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What is a Personal Injury Lawsuit? If you've been injured by another person's actions or inactions, you could be entitled to compensation. To learn more about your legal rights, contact an experienced personal injury lawyer. A personal injury lawsuit is a civil action where the plaintiff is seeking money to compensate for their losses, including medical bills, lost wages, damages to property and other expenses. The process can run between a few months and several years. Damages A personal injury lawsuit is an action to compel another person or entity to pay you compensation for the damage caused by an accident. Chandler injury lawsuits who suffered the injury is known as the plaintiff and the parties responsible are referred to as defendants. Personal injury cases can include cases of wrongful death when someone dies due to the inattention or negligence of others. The damages a victim suffers are usually divided into two categories which are: punitive and compensatory. Compensation damages are based on medical bills as well as pain and suffering compensation, and other out-of-pocket expenses. Punitive damages, which are rare and are designed to punish the wrongdoer if they have committed extreme actions. This category covers all expenses incurred as a result of the accident or injury. These could include hospital bills, doctor's fees and physical therapy costs. Some claims may also include 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 commonly described as “pain and suffering” damages. These damages are difficult to quantify, and include the emotional distress and mental anguish caused by accidents. Your lawyer can help you value these damages based on the severity of your injury. This may be based on your capacity to perform the things you did before or your loss in consortium with your family. Statute of limitations A legal principle known as the statute of limitation obliges anyone injured in an accident file an action before a specific date or else the claim will be dismissed. This is to prevent evidence from being lost or forgotten, and to prevent people from dragging out incident-related litigation indefinitely. The exact time frame differs between states, however personal injury claims generally have a two-to four-year limitation. There are certain exceptions to the time period for filing an injury claim. If you need assistance to determine if your claim falls within one of these exceptions, it is recommended to seek legal advice. The statute of limitations applies only to lawsuits that are filed in the court. Insurance claims are typically used to settle injury cases and do not require formal lawsuits. It is still essential to allow yourself sufficient time to start a lawsuit in the event that insurance negotiations aren't as smooth as you had hoped, or if a problem occurs that is not resolved by insurance. Some circumstances can pause the clock on the statute of limitations, but they are not common and have to be assessed on a case-by case basis. The statute of limitations may not be established until the victim realizes or should have realized that the injury resulted from someone else's negligence. In certain states, such as New York, it is different for claims against municipalities. Complaint A personal injury lawsuit is a civil suit initiated by a victim against the person or entity who caused the injury. It asserts that the defendant breached their duty of care, and that this breach caused loss and harm to the plaintiff. The defendant is accountable for the damages. The complaint is the primary document filed in a personal injury lawsuit. It contains detailed allegations regarding the incident that led to your injuries and the damages you seek. It also contains the “prayer for relief” that describes what you want the court to do. The summons and complaint must be given to the defendant. The defendant must respond to the complaint within a set of time limits and either admit or deny all allegations contained in the complaint. The defendant can also file a counterclaim against the plaintiff or introduce another defendant as a third-party defendant. A successful personal injury lawsuit is based on solid evidence including medical records and testimony from witnesses. We work closely with our clients to collect all relevant information and include it in the case. The evidence we gather will also assist us in negotiate with the defense attorneys or insurance companies to negotiate the most favorable settlement offer. Preliminary Conference In a personal injury lawsuit the attorney for you must prove that the defendant's negligence caused your accident. You must also prove that you suffered injuries due to your accident and that your injuries are a valid reason for financial compensation. It's a long process, but it's at the trial that you'll finally know if you will get 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 present evidence to prove that their actions were not related to the accident. This will prevent them from settling your losses. You must attend a pre-trial conference before you can proceed with the trial. This is typically the first time that your case will have deadlines that are set by the Court itself. This is also the time when your attorney will discuss the case with the defense. Preliminary conferences are usually conducted by a judicial registrar, or someone on the court's staff. All participants must attend the preliminary conference in person, unless the case is handled under 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 are able to participate via telephone or on the internet with the approval of the convenor. If your case is scheduled to be a part of the Differentiated Case Management program, the preliminary conference will provide an opportunity to determine whether your case falls under one of the three categories – expedited, standard or complex. Bill of Particulars After the summons and complaint are filed, the defendants named in the lawsuit will have between twenty and thirty days (although this timeframe may be extended by the court). After the Answer is filed, the case enters what is called the discovery phase. During this phase the parties exchange information via written demands for discovery and depositions. At the conclusion of discovery the attorney representing the plaintiff drafts what is known as a Bill of Particulars. This document outlines legal claims and the relief sought – usually an award of money damages. The Bill of Particulars is intended to put the defendant on notice of the specific legal claims being filed so that he or she can prepare effectively for trial. The court must look over a Bill of Particulars before it can be complied with. Generally speaking, the court will only comply with a Bill of Particulars that is not vague or overly broad. A Bill of Particulars should be limited to the specific acts of negligence claimed and should not add new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ), for example, was a case where the court found that the plaintiff had not been negligent. In 1994, the court upheld a motion to strike the reference to willful or deliberate acts in a medical malpractice case. The court will not allow a new doctrine to be added at any point in the action that is unreasonable late. In order to avoid resultant prejudice, a belated amendment to a Bill of Particulars should only be allowed when supported by an affidavit offering a reasonable excuse for the lateness of the amendment. Physical Exam If a defense attorney or insurance company requests that you take part in an Independent Medical Examination (IME) Your first reaction might be to ask the reason a doctor who may not know you, your medical history, and the details of your accident is being requested to conduct an exam. This type of examination is required by Washington law, can 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 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 stake in decreasing the amount of compensation that may be granted to a victim who has been injured. Your Orange County personal injury attorney will make sure you know what to expect from an IME and will give an IME doctor with a copy of all relevant medical records. Your lawyer will be present during the IME to ensure that the questions posed by the doctor are in line with your medical records. It is not advisable to downplay or exaggerate the severity of your injuries to these doctors. They are trained to spot dishonesty, and could use this information at trial.