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What is a Personal Injury Lawsuit? You could be entitled to compensation if you have been injured due to the actions or inactions of another person. Contact an experienced personal injury attorney to learn more about your rights. A personal injury lawsuit is a civil action in which the plaintiff seeks money to compensate for their losses, such as medical bills, lost wages damages to property and other expenses. The process can take several months to a few years. Damages A personal injury lawsuit is a process to force another person or entity to pay compensation for the damage caused by an accident. YouTube is the one who was injured, and the defendants are the ones responsible. If someone dies as a result of the inattention or negligence of others In wrongful deaths, the case can be included in personal injury claims. Damages are usually divided into two categories: punitive and compensatory. Compensation damages are designed to ensure that the victim is completely for good, including out-of-pocket costs like medical bills and compensation for pain and suffering. Punitive damages are uncommon and designed to punish the wrongdoer for extreme conduct. This category includes all expenses caused by the injury or accident. These could include hospital bills as well as doctor's fees and therapy costs. In some cases, additional expenses like the cost of travelling to and from appointments, or changes to your home for permanent disabilities could also be included in an insurance claim. Non-economic damages are also called “pain and suffer” damages. These damages are harder to quantify and include the emotional stress and mental anguish that an accident can cause. Your lawyer can help you evaluate these damages based upon the severity of your injuries. This could be based on your capacity to participate in activities that you previously enjoyed or the loss of your relationship with family members. Statute of Limitations A legal requirement known as the statute of limitations requires that anyone who is injured in an accident file an action before a specific date or their claim will be dismissed. This is done to prevent evidence from being forgotten or lost, and to prevent those who delay bringing litigation related to an incident out for an indefinite period. The exact duration of time is different from state to state, however, personal injury claims typically have a two- to four-year limitation. However, there are exceptions that can extend the time required for a victim to make a claim, and they should seek legal advice for help to determine if their case falls into one of these exceptions. One of the main facets of the statute of limitations is that it is only applicable to the filing of a lawsuit in court. Many injury cases are resolved through the process of claiming insurance and do not require formal lawsuit filing. It is important to give yourself enough time to start a lawsuit in the event that insurance negotiations don't go as planned, or if there is a problem that is not resolved by insurance. Certain circumstances can stop the clock of the statute of limitations however these cases are very rare and have to be considered on an individual case-by-case basis. The statute of limitations may not begin until the victim realizes or should have realized that the injury resulted from someone else's negligence. In some states, like New York, it is different for claims that are made against municipalities. Complaint A personal injury lawsuit is filed by a victim against the person who caused the injury. The plaintiff claims that the defendant violated a duty of care, that this breach caused harm and losses to the plaintiff, and that the defendant should be held accountable for the losses. The first document filed in a personal injury lawsuit is referred to as the complaint, and it contains detailed allegations about the incident that caused your injuries. It also outlines the damages you're seeking. The complaint also contains an “prayer for relief” that describes what you want 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. After the complaint is filed, the defendant has to respond to the complaint within a certain time frame, and must either accept or deny the allegations made in the complaint. The defendant can also file a counterclaim, or add a third party defendant to the case as third party defendant. A successful personal injury lawsuit is based on solid evidence such as medical records and testimony from witnesses. We work closely together with our clients to collect all relevant information and then include it in the case. The evidence will also help us negotiate with the defendant's attorneys or insurance companies to negotiate the best settlement possible. Preliminary Conference In a personal injury case, your attorney must prove that the negligence of the defendant caused your accident. You must also prove that you were injured in the accident and that your injuries are worthy of the amount of financial compensation. This can be a long process, but the trial is where you will be able to determine if you'll be awarded the damages you're entitled to. In a jury trial, your lawyer will argue that the defendant is liable and must pay you for the losses you suffered. The defendant will provide evidence that their actions are not related to the accident, which will prevent them from having to reimburse you for your losses. You must attend a pre-trial conference before you can proceed with the trial. This is the first time that your case has deadlines set by a court. This is also when your attorney will be discussing the issue with the defense. A judicial registrar, or a member of the court staff typically conducts preliminary conferences. Unless the case is being handled under the New York's Differentiated Case Management Rule, or otherwise exempted from the Rules, all 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 approval of the convenor. If your case is scheduled to be part of the Differentiated Case Management program, a preliminary conference will also provide an opportunity to determine whether your case falls into one of the three classifications that are expedited, standard, or complex. Bill of Particulars After the complaint and summons have been filed, defendants named in the lawsuit will have twenty to thirty days (although this deadline can be extended by the court). After the Answer has been filed, the case moves into the discovery phase. During this phase, both parties exchange information via written discovery demands and depositions. The lawyer for the plaintiff prepares the Bill of Particulars at the end of the discovery. This document outlines the legal claims being made as well as 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 filed so that he or she can prepare effectively for trial. Before a Bill of Particulars can be followed, it has to be reviewed by the court. In general, a court will only be able to abide by 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 claimed and not include any new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ), for example was a case in which the court ruled that the plaintiff was not negligent. In 1994, the court upheld a motion to strike the reference to willful or deliberate actions in a medical malpractice case. The court will not allow the addition of a new theory of recovery at an unreasonably late point in the action. In order to avoid resultant prejudice, a belated amendment to the Bill of Particulars should only be permitted if supported by an affidavit stating a reasonable excuse for the lateness of the amendment. Physical Examination You might be wondering the reason why a doctor, who isn't familiar with you or your medical history, and isn't familiar with the specifics of your accident, would be required to conduct a medical examination. This type of examination is required under Washington law, can be beneficial to your case. IMEs are usually conducted by doctors employed by the insurance company of the defendant. Their goal is to provide an alternative view of your injuries. These doctors, who are sometimes referred to as “independent” and have their own agendas and financial interests in reducing the compensation that can be paid to victims. Your Orange County personal injury attorney will ensure that you understand what you can 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 make sure that you are examined with respect and courtesy by ensuring that doctors ' questions aren't divergent from the ones in your medical records. It is not advisable to downplay or exaggerate the severity of your injury to these doctors. They are trained to detect dishonesty, and could make use of this information in a trial.