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What is a Personal Injury Lawsuit? You could be entitled to compensation if have suffered injuries due to the actions or inactions of another person. To learn more about your rights under the law to pursue compensation, consult a knowledgeable personal injury lawyer. A personal injury lawsuit is a civil litigation in which the plaintiff seeks compensation for their losses. This includes medical bills, lost wages and property damage. The process can take several months to several years. Damages A personal injury lawsuit is a legal action that is used to compel another person, or entity to pay you for damages resulting from an accident. The plaintiff is the injured party, and the defendants are the ones accountable. If someone dies as a result of inattention or negligence of others, wrongful death cases may be part of personal injury lawsuits. The damages a victim suffers are usually divided into two categories: compensatory and punitive. Compensation damages can include medical bills as well as pain and suffering compensation, and other out of pocket expenses. Punitive damages, which are not common, are meant to punish the wrongdoer if they have committed extreme actions. This category includes all expenses that result from the injury or accident. These may include hospital expenses medical expenses, doctor's charges and physical therapy costs. Certain claims could also include additional costs, like the cost of travel to and from appointments, or modifications to your home to accommodate a permanent disability. Non-economic damages can also be described as “pain and suffer” damages. These damages are difficult to quantify, and they include the emotional distress and mental stress that accidents can cause. Your lawyer can help you determine the value of these damages based on the extent of your injury. This could be based on the ability to carry out the things you were previously able to do or your loss in consortium with your family. Statute of limitations A legal principle known as the statute of limitation obliges anyone injured in an accident file an action within a specified date or else their claim will be dismissed. This is done to prevent evidence from being forgotten or lost and to stop people from dragging incident-related litigation out for an indefinite period. Orlando differs from state to state, however personal injury claims generally have a two- to four-year limitation. There are certain exceptions to the limit for filing an injury claim. If you require assistance in determining whether your case is one of these exceptions, then it is recommended to seek legal advice. The statute of limitations applies only to lawsuits 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 enough time to take legal action just in case insurance negotiations don't go as planned or an issue arises that can't be easily addressed through 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 case-by-case basis. For example, the statute of limitations might not begin to run until the victim discovers or ought to have realized that their injury was caused by someone else's negligent actions. In some states, such as New York, the statute of limitations is different for claims against municipalities. Complaint A personal injury lawsuit is a civil action filed by an injured party against the person or entity that caused the injury. It alleges that the defendant breached a duty of care, that the breach caused harm and losses to the plaintiff, and that the defendant is accountable for the losses. The first document filed in a personal injury lawsuit is referred to as the complaint. It contains detailed allegations about the incident that caused your injuries. It also outlines the damages you seek. 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, which is a notice that they are being sued. After the complaint is filed, the defendant is required to submit an answer to the complaint within a specific timeframe, and may either deny or admit the allegations in the complaint. The defendant may also file a counterclaim, or add a third party defendant to the case by naming third party defendant. A successful personal injury lawsuit is based on solid evidence, including medical records and witness testimony. We work closely together with our clients to gather all relevant information and include it in the case. The evidence we have will also assist us in negotiate with defendants' attorneys or insurance agents to get the best possible settlement offer. Preliminary Conference In a personal injury lawsuit your lawyer must demonstrate that the defendant's negligence caused your accident. You must be able to prove that you sustained injuries from your accident, and that your injuries are a valid reason for financial compensation. It can be a lengthy process, but it's at the trial that you will be able to determine if you be awarded the compensation you are entitled to. In a jury trial, your lawyer will argue that the defendant is liable and has to pay for the losses you suffered. The defendant will present evidence that their actions are unrelated to the accident, which will prevent them from having to pay you for your losses. Before you can proceed to trial you must attend a preliminaries conference. This is the first time your case will be subject to deadlines imposed by a judge. This is also the time when your attorney will be discussing the issue with the defense. Preliminary meetings are usually held by a judicial registrar, or a member of the court's staff. Unless the case is being handled by 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 person is unable to attend in person, the convenor may allow them to participate by phone or via the internet. If your case is part of the Differentiated Case Management Program, an initial meeting also provides an opportunity to determine whether your case falls into one of three categories namely complicated or expedited standard. Bill of Particulars After the complaint and summons are filed, the defendants named in the lawsuit will have twenty to thirty days (although this time frame can be extended by the court). When the Answer is filed, the case enters what is known as the discovery phase. In this period both sides exchange information in the form of written demand for discovery and depositions. After the discovery process is concluded the attorney representing the plaintiff drafts what is called a Bill of Particulars. The document details the legal claims that are being made and the relief sought – usually the award of damages in cash. The Bill of Particulars is intended to put the defendant on notice of the specific legal claims being filed so that they can effectively prepare for trial. The court must review the Bill of Particulars before it can be complied with. Generally speaking, the court will only accept a Bill of Particulars that is not vague or broad. A Bill of Particulars must only include the specific acts of neglect that are being asserted and not include any new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ) for instance was a case where the court found that the plaintiff was not negligent. In 1994, the court upheld the motion to strike all references to intentional or willful actions in a medical malpractice case. The court will not allow the addition of a new theory of recovery at an unreasonable late stage in the case. To avoid causing prejudice, any late amendment to the Bill of Particulars must be supported by an affidavit that provides a reasonable explanation for the tardiness of the amendment. Physical Exam It is possible to ask the reason why a doctor, who isn't familiar with you or your medical history and is unfamiliar with the details of your incident, would be asked to conduct a medical examination. This type of exam is required under Washington law, could be beneficial to your case. IMEs are usually performed by doctors who are employed by the insurer of the defendant. Their aim is to provide an alternative view of your injuries. These physicians, who are sometimes referred to as “independent”, have their own agendas and financial interests in reducing the amount of compensation which is awarded to injured victims. If you decide to go through an IME the Orange County personal injury lawyer will make sure that you are fully informed about what to expect and will provide the complete set of medical records to the doctor to review. Your lawyer will be present during the IME to make sure that the questions asked by the doctor are consistent with your medical records. It is crucial to avoid playing around with the severity of your injuries to the doctors, since they are trained to spot the deceit and may utilize this information against you in trial.