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What is a Personal Injury Lawsuit? You could be entitled to compensation if you were injured as a result of the actions or inactions of another person. To learn more about your rights under the law, contact an experienced personal injury lawyer. A personal injury lawsuit is a civil litigation where the plaintiff seeks compensation for their loss. This includes medical expenses, lost wages and property damage. The process can last from a few months to a few years. Damages A personal injury lawsuit is a process to force another person or entity to pay money for damages related to an accident. The party who suffered the injury is known as the plaintiff while the responsible parties are called defendants. Personal injury cases can also include the wrongful death of a person who dies due to the negligence or wrongful actions of others. Damages are usually divided into two categories: punitive and compensatory. Compensatory damages include medical bills as well as pain and loss compensation, and other out-of-pocket expenses. Punitive damages, which are not common and are designed to punish the offender when they have committed a number of extreme actions. The first category of damages is often called “economic damages.” This covers any out-of-pocket costs resulting from the accident and injuries. This could include hospital bills as well as doctor's fees and therapy costs. In some instances, additional expenses like the cost of travel to and from appointments or modifications to your home for permanent disabilities can also be included in the claim. Non-economic damages are commonly referred to as “pain and suffering” damages. These damages are more difficult to quantify, and include the emotional stress and mental anguish that accidents can cause. Based on the severity of your injuries, your lawyer can help you estimate the value of these damages. This might be based on your capacity to continue enjoying the activities you previously enjoyed or your loss of consortium with family members. Statute of Limitations In a legal rule known as the statute of limitations, any person who suffers an injury in an accident must make a claim within a specific time period or the claim will be rejected by the courts. This is to protect evidence from being lost or lost in the shuffle and to stop people from carrying out litigation related to an incident for a long time. The exact length of time for filing a claim varies from state to state however, personal injury claims typically have a two-to four-year time limit. There are certain exceptions to the period for filing a claim. If you need assistance in determining whether your case falls within one of these exceptions, it is best to seek legal advice. One of the most important aspects of the statute of limitations is that it applies only to the filing of a lawsuit in court. Many cases of injury are resolved through the insurance claim process and do not require formal lawsuit filing. 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 occurs that cannot be resolved with insurance. Certain circumstances can stop the clock on the statute of limitations, but they are not common and have to be considered on a case-by-case basis. For example the statute of limitations might not begin to run until a victim has discovered or ought to have realized that their injury was caused by someone else's negligent actions, and in certain states, such as New York, the statute of limitations differs for claims against municipalities. Complaint A personal injury lawsuit is a civil case initiated by a victim against the person or entity who caused the injury. It claims that the defendant breached a duty of care, that the breach caused harm and loss to the plaintiff, and that the defendant should be held accountable for the losses. The first document filed in a personal injury lawsuit is known as the complaint, and it contains specific details about the incident that led to your injuries. It also outlines the damages you are seeking. Santa Fe injury lawsuit contains an “prayer of relief” which outlines what you want the court to do. The complaint must be served to the defendant with a summons which is a notification that they are being sued. The defendant must respond to the complaint within certain time frames and either accept or deny the allegations contained in the complaint. The defendant may also file a counterclaim, or add another defendant to the case as third party defendant. A successful personal injury lawsuit depends 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 we gather 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 your lawyer must demonstrate 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 the amount of 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 deserve. In the trial before a jury your lawyer will argue the defendant's liability and that they must be held accountable for your losses. The defendant will present evidence to prove that their actions were unrelated to the accident. This will stop them from paying you for your losses. Before you can proceed to trial, you must attend a preliminaries conference. This is the first time your case has deadlines set by a court. It is also the time that your attorney will discuss the case with the defense. A judicial registrar, or an individual of the court staff typically conducts preliminary conferences. All participants must attend the preliminary conference in person unless the case has been handled by the New York's Differentiated Case Management Rule or the Rules are exempted in other ways. If a party cannot attend in person, they are able to take part via phone or online, with the consent of the convenor. If your case is to be a part of the Differentiated Case Management program, the preliminary conference will be a chance 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 be given twenty to thirty days (although this time frame may be extended by the court). Once the Answer has been filed, the matter moves into what is called the discovery phase. During this phase the parties exchange information through written demands for discovery and depositions. The lawyer of the plaintiff drafts a Bill of Particulars at the conclusion of the discovery. The document details the legal claims being made 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 they can prepare effectively for trial. Before a Bill of Particulars can be accepted, it must be reviewed by the court. In general, courts will only accept a Bill of Particulars that is not overbroad or vague. A Bill of Particulars must only include the specific acts of negligence that are being asserted and not include any new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ), for example was a case where the court concluded that the plaintiff was not negligent. In 1994, the court upheld the motion to strike all the reference to willful or deliberate actions in a medical malpractice case. The court will not allow the introduction of a new doctrine of recovery at an unreasonably late stage in the litigation. In order to avoid resultant prejudice, a belated amendment to a Bill of Particulars should only be allowed if accompanied by an affidavit offering an adequate explanation for the delay in the amendment. Physical Examination If a defense attorney or insurance company demands that you take part in an Independent Medical Examination (IME), your natural first instinct might be to ask the reason a doctor who may not know you, your medical history, and the specifics of your injury is requested to conduct an exam. However, this kind of examination is actually an obligation under Washington law, and it can be helpful to your case. Typically, IMEs are conducted by medical doctors who are employed by the insurance company of the defendant and aim to offer an alternative perspective to your injuries. These doctors, who are sometimes referred to as “independent”, have their own agendas and financial interests in reducing the amount of compensation that can be paid to victims. Your Orange County personal injury attorney will make sure you know what to expect from an IME and will provide a copy to the doctor of all relevant medical records. Your lawyer will also be present at the IME and will ensure that you are being examined fairly by ensuring that the doctors questions do not deviate from the ones in your medical records. It is crucial to avoid playing with the severity of your injuries with these doctors, as they are trained to recognize the deceit and may utilize this information against you at trial.