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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 eligible for compensation. To learn more about your legal rights to pursue compensation, consult a knowledgeable personal injury lawyer. A personal injury lawsuit is a civil action where the plaintiff is seeking money to cover their losses, such as medical bills, lost wages, property damage and other expenses. The process can take anywhere from several months to several years. Damages A personal injury lawsuit is a process to compel another person or entity to pay compensation for the damage caused by an accident. The person who is injured is referred to as the plaintiff and the parties responsible are referred to as defendants. When someone dies as a result of the carelessness or infractions committed by others In wrongful deaths, the case may be part of personal injury lawsuits. 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 are uncommon and designed to punish the offender for extreme behavior. The first type of damages is typically referred to as “economic damages.” This includes all out-of-pocket expenses associated with the accident or injury. These may include hospital expenses medical expenses, doctor's charges and physical therapy costs. In some instances, additional expenses like the cost of travel to and from appointments, or modifications made to your home to accommodate permanent disabilities may also be included in an insurance claim. Non-economic losses are often called “pain and suffering” damages. These are more difficult to quantify and involve the mental and emotional stress, anxiety and suffering that an accident can cause. Your lawyer will assist you to evaluate these damages based upon the extent of your injury. This may be based on your ability to do things you were previously able to do or your loss of a relationship with family. Statute of Limitations A legal requirement known as the statute of limitation obliges anyone injured in an accident must file an action before a specific date or else the claim will be dismissed. This is to stop evidence from being forgotten or lost, and also to stop people from dragging incident-related litigation out for a long time. The time frame for filing a claim is different from one state to another, but most personal injury lawsuits have a time frame of two to four years. There are some exceptions to the time to file claims. If you need help in determining whether your case falls within one of these exceptions, it is recommended to seek legal advice. The statute of limitations only applies to lawsuits that are filed in court. Many cases of injury are resolved through the insurance claim process and do not require formal lawsuit filing. Even so, it is important to leave yourself plenty of time to take legal action in the event that insurance negotiations do not follow the plan or there is a problem that cannot be easily addressed through the insurance system. Some circumstances can pause the clock on the statute of limitations, but they are extremely rare and have to be considered on a case-by-case basis. For example the statute of limitations may not begin to run until a victim discovered or should have reasonably discovered that their injury was caused by another person's negligent actions, and in some states, such as New York, the statute of limitations differs for claims against municipalities. Complaint A personal injury lawsuit is a civil action filed by an injured party against the person or entity who caused the injury. The plaintiff claims that the defendant violated their duty of care and this breach resulted in loss and harm to the plaintiff. The defendant is then held responsible for these damages. The first document filed in a personal injury lawsuit is known as the complaint. It contains detailed allegations about the incident that caused your injuries. It also lists the damages you are seeking. It also contains the “prayer for relief” that describes what you would like the court to do. The complaint must be served on the defendant, along with a summons, which is a notice that they are being sued. The defendant must respond to the complaint within specific time limits and either admit or deny all the allegations in the complaint. The defendant can also file a counterclaim or add another defendant to the case as a third party defendant. A successful personal injury lawsuit is based on solid evidence including medical documents and testimony from witnesses. We work closely together with our clients to gather the relevant information and incorporate it in the case. The evidence we collect will also help 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 as a result of your accident, and that the injuries you sustained are worthy of financial compensation. It's not an easy procedure, but it's at the trial that you will finally know if you will be awarded the compensation you are entitled to. In a trial before the jury your lawyer will argue that the defendant is at responsibility and the need to be held accountable for your losses. The defendant will provide evidence that their actions do not contribute to the accident, which will keep them from having to compensate you for your losses. You must attend a pre-trial discussion prior to proceeding with the trial. This is usually the first time your case will be subject to deadlines set by the Court itself. This is also the time that your lawyer will discuss the case with the defense. Preliminary meetings are usually held by a judicial register or an individual from the court's staff. Unless the case is handled by the New York's Differentiated Case Management Rule, or if it is exempted from the Rules, all parties are required to be present in person. If a person is unable to attend in person, the convenor can permit them to attend via phone or via the internet. If your case is part of the Differentiated Case Management Program, an initial meeting also provides an opportunity to determine if your case falls under one of three categories: advanced standard or complex. Bill of Particulars After a complaint and summons are filed, the defendant parties identified in the lawsuit are given either twenty or thirty days in which to respond (although this deadline can be extended if the court gives consent). After the Answer is filed, the case moves into what is called the discovery phase. In this phase, both parties exchange information through written discovery demands and depositions. The lawyer for the plaintiff prepares the Bill of Particulars at the end of discovery. This document provides the legal claims being made as well as 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 he or she is able to effectively prepare for trial. The court must examine the Bill of Particulars before it is able to be followed. In general, the court will only be able to abide by the Bill of Particulars if it is not vague or broad. A Bill of Particulars should be limited to the specific acts of negligence being claimed and should not add new claims. For example, in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. 1994) the court granted the motion to strike references to intentional and willful actions from a medical malpractice claim. Similarly, the court will not allow the addition of a new theory of recovery at an unreasonable late stage in the case. To avoid prejudice, a belated amendment to the Bill of Particulars should only be permitted if supported by an affidavit offering a reasonable excuse for the delay in the amendment. Physical Examination If a defense attorney, or an insurance company asks you to attend an Independent Medical Examination (IME), your natural first instinct could be to wonder the reason a doctor who may not know you and your medical history and the details of your injury is requested to conduct an exam. This type of exam, which is required by Washington law, could be beneficial to your case. Typically, IMEs are conducted by doctors medical who are hired by the insurance company of the defendant and aim to offer an alternative perspective to your injuries. While they are sometimes referred to as “independent,” these physicians – just like the insurance companies – have their own agenda and financial motives in cutting down on the amount of compensation that could be awarded to an injured victim. If you decide to go through an IME, your Orange County personal injury lawyer will ensure that you are fully informed about what to expect. Hillsboro injury attorney will provide copies of all relevant medical records to the doctor to review. Your lawyer will also be present at the IME and can ensure that you are being treated fairly by ensuring that the questions of the doctor do not diverge from the ones you have in your medical records. You should not downplay or exaggerate the severity of your injuries to the doctors. They are trained to detect fraud, and may make use of this information in a trial.