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What is a Personal Injury Lawsuit? You may be entitled to compensation if you have been injured due to the actions or inactions of another person. Contact a seasoned personal injury lawyer to find out more about your rights. A personal injury lawsuit is a civil action where the plaintiff is seeking money to compensate for their losses, which include medical bills, lost wages property damage, and other costs. The process can take anywhere between a few months and several years. Damages A personal injury lawsuit is an action to compel another person or entity to pay you money for damages related to an accident. The injured party is known as the plaintiff, while the responsible parties are called defendants. Personal injury cases can include wrongful death claims when someone dies due to negligence or wrongful actions of others. The damages a victim suffers are usually broken down into two groups: compensatory and punitive. Compensatory damages are intended to help the victim get back on track again, including out-of-pocket expenses like medical bills and compensation for suffering and pain. Punitive damages, which are not common, are meant to punish the wrongdoer when they have committed a number of extreme actions. This category covers all expenses incurred as a result of the accident or injury. These might include doctor's bills, hospital costs and physical therapy expenses. In some instances other expenses such as the cost of travelling to and from appointments or modifications to your home due to permanent disabilities may be included in a claim. Non-economic damages can also be called “pain and suffer” damages. These damages are difficult to quantify and include the emotional stress and mental anguish caused by accidents. Your lawyer will help you value these damages based on the severity of your injury. It could be based on your capacity to enjoy activities you previously enjoyed or your loss of consortium with family members. Statute of limitations A legal requirement, known as the statute of limitations, anyone who is injured in an accident must make a claim within a specific time period or the claim will be rejected by the courts. This is to prevent evidence from being lost or forgotten and to prevent people from dragging out incident-related litigation indefinitely. The exact length of time for filing a claim differs between states, however, personal injury claims typically have a two- to four-year limitation. However, there are exceptions that may extend the time that a victim must make a claim, and they should seek legal advice when to determine if your case falls under one of the exceptions. The statute of limitations is only applicable to lawsuits that are filed in the court. Insurance claims are often used to resolve injury cases and do not require formal lawsuits. It is important to allow yourself enough time to bring a lawsuit in the event that insurance negotiations do not go as planned or if a problem arises that is not resolved by insurance. Some circumstances can pause the clock on the statute of limitations, however they are not common and have to be evaluated on a case-by case basis. The statute of limitation may not start until the person discovers or should have known that the injury was caused by another's negligence. In certain states, such as New York, it is different for claims made against municipalities. Complaint A personal injury lawsuit is brought by a victim against the person who caused the injury. It claims that the defendant violated their duty of care and that this breach caused harm and losses for the plaintiff. The defendant is held accountable for the losses. The first document you file with a personal injury lawsuit is referred to as the complaint, and it contains detailed allegations about the incident that caused your injuries and outlines the damages you're seeking. The complaint also contains the “prayer of relief” which describes what you would like the court to do. The complaint must be served to the defendant with a summons which is a notification that they are being sued. After the complaint is filed, the defendant is required to submit an answer to the complaint within a specific timeframe, and will either admit or deny the allegations made 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 built on solid evidence, which includes medical documents and witness testimony. We work closely together with our clients to collect the relevant information and incorporate it in the case. The evidence we have will also help us to negotiate with the defense attorneys or insurance companies to negotiate the most favorable settlement offer. Preliminary Conference In a personal-injury case the lawyer for you must prove that negligence on the part of the defendant led to 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. It's a long process, but it's at the trial that you'll be able to determine if you receive the damages you are entitled to. In the case of a trial before a jury, your lawyer will argue the defendant's responsibility and they will argue that they have to pay for your losses. The defendant will provide evidence that their actions are not related to the accident, which will keep them from having to compensate you for your losses. Before proceeding to trial you must attend a preliminary conference. This is the first time your case will be subject to deadlines imposed by a court. This is also the time when your attorney will discuss the case with the defense. Albuquerque injury lawyer , also known as a member of the court's staff, typically holds preliminary conferences. Unless the case is being handled under the New York's Differentiated Case Management Rule, or is otherwise exempt from the Rules the parties are required to be present in person. However, if a party cannot attend in person, they can participate via telephone or on the internet with the permission of the convenor. If your case is part of the Differentiated Case Management Program, a preliminary meeting is also an opportunity to determine whether your case falls within one of three categories namely complicated or expedited standard. Bill of Particulars After the complaint and summons have been filed, the defendants named in the lawsuit will have between twenty and thirty days (although this deadline is able to be extended by the court). Once the Answer has been filed, the case is moved into what is called the discovery phase. During this phase both parties exchange information through written demands for discovery and depositions. The lawyer of the plaintiff drafts a Bill of Particulars at the end of discovery. This document outlines legal claims and the relief sought – typically 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 prepare effectively for trial. The court must review a Bill of Particulars before it is able to be followed. In general, the court will only accept the Bill of Particulars if it is not vague or broad. A Bill of Particulars should be limited to the specific acts of negligence asserted and should not include 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 the reference to willful or deliberate acts in a medical malpractice case. In the same way, the court will not allow introduction of a new doctrine of recovery at an unreasonably late point in the action. To avoid prejudice, a belated amendment to a Bill of Particulars should only be permitted if supported by an affidavit that provides an acceptable explanation for the lateness of the amendment. Physical Examination It is possible to ask the reason why a doctor, who doesn't know you, or your medical history, and isn't familiar with the details of your accident, would be asked to conduct a medical examination. This type of examination is required under Washington law, could be beneficial to your case. Typically, IMEs are conducted by doctors medical who are hired by the defendant's insurance company and their goal is to offer an alternative perspective to your injuries. These doctors, who are sometimes called “independent” and have their own agendas and financial stakes in reducing the amount of compensation which can be awarded to injured victims. If you decide to undergo an IME If you decide to undergo an IME, your Orange County personal injury lawyer will make sure that you are fully informed about what to expect and will provide a copy of all relevant medical records to the doctor to look over. Your lawyer will be present during the IME to ensure that the questions asked by the doctor are consistent with your medical records. It is essential to avoid playing up or down the severity of your injuries with these doctors, as they are trained to recognize fraud and could use this information against you in trial.