptions, then it is best to seek legal advice. A key aspect of the statute of limitations is that it only applies to the filing of a lawsuit in a court. Many cases of injury are resolved through the process of claiming insurance and do not require a formal lawsuit filing. It is still important to allow yourself enough time to start a lawsuit in the event that negotiations with insurance don't go as planned, or if there is a problem which cannot be resolved through insurance. Certain circumstances can stop the statute of limitations clock however, these situations are extremely rare and need to be considered on an individual case-by-case basis. For example, the statute of limitations may not start running until a victim discovered or should have reasonably discovered that their injury was caused by a negligence, and in certain states, like New York, the statute of limitations is different for claims against municipalities. Complaint A personal injury lawsuit is brought by the victim against the person 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 accountable for the damages. The complaint is the primary document filed in a personal injury lawsuit. It provides detailed details regarding the incident that caused your injuries and the damages you want. The complaint also contains an “prayer of relief” which outlines what you want the court to do. Sandy injury lawyer must be served on the defendant along with a summons which is a notification that they are being sued. After the complaint is filed, the defendant must file an answer to the complaint within a specific time period, and they may either deny or admit the allegations in the complaint. The defendant may also file a counterclaim, or add a third party defendant to the case as a third party defendant. A successful personal injury lawsuit is built on solid evidence, including medical documents and witness testimony. We 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 attorney for the defendant or insurance companies to negotiate the best settlement possible. Preliminary Conference In a personal injury case, your lawyer must prove that negligence on the part of the defendant caused your accident. You must be able to prove that you sustained injuries from your accident, and that the injuries you sustained are worthy of financial compensation. It can be a lengthy process, but it's at the trial that you'll find out if you receive the damages you are entitled to. In a jury trial your lawyer will argue that the defendant is accountable and must pay 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. You must attend a pre-trial meeting prior to proceeding with the trial. This is the first time your case is subject to deadlines set by a judge. This is also the time when your lawyer will discuss the matter with the defense. A judicial registrar, or a member of the court staff typically conducts preliminary conferences. All parties must attend the initial conference in person unless the case is handled in accordance with 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 can participate via phone or internet, with the consent of the convenor. If your case is to be part of the Differentiated Case Management program, the preliminary conference will provide an opportunity to determine whether your case falls within one of the three categories which are expedited, standard or complex. Bill of Particulars After the complaint and summons have been filed, the defendants named in the lawsuit will have between twenty and thirty days (although this time frame may be extended by the court). Once the Answer has been filed, the matter moves into what is called the discovery phase. In this phase the parties exchange information in the form of written demand for discovery and depositions. The plaintiff's lawyer prepares a Bill of Particulars at the end of the discovery. This document provides the legal claims that are being made and the relief requested – typically the award of damages in cash. The Bill of Particulars is intended to put the defendant on notice of the specific legal claims being filed so that they is able to effectively prepare for trial. Before a Bill of Particulars can be accepted, it must be reviewed by the court. In general, courts will only abide by a Bill of Particulars that is not overbroad or vague. A Bill of Particulars must only include the specific acts of neglect that are being alleged, and not add any new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ), for example was a case in which the court found that the plaintiff had not been negligent. In 1994, the court upheld the motion to strike all the reference to willful or deliberate acts in a medical malpractice case. The court will also not permit a new theory to be added at any point in the action that is unreasonable late. In order to avoid resultant adverse consequences, a late amendment to the Bill of Particulars should only be allowed when supported by an affidavit stating an adequate explanation for the delay in the amendment. Physical Examination When a defense attorney or insurance company demands that you take part in an Independent Medical Examination (IME) Your first reaction may be to question why a doctor who does not know you, your medical history, and the details of your injury is asked to conduct an exam. This type of examination is required by Washington law, can be beneficial to your case. Typically, IMEs are conducted by medical doctors who are employed by the insurance company of the defendant and their goal is to offer a different view of your injuries. Although they are sometimes referred to as “independent,” these physicians, just like insurance companies have their own agendas and financial stake in cutting down on the amount of compensation that can be granted to a victim who has been injured. If you choose to undergo an IME the Orange County personal injury lawyer will ensure that you are well-informed about what to expect. They will provide a copy of all relevant medical records to the doctor to look over. Your lawyer will also be present at the IME and will make sure that you are being examined with respect and courtesy by ensuring that questions of the doctor do not diverge from those in your medical records. You should not downplay or exaggerate the severity of your injuries to these doctors. They are trained to spot dishonesty, and could utilize this information in court.