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What is a Personal Injury Lawsuit? You may be entitled to compensation if have suffered injuries due to the actions or inactions of a third party. Contact an experienced personal injury attorney to learn more about your rights. A personal injury lawsuit is civil litigant where the plaintiff seeks compensation for their loss. This includes medical expenses or lost wages, as well as property damage. The process can take anywhere from several months to several years. Damages A personal injury lawsuit is an action to compel a person or entity to pay you compensation for the damages resulting from an accident. The injured party is known as the plaintiff, while the parties accountable are known as defendants. If someone dies as a result of the carelessness or infractions committed by others In wrongful deaths, the case may be part of personal injury lawsuits. Damages are typically classified into two categories: compensatory and punitive. Compensation damages can include medical bills as well as pain and loss compensation and other out-of pocket expenses. Punitive damages are uncommon and are designed to punish the offender for extreme behavior. The first type of damages is typically known as “economic damages.” This covers all out-of-pocket expenses associated with the accident and injuries. This could include doctor's fees or hospital costs, as well as physical therapy expenses. In some cases, additional expenses like the cost of travel to and from appointments, or changes to your home for permanent disabilities may also be included in a claim. Non-economic damages are also referred to by the term “pain and suffer” damages. They are more difficult to quantify and are a result of the emotional distress, mental suffering and anguish that an accident can cause. Depending on the extent of your injuries, your lawyer will assist you to estimate the value of these damages. It could be based on your capacity to enjoy activities you previously enjoyed or your loss of connection with family members. Statute of limitations Under a legal rule called the statute of limitations, anyone who suffers injury as a result of an accident must file a lawsuit within a certain time frame or their claim will be rejected by the courts. This is done to prevent 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 is different from one state to another, but most personal injury lawsuits have a limit of between two and four years. However, there are exceptions that could extend the time that a victim must make a claim, and they should seek legal advice for help to determine whether or not your case falls under one of these exceptions. The statute of limitations only applies to lawsuits that are filed in the court. Insurance claims are typically used to resolve injury cases and do not require formal lawsuits. But, it's important to leave yourself plenty of time to file a lawsuit just in case insurance negotiations fail to follow the plan or there is a problem that cannot be addressed by the insurance system. Some circumstances can pause the clock on the statute of limitations, but they are rare and need to be considered on a case-by case basis. For instance, the statute of limitations may not start running until a victim discovered or reasonably should have discovered that their injuries were caused by another person's negligent actions, and in some states, such as New York, the statute of limitations differs for claims against municipalities. Complaint A personal injury lawsuit is filed by a victim against the person who caused the injury. The plaintiff claims that the defendant violated their duty of care, and that the breach caused damage and losses for the plaintiff. The defendant is held accountable for the losses. The first document you file with a personal injury lawsuit is called the complaint, and it includes specific allegations regarding the incident that led to your injuries. It also lists the damages you're seeking. The complaint also contains the “prayer of relief” which outlines what you would like the court to do. The summons and complaint should be delivered to the defendant. The defendant must respond to the complaint within certain time frames and either accept or deny all allegations contained in the complaint. The defendant may also file a counterclaim, or add another defendant to the case by naming a third party defendant. A successful personal injury lawsuit depends on solid evidence, including medical records and testimony from witnesses. We work closely with our clients to gather all relevant information and then include it in the case. The evidence we gather will also help us to negotiate with the defendants' attorneys or insurance agents to get the best possible 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 be able to prove that you sustained injuries due to your accident and that your injuries are a valid reason for financial compensation. It's a long process, but it's at the trial that you'll find out if you receive the damages you are entitled to. In a jury trial, your lawyer will argue that the defendant is accountable and has to pay for your losses. The defendant will present evidence that their actions are unrelated to the accident, which prevents them from having to pay you for your losses. You must attend a pre-trial conference prior to proceeding with the trial. This is often the first time 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. A judicial registrar, or a member of the court's staff, typically conducts preliminary conferences. Unless the case is handled under New York's Differentiated Case Management Rule, or otherwise exempted from the Rules All parties are required to be present in person. If a party cannot attend in person, they may take part via phone or online with the approval of the convenor. If your case will be part of the Differentiated Case Management Program, an initial meeting also provides an opportunity to determine whether your case falls within one of three categories – advanced standard or complex. Bill of Particulars After the complaint and summons are filed, the defendants named in the lawsuit will have twenty to thirty days (although this timeframe can be extended by the court). When the Answer is filed, the case enters what is called the discovery phase. During this time, both sides exchange information in the form of written demand for discovery and depositions. At the conclusion of discovery, the plaintiff's attorney prepares what is known as a Bill of Particulars. The document is a legal declaration of claims and the relief sought, usually an award of money damages. The Bill of Particulars is meant to inform the defendant of the specific legal claims being made, to help them prepare for trial. The court must look over the Bill of Particulars before it is allowed to be enforced. In general, the court will only accept a Bill of Particulars if it is not vague or overbroad. A Bill of Particulars should be limited to the specific negligence that is being asserted and should not include new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ), for example, was a case where the court ruled that the plaintiff was not negligent. 1994) the court granted the motion to strike references to willful and intentional acts from a medical negligence claim. Similarly, the court will not allow the introduction of a new theory of recovery at a disproportionately late stage in the case. To avoid causing prejudice a late amendment to a Bill of Particulars must be supported by an affidavit that provides a reasonable explanation for the tardiness of the amendment. Physical Exam If a defense attorney, or an insurance company asks you to take part in an Independent Medical Examination (IME), your natural first instinct may be to question why a doctor who does not know you or your medical history and the details of your incident is asked to conduct an exam. This type of exam 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 representing the defendant and aim to offer an alternative perspective to 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 can be given to a victim of injury. helpful site will make sure you know what you can expect from an IME and will provide an IME doctor with a copy of all relevant medical records. Your lawyer will also be present at the IME and will ensure that you are examined with respect and courtesy by ensuring that doctors questions do not deviate from the ones you have in your medical records. Do not underplay or exaggerate the severity of your injury to these doctors. They are trained to spot fraud, and may make use of this information in a trial.