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What is a Personal Injury Lawsuit? If you have been injured through the actions or inactions, you may be eligible for compensation. To learn more about your legal rights to pursue compensation, consult a knowledgeable personal injury lawyer. A personal injury lawsuit is civil litigant where the plaintiff seeks compensation for their losses. This includes medical expenses as well as lost wages and property damage. The process can take anywhere from several months to several years. Damages A personal injury lawsuit is a process to compel another person or entity to pay you compensation for the damages resulting from an accident. The plaintiff is the injured party, and the defendants are the parties responsible. Personal injury cases can also include cases of wrongful death when someone dies because of the negligence or wrongful actions of others. A victim's damages are typically divided into two categories: compensatory and punitive. Compensatory damages are meant to ensure that the victim is completely and regain their financial security, which includes out-of-pocket expenses like medical bills and compensation for pain and suffering. Punitive damages are not common and are designed to punish the offender for extreme behavior. This category covers all costs incurred as a result of the accident or injury. These may include hospital expenses, doctor's fees and physical therapy costs. In some cases other expenses such as the cost of travel to and from appointments, or modifications to your home to accommodate permanent disabilities may also be included in the claim. Non-economic losses are often described as “pain and suffering” damages. They are more difficult to quantify and are a result of the mental and emotional stress, anxiety and suffering that an accident can cause. Based on the severity of your injuries your lawyer will help you place a value on these damages. It could be based on your ability to enjoy activities you were previously able to enjoy or your loss of connection with family members. Statute of limitations Under a legal rule called the statute of limitations, anyone who is injured in an accident must bring a lawsuit within a certain time frame or their claim will be rejected by the courts. This is to stop evidence from being forgotten or lost, and to prevent those who delay bringing litigation related to an incident out for an indefinite period. The time frame for filing a claim differs from one state another, but most personal injury lawsuits have a time frame of two to four years. There are some exceptions to the time to file an injury claim. If you need assistance determining if your case is one of these exceptions, it is recommended to seek legal advice. The statute of limitations is only applicable to lawsuits that are filed in court. Many injury cases are resolved through the process of claiming insurance and do not require formal lawsuit filing. Even so, it is important to allow yourself plenty of time to file a lawsuit in the event that negotiations don't take place as planned or if an issue arises that cannot be addressed by the insurance system. A few circumstances can pause the clock of the statute of limitations however, these situations are rare and generally need to be analyzed on an individual basis. The statute of limitations may not be established until the victim realizes or should have realized 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 a civil suit filed by an injured party against the person or entity 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 should be held liable for those damages. The complaint is the primary document that you file in a personal injury lawsuit. It includes specific allegations concerning the incident that caused your injuries as well as the damages you are seeking. The complaint also contains a “prayer for relief” that describes what you would like the court to do. The complaint must be served to the defendant with a summons that is a notice that they are being sued. The defendant must respond to the complaint within specific time frames and either accept or deny all the allegations made in the complaint. The defendant can also file a counterclaim, or add a third party defendant to the case by naming third party defendant. A successful personal injury lawsuit is built on solid evidence, including medical documents and witness testimony. We work closely with our clients to ensure that all relevant information is collected and included in the case. Parma injury attorneys have will also help us to negotiate with defense attorneys or insurance agents to get the best possible settlement offer. Preliminary Conference In a personal-injury lawsuit your lawyer must show that negligence on the part of the defendant caused your accident. You must also prove you were injured in your accident and that these injuries are worthy of financial compensation. This can be a long process however, the trial is when you'll be able to decide if you'll get the damages you're entitled to. In a trial before the jury your lawyer will argue the defendant's liability and that they must be held accountable for your losses. The defendant will provide evidence to show that their actions are not connected to the accident. This will stop them from settling your losses. You must attend a pre-trial discussion before you can proceed with the trial. This is often the first time that your case will be subject to deadlines that are set by the Court itself. It is also the time when your lawyer will discuss the case with the defense. Preliminary conferences are usually conducted by a judicial registrar, or an individual from the court's staff. Unless the case is being handled under the New York's Differentiated Case Management Rule, or otherwise exempted from the Rules the parties are required to attend in person. If a party is not able to attend in person, the convenor can allow them to participate by phone or via the internet. If your case will be part of the Differentiated Case Management Program, the initial meeting provides an opportunity to determine whether your case falls into one of three categories – expedited standard or complex. Bill of Particulars After the summons and complaint have been filed, defendants named in the lawsuit will have between twenty and thirty days (although this time frame is able to be extended by the court). After the Answer has been filed, the case moves into what is called the discovery phase. During this time both sides exchange information in the form of written discovery demands and depositions. The plaintiff's lawyer prepares a Bill of Particulars at the conclusion of the discovery. This document outlines 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 that are made to help them prepare for trial. The court must examine a Bill of Particulars before it can be complied with. 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 negligence that is being claimed and should not add new claims. For example, in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. 1994), the court sustained a motion to strike all references to intentional and willful acts from a medical negligence claim. The court will also not allow a new doctrine to be added at any point in the action that is unreasonably late. To avoid causing prejudice an amendment made late to the Bill of Particulars must be supported by an affidavit, which provides a reasonable explanation for the tardiness of the amendment. Physical Exam You might be wondering why a doctor who doesn't know you or your medical history, and isn't familiar with the specifics of your incident, would be required to conduct a medical exam. However, this type of exam is actually required under Washington law and could be beneficial to your case. IMEs are usually conducted by doctors employed by the defendant’s insurance company. They are there to offer a different view of your injuries. While they are sometimes described as “independent,” these physicians as well as insurance companies – have their own agenda and financial motives in reducing the amount of compensation that may be given to a victim of injury. If you choose 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 provide the complete set of medical records for the doctor to examine. Your lawyer will also be present at the IME and will ensure that you are examined with respect and courtesy by ensuring that questions of the doctor do not diverge from the ones in your medical records. It is important to not play around with the severity of your injuries with these doctors, as they are trained to recognize fraud and could use this information against you at trial.