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What is a Personal Injury Lawsuit? You could be entitled to compensation if you have suffered injuries due to the actions or inactions of a third party. To learn more about your legal rights, contact an experienced personal injury lawyer. A personal injury lawsuit is a civil dispute where the plaintiff seeks compensation for their losses. This includes medical expenses, lost wages and property damage. The process can take several months to several years. Damages A personal injury lawsuit is a legal action which is filed to force another person or entity to compensate you for the damages that result from an accident. The plaintiff is the one who was injured and the defendants are the parties accountable. Personal injury cases can also include cases of wrongful death when someone dies due to the inattention or negligence of others. Damages are usually classified into two categories: punitive and compensatory. Compensation damages are designed to make the victim whole for good, including out-of-pocket costs like medical bills as well as compensation for pain and suffering. Punitive damages are rare and designed to punish the wrongdoer for extreme conduct. This category covers all expenses that result from the accident or injury. These may include hospital expenses as well as doctor's fees and therapy costs. In some instances, additional expenses like the cost of traveling to and from appointments, or modifications made to your home to accommodate permanent disabilities may also be included in the claim. Non-economic damages can also be described as “pain and suffer” damages. These damages are more difficult to quantify, and comprise the emotional distress and mental stress that an accident can cause. Your lawyer can help you evaluate these damages based upon the severity of your injury. This could be based on the ability to enjoy activities you previously enjoyed or your loss of consortium with family members. Statute of Limitations A legal principle known as the statute of limitations requires that anyone who is injured in an accident file an action within a specified date or else the claim will be dismissed. This is done to prevent evidence from being lost or lost, and also to stop individuals from dragging litigation relating to incidents out indefinitely. The exact time limit is different from one state to another, but the majority of personal injury lawsuits have a time frame of two to four years. However, there are exceptions that could extend the amount of time a victim has to file their claim and they should seek legal advice for help to determine whether or not their case falls into one of these exceptions. One of the most important aspects of the statute of limitations is that it applies only to the filing of an action in a court. Insurance claims are usually used to resolve injury cases and do not require formal lawsuits. Even so, it is important to allow yourself enough time to take legal action just in case insurance negotiations don't follow the plan or an issue arises that cannot be addressed by the insurance system. Certain circumstances may stop the clock on the statute of limitations, but they are rare and need to be considered on a case by case basis. The statute of limitation may not begin 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 that are made against municipalities. Complaint A personal injury lawsuit is filed by the victim against the party who caused the injury. The plaintiff claims that the defendant breached their duty of care and that the breach caused damage and losses for the plaintiff. The defendant is then held responsible for these damages. The first document you file with a personal injury lawsuit is referred to as the complaint, and it includes specific allegations regarding the incident that caused your injuries and outlines the damages you're seeking. The complaint also contains a “prayer for relief” that outlines what you want the court to do. Hampton injury lawyer 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 certain time limits and either admit or deny all allegations made in the complaint. The defendant can also file a counterclaim against the plaintiff or bring in a different defendant as third-party defendant. A successful personal injury lawsuit is based on solid evidence including medical documents and testimony from witnesses. We work closely with our clients to collect 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 negotiate the most favorable settlement offer. Preliminary Conference In a personal injury case the attorney for you must prove that the negligence of the defendant led to your accident. You must also prove you were injured in your accident and that your injuries are worthy of an amount of money. It can be a lengthy process, but the trial is where you'll be able to decide if you'll be awarded the damages you're entitled to. In a jury trial your lawyer will argue that the defendant is accountable and is required to compensate you for the losses you suffered. The defendant will provide evidence to show that their actions were unrelated to the accident. This will prevent them from settling your losses. You must attend a pre-trial conference before proceeding with the trial. This is typically the first time that your case will be subject to deadlines that are set by the Court itself. This is also the time when your lawyer will discuss the matter with the defense. Preliminary conferences are typically conducted 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 is otherwise exempt from the Rules All participants are required to attend in person. If, however, a person cannot attend in person, they may participate via phone or internet with the permission of the convenor. If your case is going to be a part of the Differentiated Case Management program, an initial conference can be a chance to determine whether your case falls within one of the three classifications that are expedited, standard, or complex. Bill of Particulars After a complaint and summons are filed, the defendants who are named in the lawsuit have either twenty or thirty days in which to file an Answer (although this deadline may be extended with the court's consent). Once the Answer is filed, the case moves into what is called the discovery phase. During this phase both parties exchange information through written demands for discovery and depositions. The lawyer for the plaintiff prepares a Bill of Particulars at the end of the discovery. The document is a legal declaration of 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 made, so that they can effectively prepare for trial. Before a Bill of Particulars can be followed, it must be reviewed by the court. In general, the court will only accept a 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 instance in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. 1994), the court sustained the motion to strike all references to willful and intentional acts from a medical malpractice claim. The court will not permit the addition of a new theory of recovery at a disproportionately late point in the action. To avoid causing prejudice any late amendment to a Bill of Particulars must be supported by an affidavit that gives a reasonable explanation of the delay of this amendment. Physical Examination You might be wondering the reason why a doctor, who doesn't know you, or your medical history and is unfamiliar with the specifics of your accident, would be asked to conduct a medical examination. However, this type of examination is actually required under Washington law, and can be helpful 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. These doctors, sometimes referred to as “independent” and have their own goals and financial interests in reducing the compensation that is awarded to injured victims. If you choose to undergo an IME the Orange County personal injury lawyer will make sure that you are aware of what to expect and will provide the complete set of medical records for the doctor to review. 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 avoid playing around with the extent of your injuries with these doctors, as they are trained to recognize fraud and could utilize this information against you in trial.