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What is a Personal Injury Lawsuit? You may be eligible for compensation if you were injured as a result of the actions or inactions of someone else. Contact a seasoned personal injury attorney to learn more about your rights. A personal injury lawsuit is a civil dispute in which the plaintiff seeks compensation for their losses. This can include medical bills as well as lost wages and property damage. The process can take several months to a few years. Damages A personal injury lawsuit is a legal proceeding that is taken to compel another person, or entity to compensate you for damages resulting from an accident. The plaintiff is the one who was injured and the defendants are the ones responsible. If someone dies as a result of the negligence or wrongdoing by others, wrongful death cases can be included in personal injury claims. The damages a victim suffers are usually divided into two categories that are punitive and compensatory. Compensation damages are based on medical bills as well as pain and loss compensation, and other out-of-pocket expenses. Punitive damages, which are rare and are intended to punish the wrongdoer if they have committed extreme crimes. This category covers all costs that result from the accident or injury. These might 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 modifications to your home to accommodate a disability that is permanent. Non-economic damages are also called “pain and suffer” damages. These damages are harder to quantify and include the emotional stress and mental anguish caused by accidents. Your lawyer will assist you to value these damages based on the severity of your injuries. This could be based on the ability to carry out the things you did before or your loss in consortium with your family. Statute of limitations In a legal rule known as the statute of limitations, anyone who suffers an injury in an accident must bring a lawsuit within a specified time or else their claim will be dismissed by the courts. This is done to stop evidence from being lost or lost, and also to stop individuals from dragging litigation relating to incidents out for an indefinite period. The exact time frame is different between states, but personal injury claims typically have a two-to four-year limit. There are certain exceptions to the to file a claim. If you need help determining if your case falls within one of these exceptions, it is recommended to seek legal advice. One of the main facets of the statute of limitations is that it is only applicable to the filing of a lawsuit in a court. Insurance claims are often used to settle injury cases and do not require formal lawsuits. However, it is crucial to give yourself enough time to take legal action in the event that insurance negotiations fail to follow the plan or an issue arises that cannot be resolved through the insurance system. Certain circumstances may stop the clock of the statute of limitations however these cases are very rare and have to be analyzed on a case-by-case basis. The statute of limitations might not be established until the victim 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 against municipalities. Complaint A personal injury lawsuit is brought by a victim against the person who caused the injury. The plaintiff claims that the defendant violated their duty of care and the breach caused harm and losses for the plaintiff. The defendant is then accountable for the damages. The complaint is the primary document that you file in a personal injury lawsuit. It contains detailed allegations concerning the incident that led to your injuries and the damages you seek. Troy injury lawyer contains a “prayer for relief” that describes what you want the court to do. The complaint and summons must be given to the defendant. After the complaint is filed, the defendant has to respond to the complaint within a certain timeframe, and must either accept or deny the allegations in the complaint. The defendant can also bring a counterclaim against plaintiff or bring in a different defendant as third-party defendant. A successful personal injury lawsuit is based on solid evidence, such as medical documents and witness testimony. We collaborate closely with our clients to ensure that all relevant information is gathered and included in the case. The evidence we gather can also assist us to negotiate with the defendants' lawyers or insurance agents to negotiate the most favorable settlement offer. Preliminary Conference In a personal-injury case the lawyer for you must prove that negligence on the part of the defendant led to your accident. You must also prove that you suffered injuries in your accident and that your injuries are worthy of the amount of financial compensation. It can be a lengthy process, but it is at the trial that you will finally know if you will receive the damages you are entitled to. In a trial before the jury your lawyer will argue for the defendant's responsibility and they will argue that they have to compensate you for your losses. The defendant will provide evidence that their actions are not related to the accident, which prevents them from having to compensate you for your losses. Before you can proceed to trial you must attend a preliminary conference. This is the first time your case will be subject to deadlines imposed by a judge. This is also when your attorney will be discussing the matter with the defense. Preliminary conferences are usually conducted by a judicial registrar, or a member of the court's staff. Unless the case is handled by New York's Differentiated Case Management Rule, or is otherwise exempt from the Rules the parties are required to be present in person. If, however, a person is unable to attend in person, they may participate via phone or internet with the permission of the convenor. If your case will be part of the Differentiated Case Management Program, the initial meeting provides an opportunity to determine if your case falls within one of three categories: advanced standard or complex. Bill of Particulars After a complaint and summons are filed, the defendant parties named in the lawsuit have twenty or thirty days to submit an Answer (although this deadline can be extended if the court gives permission). After the Answer has been filed, the case moves into what is called the discovery phase. During this stage, both parties exchange information via written demands for discovery and depositions. The lawyer for the plaintiff prepares the Bill of Particulars at the end of discovery. This document provides the legal claims that are being made and the relief requested – typically an award of money damages. The Bill of Particulars is intended to inform the defendant notice of the specific legal claims being made so that they can effectively prepare for trial. Before a Bill of Particulars can be followed, it has to be scrutinized by the court. In general, the court will only be able to 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 where the court concluded that the plaintiff had not been negligent. In 1994, the court affirmed the motion to strike all any references to willful or intentional acts in a medical malpractice case. The court will not allow a new theory to be introduced at any point in the action that is unreasonablely late. In order to avoid resultant prejudice, a belated amendment to a Bill of Particulars should only be allowed when supported by an affidavit stating a reasonable excuse for the lateness of the amendment. Physical Exam You might be wondering the reason why a doctor, who doesn't know you, or your medical history, and isn't familiar with the specifics of your incident, would be required to conduct a medical exam. This type of examination is required by Washington law, could be beneficial to your case. Typically, IMEs are conducted by doctors medical who are hired by the defendant's insurance company and their aim is to provide a different perspective to your injuries. These doctors, who are sometimes called “independent” are able to have their own agendas and financial stakes in reducing the amount of compensation that is awarded to injured victims. If you decide to go through an IME, your Orange County personal injury lawyer will make sure that you are well-informed about what to expect. They will provide copies of all relevant medical records to the doctor to review. Your lawyer will also be present at the IME and will make sure that you are examined fairly by ensuring that the doctors questions do not deviate from those in your medical records. It is not advisable to downplay or exaggerate the severity of your injury to the doctors. They are trained to detect fraudulent behavior, and can use this information at trial.