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What is a Personal Injury Lawsuit? You may be entitled to compensation if you were injured as a result of the actions or inactions of another person. Contact a knowledgeable personal injury lawyer to learn more about your rights. A personal injury lawsuit is a civil matter where the plaintiff is seeking money to cover their losses, which include medical bills, lost wages, property damage, and other costs. The process can take several months to a few 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. When someone dies as a result of carelessness or infractions committed by others In wrongful deaths, the case can be included in personal injury claims. Damages are typically classified into two categories: punitive and compensatory. Compensation damages are based on medical bills, pain and suffering compensation, and other out of pocket expenses. Punitive damages are rare and designed to punish the wrongdoer for extreme conduct. Bryan injury lawsuit covers all expenses caused by the injury or accident. These might include doctor's bills as well as hospital expenses and physical therapy expenses. Some claims could also cover additional costs, like the cost of travel to and from appointments, or modifications to your home to accommodate a disability that is permanent. Non-economic losses are often referred to as “pain and suffering” damages. They are more difficult to quantify and include the mental and emotional stress, suffering and anguish that an accident can cause. Based on the severity of your injuries your lawyer can help you place a value on these damages. This could be based on the ability to carry out the things you did before or your loss of a relationship with family. Statute of Limitations A legal requirement known as the statute of limitations stipulates that anyone injured in an accident file an action before a specific date or else their claim will be dismissed. This is done to prevent evidence from being forgotten or lost and to stop those who delay bringing litigation related to an incident out indefinitely. The time frame for filing a claim differs from one state another, but the majority of personal injury claims have a limit of two to four years. There are certain exceptions to the limit for filing claims. If you need assistance determining if your case falls under one of these exceptions, then it is best to seek legal advice. One of the main facets of the statute of limitations is that it only applies to the filing of an action in court. Insurance claims are often used to settle injury cases and do not require formal lawsuits. It is nevertheless important to allow yourself enough time to file a lawsuit in the event that insurance negotiations aren't as smooth as you had hoped, or if a problem occurs which cannot be resolved through insurance. Some circumstances can pause the clock on the statute of limitations, however they are extremely rare and have to be considered on a case-by case basis. The statute of limitation may not be established until the victim is aware or should have known that the injury was caused by someone else's negligence. In certain states, like New York, it is different for claims against municipalities. Complaint A personal injury lawsuit is brought by the victim against the person who caused the injury. It asserts that the defendant violated their duty of care and this breach caused damage and losses for the plaintiff. The defendant is held accountable for the losses. The complaint is the primary document that is filed in a personal injury case. It provides detailed details concerning the incident that led to your injuries, and the damages you want. The complaint also includes a “prayer of relief” which describes what you want the court to do. The complaint must be served on the defendant, along with a summons that is a notice that they are being sued. The defendant must respond to the complaint within specific deadlines and either admit or deny all allegations in the complaint. The defendant can also file a counterclaim against the plaintiff or bring in another defendant as third-party defendant. A successful personal injury lawsuit is built on solid evidence, including medical documents and witness testimony. We work closely together with our clients to gather all relevant information and include it in the case. The evidence will also help us negotiate with the defendant's attorneys or insurance agents to obtain the best settlement offer possible. Preliminary Conference In a personal injury case the attorney for you must prove that the negligence of the defendant caused your accident. You must also prove you were injured in your accident and that the injuries are worthy of financial compensation. It can be a lengthy process, but the trial is where you can finally determine whether you'll receive the compensation you're entitled to. In the trial before a jury the lawyer will argue the defendant's responsibility and the need to be held accountable for your losses. The defendant will present evidence to prove that their actions are not connected to the accident. This will prevent the defendant from paying for your losses. Before proceeding to trial you must attend a preliminaries conference. This is the first time your case will be subject to deadlines imposed by a court. This is also when your attorney will discuss the case with the defense. A judicial registrar, or an official from the court staff, typically holds preliminary conferences. If the case is handled by the New York's Differentiated Case Management Rule, or is otherwise exempt from the Rules All parties are required to be present in person. If a party is not able to attend in person, the convenor can permit them to participate via phone or online. If your case is to be a part of the Differentiated Case Management program, an initial conference can be an opportunity to identify whether your case falls into one of the three classifications that are expedited, standard, or complex. Bill of Particulars When a summons and complaint are filed, the defendant parties identified in the lawsuit are given the option of having twenty or thirty days to submit an Answer (although this deadline can be extended if the court gives approval). After the Answer is filed, the case is moved into what is called the discovery phase. In this period, both sides exchange information in the form of written demand for discovery and depositions. The lawyer for the plaintiff prepares the Bill of Particulars at the conclusion of the discovery. The document is a legal declaration of claims and the relief sought, usually an award of money damages. The Bill of Particulars is intended to inform the defendant notice of the specific legal claims being made, so that they is able to effectively prepare for trial. The court must look over a Bill of Particulars before it is able to be followed. In general, a court will only abide by a Bill of Particulars if it is not vague or overbroad. A Bill of Particulars must only include the specific acts of negligence that are being asserted and must not include new claims. For instance in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. In 1994, the court upheld a motion to strike the reference to willful or deliberate acts in a medical negligence case. The court will not permit a new theory to be introduced at any point in the case that is unreasonablely late. To avoid prejudice, any late amendment to a Bill of Particulars must be supported by an affidavit, which gives a reasonable explanation for the tardiness of the amendment. Physical Examination It is possible to ask why a doctor who doesn't know you or your medical history, and isn't familiar with the specifics of your accident, should be required to conduct a medical examination. However, this kind of examination is actually an obligation under Washington law and could be beneficial in your case. IMEs are typically conducted by doctors hired by the insurance company of the defendant. Their aim is to offer a different perspective on your injuries. These physicians, who are often referred to as “independent” and have their own agendas and financial interests in reducing the compensation that is given to victims of injuries. Your Orange County personal injury attorney will ensure that you are aware of what to expect from an IME and will give the doctor with a copy of the relevant medical records. Your lawyer will be present during the IME to make sure that the questions asked by the doctor are in line with your medical records. Do not underplay or exaggerate the severity of your injury to the doctors. They are trained to spot dishonesty, and could make use of this information in a trial.