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What is a Personal Injury Lawsuit? If you have been injured through the actions or inactions, you could be eligible for compensation. To find out more about your legal rights get in touch with a seasoned personal injury lawyer. A personal injury lawsuit is a civil matter in which the plaintiff seeks money to compensate for their losses, including medical expenses, lost wages, property damage and other expenses. The process can take anywhere from several months to a few years. Damages A personal injury lawsuit is a legal action that is used to force another person or entity, to pay you compensation for damages caused by an accident. The injured party is known as the plaintiff while the responsible parties are called defendants. Personal injury cases may include cases of wrongful death when someone dies because of the negligence or wrongdoing of others. The damages a victim suffers are usually divided into two categories which are: punitive and compensatory. Compensation damages are designed to make the victim whole and regain their financial security, which includes out-of-pocket expenses such as medical bills as well as compensation for suffering and pain. Punitive damages, which are rare and are designed to punish the offender for committing extreme crimes. This category covers all expenses caused by the injury or accident. These could include doctor's bills, hospital costs and physical therapy expenses. In some instances other expenses such as the cost of traveling to and from appointments, or changes to your home due to permanent disabilities can be included in a claim. Non-economic damages are often called “pain and suffering” damages. These are more difficult to quantify and are a result of the mental and emotional stress, suffering and anguish caused by accidents. Based on the extent of your injuries, your lawyer will assist you to place a value on the damages. This may be based on your capacity to perform the things you were previously able to do or your loss of consortium with family. Statute of limitations Under a legal rule called the statute of limitations, anyone who suffers an injury in an accident must make a claim within a specific time period or their claim will be dismissed by the courts. This is done to prevent evidence from being forgotten or lost, and also to stop people from dragging incident-related litigation out indefinitely. The exact time frame differs between states, however personal injury claims generally have a two- to four-year time limit. There are certain exceptions to the time to file claims. If you need assistance to determine if your claim falls within one of these exceptions, it is best to seek legal advice. The statute of limitations is only applicable to lawsuits filed in the court. Many cases of injury are resolved through the process of claiming insurance and do not require formal lawsuit filing. It is still important to allow yourself enough time to file a lawsuit in the event that negotiations with insurance aren't as smooth as you had hoped, or if a problem arises that cannot be resolved with insurance. Some circumstances can pause the clock on the statute of limitations, however they are rare and need to be evaluated on a case-by-case basis. For instance, the statute of limitations might not start to run until a victim discovered or should have reasonably discovered that their injury was caused by a negligent actions. In some states, such as New York, the statute of limitations is different for claims against municipalities. Complaint A personal injury lawsuit is a civil case filed by an injured party against the person or entity that caused the injury. The plaintiff claims that the defendant breached a duty of care, and that this breach caused harm and loss to the plaintiff and that the defendant should be held accountable for the damages. 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 and outlines the damages you're seeking. It also contains a “prayer for relief” which outlines what you would like the court to do. The summons and complaint should be given to the defendant. After the complaint is filed, the defendant must respond to the complaint within a specified timeframe, and may either deny or admit the allegations made in the complaint. The defendant can also file a counterclaim against the plaintiff or bring in a different defendant as a third-party defendant. A successful personal injury lawsuit is based on solid evidence, including medical records and witness testimony. We work closely with our clients to collect the relevant information and incorporate it in the case. The evidence we gather can also assist us to negotiate with the defendants' attorneys or insurance companies to obtain the best settlement offer. Preliminary Conference In a personal injury case the attorney for you must prove that the negligence of the defendant caused your accident. You must also prove that you suffered injuries from your accident, and that the injuries you sustained are worthy of financial compensation. It's not an easy process, but it is at the trial that you'll finally know if you will be awarded the compensation you are entitled to. In a trial before a jury, your lawyer will argue that the defendant is liable and is required to compensate you for your losses. The defendant will present evidence to prove that their actions are not connected to the accident. This will stop the defendant from paying for your losses. Before proceeding to trial you must attend a preliminary conference. This is usually the first time your case will have deadlines established by the Court itself. This is also the time when your lawyer will discuss the case with the defense. A judicial registrar, also known as an official from the court staff, typically holds preliminary conferences. If the case is handled in accordance with New York's Differentiated Case Management Rule, or is otherwise exempt from the Rules the parties are required to attend in person. If a party is unable to attend in person they may participate via phone or internet with the permission of the convenor. If your case is scheduled to be a part of the Differentiated Case Management program, an initial conference can be an opportunity to identify whether your case falls within one of the three classifications – expedited, standard or complex. Bill of Particulars After the complaint and summons are filed, the defendants named in the lawsuit will have twenty to thirty days (although this deadline is able to be extended by the court). After the Answer is filed, the matter moves into what is called the discovery phase. In this period both sides exchange information in the form of written demand for discovery and depositions. The lawyer for the plaintiff prepares the Bill of Particulars at the end of discovery. This document outlines legal claims and the relief sought, usually the award of damages in cash. The Bill of Particulars is meant to inform the defendant of the specific legal claims made, to help them prepare for trial. Before a Bill of Particulars can be accepted, it must be scrutinized by the court. In Tampa , the court will only accept the Bill of Particulars if it is not vague or overbroad. A Bill of Particulars must only include the specific acts of negligence that are being asserted, and not add any new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ) for instance was a case in which the court concluded that the plaintiff was not negligent. In 1994, the court upheld the motion to strike all the reference to willful or deliberate acts in a medical malpractice case. In the same way, the court will not allow the addition of a new theory of recovery at an unreasonably late stage in the case. In order to avoid resultant negative consequences, an amendment made late to the Bill of Particulars should only be allowed if accompanied by an affidavit that provides an acceptable explanation for the lateness of the amendment. Physical Exam You may question 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 examination. However, this kind of exam is actually an obligation under Washington law and can be helpful in your case. Typically, IMEs are conducted by medical doctors who are employed by the defendant's insurance company and their aim is to offer an alternative perspective to your injuries. While they are sometimes described as “independent,” these physicians as well as insurance companies – have their own agenda and financial motives in decreasing the amount of compensation that may be granted to a victim who has been injured. If you decide to undergo an IME, your Orange County personal injury lawyer will make sure that you are well-informed about what to expect and provide copies of all relevant medical records to the doctor to look over. Your lawyer will be present during the IME to make sure that the questions asked by the doctor are consistent with your medical records. It is crucial to not play around with the severity of your injuries with these doctors, as they are trained to recognize fraud and could utilize this information against you at trial.