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What is a Personal Injury Lawsuit? You may be entitled to compensation if were injured as a result of the actions or inactions of a third party. Contact a knowledgeable 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, including medical bills, lost wages, property damage and other expenses. The process can last from a few months to several years. Damages A personal injury lawsuit is a process to compel a person or entity to pay you money for damages related to an accident. The injured party is known as the plaintiff while the parties responsible are referred to as defendants. Personal injury cases may include wrongful death claims when someone dies due to the negligence or wrongful actions of others. The damages a victim suffers are usually divided into two categories which are: punitive and compensatory. Compensation damages can include medical bills as well as pain and suffering compensation, and other out-of-pocket expenses. Punitive damages, which are very rare and are designed to punish the wrongdoer if they have committed extreme actions. This category covers all costs caused by the injury or accident. These may include hospital expenses as well as doctor's fees and therapy costs. In some cases additional expenses, such as the cost of travelling to and from appointments, or modifications to your home due to permanent disabilities could be included in a claim. Non-economic damage can also be referred to by the term “pain and suffer” damages. These are more difficult to quantify and include the emotional distress, mental suffering and anguish that accidents can cause. Your lawyer can help you value these damages based on the extent of your injury. This may be based on your ability to do things you did before or your loss of a relationship with your family. Statute of limitations In a legal rule known as the statute of limitations, any person who suffers injury as a result of an accident must make a claim within a certain time frame or the claim will be rejected by the courts. This is to protect evidence from being lost or forgotten, and to stop people from drag out incident-related litigation indefinitely. The time frame for filing a claim is different from one state to another, but most personal injury claims have a limit of between two and four years. However, there are exceptions that may extend the time a victim has to file their claim and they should seek legal advice when to determine whether or not their case falls into one of these exceptions. The statute of limitations is only applicable to lawsuits filed in the court. Many cases of injury are resolved through the insurance claim process and do not require formal lawsuit filing. However, it is important to leave yourself enough time to take legal action just in case insurance negotiations do not go as planned or an issue arises that cannot be easily addressed through the insurance system. A few circumstances can pause the clock on 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 start until the person realizes or should have realized that the injury was caused by another's negligence. In some states, like New York, it is different for claims made 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 violated their duty of care, and that this breach caused damage and losses for the plaintiff. The defendant is held accountable for the losses. Tacoma injury attorney YouTube file with a personal injury lawsuit is called the complaint, and it contains detailed allegations about the incident that led to your injuries. It also outlines the damages you are seeking. It also includes a “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 that is a notice that they are being sued. The defendant must respond to the complaint within specific deadlines and either admit or deny all allegations in the complaint. The defendant can also file a counterclaim, or add another defendant to the case as third party defendant. A successful personal injury lawsuit relies on solid evidence including medical documents and testimony from witnesses. We work closely with our clients to ensure that all relevant information is gathered and included in the case. The evidence will also help us negotiate with the attorney for the defendant or insurance representatives to get the most favorable settlement offer. 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 suffered injuries from your accident, and that the injuries you sustained are worthy of financial compensation. It can be a lengthy procedure, but it's at the trial that you'll be able to determine if you get the compensation you are entitled to. In a trial before a jury the lawyer will argue the defendant's responsibility and the need to be held accountable for your losses. The defendant will argue that their actions do not contribute to the accident, which will prevent them from having to compensate you for your losses. You must attend a pre-trial meeting before proceeding with the trial. This is the first time your case is subject to deadlines set by a court. This is also the time when your lawyer will discuss the case with the defense. Preliminary conferences are typically conducted by a judicial register or a member of the court's staff. All participants must attend the preliminary conference in person unless the case has been handled in accordance with the New York's Differentiated Case Management Rule or the Rules are otherwise exempted. If a person is unable to attend in person, the convenor may permit them to participate via telephone or online. If your case is going to be a part of the Differentiated Case Management program, a preliminary conference will also be a chance to determine whether your case falls into one of the three classifications – expedited, standard or complex. Bill of Particulars After the summons and complaint are filed, the defendants named in the lawsuit will be given twenty to thirty days (although this timeframe is able to be extended by the court). After the Answer has been filed, the case is moved into the discovery phase. During this time the parties exchange information in the form of written demands for discovery and depositions. The plaintiff's lawyer prepares a Bill of Particulars at the end of discovery. This document provides the legal claims that are being made and the relief sought – usually the award of damages in cash. The Bill of Particulars is intended to inform the defendant notice of the specific legal claims being made so that he or she can effectively prepare for trial. Before a Bill of Particulars can be accepted, it must be scrutinized by the court. In general, the court will only be able to abide by the Bill of Particulars if it isn't vague or overly broad. A Bill of Particulars must only include the specific acts of neglect that are being claimed, and not add any new claims. For example in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. In 1994, the court affirmed the motion to strike all any references to willful or intentional actions in a medical malpractice case. The court will not allow a new doctrine to be introduced at an stage in the litigation that is unreasonable late. To avoid prejudice, a belated amendment to the Bill of Particulars should only be permitted if supported by an affidavit that provides an adequate explanation for the delay in the amendment. Physical Examination You might be wondering why a doctor, who isn't familiar with you or your medical history, and isn't familiar with the specifics of your accident, should be required to conduct a medical exam. This type of exam is required by Washington law, can be beneficial to your case. Typically, IMEs are conducted by medical doctors who are employed by the defendant's insurance company and aim to provide a different perspective to your injuries. Although they are sometimes referred to as “independent,” these physicians as well as insurance companies have their own agendas and financial interest in reducing the amount of compensation that can be given to a victim of injury. Your Orange County personal injury attorney will ensure that you understand what you can expect from an IME and will provide the doctor with a copy of all pertinent 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 essential to not play up or down the extent of your injuries with these doctors, as they are trained to spot the deceit and may use this information against you at trial.