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What is a Personal Injury Lawsuit? If you've been injured due to another's actions or inactions, you could be entitled to compensation. To learn more about your legal rights to pursue compensation, consult a knowledgeable personal injury lawyer. A personal injury lawsuit is a civil dispute where the plaintiff is seeking money to cover their losses, such as medical bills, lost wages, property damage and other expenses. The process can take anywhere from several months to a few years. Damages A personal injury lawsuit is a legal proceeding to compel another person or entity to pay you compensation for the damage caused by an accident. The plaintiff is the victim, and the defendants are accountable. Personal injury cases can include cases of wrongful death when someone dies due to negligence or wrongdoing of others. A victim's damages are typically broken down into two groups: compensatory and punitive. Compensatory damages are meant to make the victim whole and regain their financial security, which includes out-of-pocket expenses such as medical expenses and compensation for pain and suffering. Columbus injury lawyers , which are rare and are intended to punish the offender for committing extreme actions. The first type of damages is often known as “economic damages.” This includes any out-of-pocket costs resulting from the accident and injuries. These might include doctor's bills as well as hospital expenses and physical therapy costs. In some instances other expenses such as the cost of traveling to and from appointments or modifications to your home due to permanent disabilities may also be included in a claim. Non-economic losses are often described as “pain and suffering” damages. They are more difficult to quantify and involve the emotional distress, mental anxiety and suffering caused by accidents. Depending on the extent of your injuries, your lawyer will help you determine the value of the damages. This could be based on the 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 requires that anyone who is injured in an accident must file a lawsuit before a certain date or the claim will be dismissed. This is done to prevent evidence from being forgotten or lost, and also to stop those who delay bringing litigation related to an incident out indefinitely. The exact duration of the time limit is different from one state to another, but most personal injury claims have a time limit of between two and four years. However there are exceptions that can extend the time required for a victim to file their claim and they should seek legal advice when to determine whether or not their case falls within one of the exceptions. A key aspect of the statute of limitations is that it is only applicable to the filing of a lawsuit in a court. Many injury cases are resolved through the insurance claim process and do not require a formal lawsuit filing. It is nevertheless essential to allow yourself sufficient time to file a lawsuit in the event that negotiations with insurance aren't as smooth as you had hoped, or if there is a problem which cannot be resolved through insurance. Some circumstances can pause the clock on the statute of limitations, but they are extremely rare and have to be evaluated on a case by case basis. The statute of limitation may not start until the person is aware or should have known that the injury resulted from someone else's negligence. In some states, such as New York, it is different for claims against municipalities. Complaint A personal injury lawsuit is brought by a victim against the person who caused the injury. The plaintiff claims that the defendant violated a duty of care, and that this breach caused harm and loss to the plaintiff, and that the defendant is liable for those damages. The first document you file with a personal injury lawsuit is known as the complaint, and it contains detailed allegations about the incident that caused your injuries. It also lists the damages you seek. The complaint also contains the “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, which is a notice that they are being sued. After the complaint is filed, the defendant has to file an answer to the complaint within a certain timeframe, and will either admit or deny the allegations in the complaint. The defendant can also bring a counterclaim against plaintiff or bring in a different defendant as a third-party defendant. A successful personal injury lawsuit relies on solid evidence such as medical documents and testimony from witnesses. We work closely together with our clients to gather all relevant information and then include it in the case. The evidence we have can also assist us to negotiate with defense lawyers or insurance agents to get the best possible 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 that you suffered injuries from your accident, and that your injuries are a valid reason for financial compensation. This could be a long process however, the trial is where you will be able to determine if you'll be awarded the damages you're entitled to. In a jury trial your lawyer will argue that the defendant is liable and is required to compensate you for your losses. The defendant will present evidence to prove that their actions were not related to the accident. This will stop them from paying you for your losses. You must attend a pre-trial meeting prior to proceeding with the trial. This is often the first time that your case will be subject to deadlines set by the Court itself. This is also the time where your lawyer will discuss the case with the defense. A judicial registrar, or a member of the court staff usually conducts preliminary conferences. All participants must attend the preliminary conference in person, unless the case is handled in accordance with the New York's Differentiated Case Management Rule or the Rules are exempted in other ways. If, however, a person is unable to attend in person, they may participate via telephone or on the internet with the approval of the convenor. If your case is going to be part of the Differentiated Case Management program, a preliminary conference will also be a chance to determine whether your case falls within one of the three categories that are expedited, standard, or complex. Bill of Particulars After the complaint and summons have been filed, defendants named in the lawsuit will have between twenty and thirty days (although this deadline may be extended by the court). After the Answer is filed, the matter moves into the discovery phase. In this phase both sides exchange information in the form of written discovery demands and depositions. The lawyer for the plaintiff prepares a Bill of Particulars at the end of the discovery. The document details legal claims and the relief sought – typically an award of money damages. The Bill of Particulars is meant to inform the defendant of the specific legal claims made, so that they can prepare for trial. The court must look over a Bill of Particulars before it is able to be followed. Generally, the court will only abide by a Bill of Particulars that is not vague or broad. A Bill of Particulars should be limited to the specific acts of negligence claimed and should not contain new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ), for example was a case in which the court found that the plaintiff had not been negligent. 1994) The court ruled in favor of the motion to strike references to willful and intentional actions from a medical malpractice claim. The court will not allow a new theory to be added at an point in the action that is unreasonablely late. To avoid negative consequences, an amendment made late to the Bill of Particulars should only be permitted if supported by an affidavit offering an acceptable explanation for the delay in the amendment. Physical Exam If a defense attorney or insurance company requests that you attend an Independent Medical Examination (IME), your natural first instinct might be to ask why a doctor who does not know you or your medical history and the specifics of your accident is being requested to conduct an exam. This type of exam, which is required by Washington law, could be beneficial to your case. Typically, IMEs are conducted by medical doctors who are employed by the insurance company of the defendant and their goal is to offer an alternative perspective to your injuries. These physicians, who are often referred to as “independent” and have their own agendas and financial interests in reducing the amount of compensation that is 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 ensure that you are fully informed about what to expect and provide a copy of all relevant medical records for the doctor to look over. Your lawyer will also be present at the IME and will ensure that you are being treated fairly by ensuring that the questions of the doctor do not diverge from those in your medical records. Do not underplay or exaggerate the severity of your injuries to these doctors. They are trained to detect fraudulent behavior, and can use this information at trial.