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What is a Personal Injury Lawsuit? You may be entitled to compensation if you have suffered injuries due to the actions or inactions of someone else. To learn more about your rights under the law, contact an experienced personal injury lawyer. A personal injury lawsuit is a civil dispute in which the plaintiff seeks money to compensate for their losses, including medical bills, lost wages, damages to property and other expenses. The process can take anywhere from several months to several years. Damages A personal injury lawsuit is a legal action that is taken to compel another person, or entity to pay you compensation for damages caused by an accident. The plaintiff is the injured party and the defendants are the parties responsible. If someone dies as a result of the negligence or wrongdoing by others the wrongful death case can be included in personal injury lawsuits. Damages are typically classified into two categories: punitive and compensatory. Compensation damages are designed to make the victim whole for good, including out-of-pocket costs such as medical expenses as well as compensation for suffering and pain. Punitive damages, which are not common, are meant to punish the wrongdoer for committing extreme actions. Norwalk injury attorneys of damages is typically called “economic damages.” This covers all out-of-pocket expenses associated with the accident or injury. These may include hospital expenses medical expenses, doctor's charges and physical therapy costs. Some claims could also cover additional expenses, such as transportation costs to and from appointments or modifications to your home to accommodate a disability that is permanent. Non-economic losses are often called “pain and suffering” damages. These damages are difficult to quantify, and they comprise the emotional distress and mental stress that accidents can cause. Depending on the severity of your injuries, your lawyer will assist you to place a value on these damages. This could be based on the ability to carry out the things you were previously able to do or your loss of a relationship with your family. Statute of Limitations In a legal rule known as the statute of limitations, anyone who suffers an injury in an accident must file a lawsuit within a specific time period or the claim will be rejected by the courts. This is done to stop evidence from being forgotten or lost, and also to stop people from dragging incident-related litigation out for a long time. The exact length of time for filing a claim differs from state to state however, personal injury claims typically have a two- to four-year limit. There are some exceptions to the time period for filing an injury claim. If you need help determining if your case is one of these exceptions, it is best to seek legal advice. The statute of limitations applies only to lawsuits filed in the court. Many injury cases are resolved through the process of claiming insurance and do not require a formal lawsuit filing. It is important to give yourself enough time to bring a lawsuit in the event that negotiations with insurance do not go as planned or if a problem arises that cannot be resolved with insurance. Certain circumstances can stop the clock of the statute of limitations however these cases are very rare and have to be analyzed on an individual case-by-case basis. The statute of limitation may not be established until the victim realizes or should have realized that the injury resulted from someone else's negligence. In some states, such as New York, it is different for claims made against municipalities. Complaint A personal injury lawsuit is a civil action initiated by a victim against the person or entity that caused the injury. It asserts that the defendant violated their duty of care and that this breach caused loss and harm to the plaintiff. The defendant is then held accountable for the losses. The complaint is the primary document that you file in a personal injury case. It includes specific allegations regarding the incident that caused your injuries and the damages you are seeking. The complaint also contains a “prayer of relief” that outlines what you would like the court to do. The complaint and summons must be given to the defendant. The defendant must respond to the complaint within a set of time frames and either accept or deny the allegations in the complaint. The defendant can also file a counterclaim, or add a third party defendant to the case by naming a third party defendant. A successful personal injury lawsuit is based on solid evidence, such as medical records and witness testimony. We work closely together with our clients to collect all relevant information and include it in the case. The evidence we collect will also assist us in negotiate with defendants' attorneys or insurance agents to negotiate the most favorable settlement offer. Preliminary Conference In a personal injury lawsuit, your attorney must prove that the negligence of the defendant caused your accident. You must also prove that you suffered injuries in your accident and that your injuries are worthy of the amount of financial compensation. It can be a lengthy process, but the trial is when you will be able to determine if you'll get the damages you're entitled to. In the trial before jurors the lawyer will argue that the defendant is at 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 stop them from paying you for your losses. You must attend a pre-trial conference prior to proceeding with the trial. This is the first time your case will be subject to deadlines imposed by a court. It is also the time that your lawyer will discuss the case with the defense. Preliminary conferences are typically conducted by a judicial register or someone on the court's staff. Unless the case is handled in accordance with 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 permit them to attend via phone or via the internet. If your case is scheduled to be a part of the Differentiated Case Management program, an initial conference can be a chance to determine whether your case falls into one of the three classifications – expedited, standard or complex. Bill of Particulars After a summons or complaint are filed, the defendant parties named in the lawsuit have twenty or thirty days to submit an Answer (although this deadline may be extended with the court's permission). After the Answer is filed, the case is moved to what is called the discovery phase. In this phase both sides exchange information in the form of written demand for discovery and depositions. The plaintiff's lawyer prepares the Bill of Particulars at the end of the discovery. The document is a legal declaration of claims and the relief sought – usually the award of damages in cash. 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 review a Bill of Particulars before it is able to be followed. In general, the court will only accept a Bill of Particulars if it isn't vague or overly broad. A Bill of Particulars should be limited to the specific acts of negligence being claimed and should not add new claims. For example in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. 1994) the court granted a motion to strike all references to intentional and willful acts from a medical negligence claim. 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, an amendment made late to a Bill of Particulars must be supported by an affidavit, which gives a reasonable explanation of the lateness of this amendment. Physical Examination If a defense attorney or insurance company demands that you take part in an Independent Medical Examination (IME), your natural first instinct may be to question the reason a doctor who may not know you or your medical history and the details of your accident is being required to conduct an examination. This type of examination, which is required by Washington law, can be beneficial to your case. IMEs are usually performed by doctors who are employed by the insurer of the defendant. They are there to provide an alternative view of your injuries. While they are sometimes described as “independent,” these physicians, just like insurance companies – have their own agenda and financial stake in reducing the amount of compensation that can be given to a victim of injury. If you decide to go through an IME If you decide to undergo an IME, your Orange County personal injury lawyer will ensure that you are aware of what to expect. They will provide a copy of all relevant medical records to the doctor to review. Your lawyer will be present during the IME to ensure that the questions posed by the doctor are consistent with your medical records. It is crucial to not play up or down the severity of your injuries with the doctors, since they are trained to spot fraud and could make use of this information against you at trial.