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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 another person. Contact a knowledgeable personal injury lawyer to learn more about your rights. A personal injury lawsuit is a civil dispute in which the plaintiff seeks compensation for their loss. This includes medical expenses, lost wages and property damage. The process can run from a few months to several years. Damages A personal injury lawsuit is a legal proceeding to compel a person or entity to pay money for damages related to an accident. The injured party is known as the plaintiff and the responsible parties are called defendants. Edinburg injury lawyers can include wrongful death claims when someone dies because of the negligence or wrongful actions of others. Damages are typically classified into two categories: compensatory and punitive. Compensation damages are designed to ensure that the victim is completely for good, including out-of-pocket costs like medical bills and compensation for pain and suffering. Punitive damages, which are very rare and are designed to punish the perpetrator if they have committed extreme actions. The first type of damages is often called “economic damages.” This is the term used to describe all out-of-pocket expenses associated with the accident or injury. This could include hospital bills as well as doctor's fees and therapy costs. In certain cases additional expenses, such as the cost of travel to and from appointments, or modifications to your home for permanent disabilities could be included in the claim. Non-economic damages are also referred to by the term “pain and suffer” damages. These damages are more difficult to quantify, and they comprise the emotional distress and mental stress caused by accidents. Based on the severity of your injuries your lawyer will assist you to place a value on these damages. This could be based on your capacity to participate in activities that you used to do or your loss of connection with family members. Statute of limitations A legal principle known as the statute of limitation stipulates that anyone injured in an accident file an action before a specific date or the claim will be dismissed. 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 a long time. The exact time frame is different from state to state, but personal injury claims typically have a two-to four-year time limit. There are some exceptions to the time period for filing a 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 the court. Many cases of injury are resolved through the insurance claim process and do not require formal lawsuit filing. However, it is important to leave yourself enough time to pursue legal action in the event that negotiations do not take place as planned or if an issue arises that can't be addressed by the insurance system. Certain circumstances can stop the clock on the statute of limitations, but they are extremely rare and have to be evaluated on a case by case basis. The statute of limitations may not start until the person realizes or should have realized that the injury was caused by another's negligence. In some states, such as New York, it is different for claims that are made against municipalities. Complaint A personal injury lawsuit is brought by a victim against the person who caused the injury. It claims that the defendant breached their duty of care and this breach caused harm and losses for the plaintiff. The defendant is then held responsible for these damages. The first document you file with a personal injury lawsuit is called the complaint, and it contains specific details about the incident that caused your injuries. It also lists the damages you are seeking. The complaint also includes an “prayer of relief” that outlines what you want the court to do. The complaint and summons must be handed over to the defendant. After the complaint is filed, the defendant is required to respond to the complaint within a certain time frame, and will either admit or deny the allegations made in the complaint. The defendant may also file a counterclaim or add a third party 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 will also help us negotiate with the attorney of the defendant or insurance agents to obtain the best settlement offer possible. Preliminary Conference In a personal-injury lawsuit the lawyer for you must prove that negligence on the part of the defendant caused your accident. You must also prove that you suffered injuries from your accident, and that the injuries you sustained are worthy of financial compensation. It can be a lengthy process however, the trial is where you will be able to determine if you'll receive the compensation you deserve. In a jury trial, your lawyer will argue that the defendant is accountable and has to pay for the losses you suffered. The defendant will argue that their actions do not contribute to the accident, which prevents them from having to reimburse you for your losses. Before you can proceed to trial you must attend a preliminary conference. 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 typically conducted by a judicial registrar, or an individual from the court's staff. All parties must attend the initial conference in person, unless the case is handled in accordance with the New York's Differentiated Case Management Rule or the Rules are exempted in other ways. If a party is unable to attend in person, the convenor may allow them to participate by phone or online. If your case is part of the Differentiated Case Management Program, an initial meeting also provides an opportunity to determine if your case falls into one of three categories – advanced standard or complex. Bill of Particulars After the summons and complaint are filed, the defendants named in the lawsuit will be given between twenty and thirty days (although this deadline can be extended by the court). Once the Answer is filed, the case enters what is known as 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 attorney for the plaintiff prepares what is called a Bill of Particulars. This document provides the legal claims that are being made 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 he or she can prepare effectively for trial. The court must review the Bill of Particulars before it is allowed to be enforced. In general, a court will only be able to abide by a Bill of Particulars if it is not vague or overbroad. A Bill of Particulars should be limited to the specific acts of negligence asserted and should not include new claims. For example, in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. 1994) the court granted the motion to strike references to willful and intentional acts from a medical malpractice claim. In the same way, the court will not permit the addition of a new theory of recovery at a disproportionately late stage in the litigation. To avoid adverse consequences, a late amendment to the Bill of Particulars should only be permitted if supported by an affidavit stating an adequate explanation for the delay in 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 details of your accident, would be asked to conduct a medical exam. This type of exam is required by Washington law, can be beneficial to your case. Typically, IMEs are conducted by medical doctors who are employed by the insurance company of the defendant and their goal is to offer a different perspective on your injuries. Although they are sometimes described as “independent,” these physicians – just like the insurance companies – have their own agenda and financial interest in reducing the amount of compensation that may be granted to a victim who has been injured. Your Orange County personal injury attorney will ensure that you are aware of what you can expect from an IME and will give a copy to the doctor of all relevant medical records. Your lawyer will be present during the IME to ensure that the questions posed by the doctor are consistent with your medical records. Do not underplay or exaggerate the severity of your injury to these doctors. They are trained to spot dishonesty, and could make use of this information in a trial.