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What is a Personal Injury Lawsuit? If you've been injured through the actions or inactions, you may be able to recover compensation. To learn more about your rights under the law to pursue compensation, consult a knowledgeable personal injury lawyer. A personal injury lawsuit is civil litigation in which the plaintiff seeks compensation for their losses. 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 that is used to force another individual or entity to pay you for damages resulting from an accident. The plaintiff is the injured party, and the defendants are the parties responsible. If someone dies as the result of carelessness or infractions committed by others, wrongful death cases may be part of personal injury lawsuits. Damages are usually classified into two categories: compensatory and punitive. Compensation damages are based on medical bills as well as pain and loss compensation, and other out-of-pocket expenses. Punitive damages, which are very rare, are meant to punish the perpetrator when they have committed a number of extreme actions. The first category of damages is usually known as “economic damages.” This is the term used to describe any out-of-pocket costs resulting from the accident and injuries. These may include hospital expenses medical expenses, doctor's charges and physical therapy costs. In some cases, additional expenses like the cost of travel to and from appointments, or modifications to your home to accommodate permanent disabilities may be included in an insurance claim. Non-economic losses are often referred to as “pain and suffering” damages. Albany injury lawyers are more difficult to quantify and are a result of the emotional distress, mental anxiety and suffering that accidents can cause. Your lawyer can help you value these damages based on the severity of your injury. This could be based on the ability to carry out the things you did before or your loss in consortium with 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 else their claim will be rejected by the courts. This is done to prevent evidence from being forgotten or lost, and to prevent individuals from dragging litigation relating to incidents out indefinitely. The exact length of time for filing a claim differs from state to state, however personal injury claims generally have a two-to four-year limit. However, there are exceptions that could extend the time a victim has to file their claim and they should seek legal advice for assistance in to determine whether or not their case falls into one of the exceptions. The statute of limitations applies only to lawsuits filed in the court. Many cases of injury are resolved through the process of claiming insurance and do not require formal lawsuit filing. It is still important to give yourself enough time to file a lawsuit in the event that negotiations with insurance don't go as planned, or if there is a problem that is not resolved by insurance. Certain circumstances can stop the clock on the statute of limitations, but they are rare and need to be evaluated on a case-by case basis. The statute of limitations might not start until the person realizes or should have realized that the injury resulted from someone else's negligence. In certain states, like New York, it is different for claims against municipalities. Complaint A personal injury lawsuit is a civil case brought by an injured person against the person or entity that caused the injury. It claims that the defendant breached their duty of care and this breach caused loss and harm to the plaintiff. The defendant is held responsible for these damages. The first document filed with a personal injury lawsuit is referred to as the complaint. It contains specific details about the incident that caused your injuries and outlines the damages you are seeking. The complaint also contains a “prayer of relief” that outlines what you want the court to do. The complaint must be served to the defendant with a summons which is a notification that they are being sued. After the complaint is filed, the defendant is required to respond to the complaint within a certain timeframe, and may either deny or admit the allegations made in the complaint. The defendant can also make a counterclaim against the plaintiff or bring in another defendant as third-party defendant. A successful personal injury lawsuit is built on solid evidence, which includes medical records and witness testimony. We work closely together with our clients to gather the relevant information and incorporate it in the case. The evidence we gather will also assist us in negotiate with the defense lawyers or insurance agents to obtain the best settlement offer. Preliminary Conference In a personal injury case your lawyer must show that negligence on the part of the defendant led to your accident. You must also prove that you were injured in the accident and that your injuries are worthy of financial compensation. This could be a long process, but the trial is where you can finally determine whether you'll receive the compensation you deserve. In a trial before a jury, your lawyer will argue that the defendant is responsible and is required to compensate you for your losses. The defendant will present evidence to show that their actions were unrelated to the accident. This will prevent them from paying you for your losses. You must attend a pre-trial meeting before you can proceed with the trial. This is typically the first time your case will be subject to deadlines established by the Court itself. This is also the time where your lawyer will discuss the case with the defense. A judicial registrar, also known as an individual of the court staff usually conducts preliminary conferences. All parties must attend the preliminary conference in person, unless the case is handled under New York's Differentiated Case Management Rule or the Rules are otherwise exempted. If a party is unable to attend in person they can participate via telephone or on the internet with the permission 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 into one of three categories namely expedited standard or complex. Bill of Particulars After a complaint and summons are filed, the defendant parties identified in the lawsuit are given either twenty or thirty days in which to submit an Answer (although this time frame can be extended if the court gives consent). When 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 discovery demands and depositions. The lawyer of the plaintiff drafts the Bill of Particulars at the conclusion of the discovery. This document outlines the legal claims being made 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. Before a Bill of Particulars can be followed, it must be reviewed by the court. Generally, the court will only accept a Bill of Particulars that is not overbroad or vague. A Bill of Particulars must only include the specific acts of negligence that are being claimed and must 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. The court will not allow a new theory to be introduced at an point in the case that is unreasonable late. To avoid negative consequences, an amendment made late to the Bill of Particulars should only be allowed when supported by an affidavit stating an adequate explanation for the delay in the amendment. Physical Examination If a defense attorney or insurance company asks you to take part in an Independent Medical Examination (IME) the first reaction could be to wonder the reason a doctor who may not know you, your medical history, and the specifics of your injury is asked to conduct an exam. This type of examination is required under Washington law, can be beneficial to your case. IMEs are typically conducted by doctors employed by the insurance company of the defendant. Their goal is to offer a different view of your injuries. Although they are sometimes described as “independent,” these physicians, just like insurance companies – have their own agenda and financial interest in reducing the amount of compensation that may be awarded to an injured victim. If you decide to undergo an IME If you decide to undergo an IME, your Orange County personal injury lawyer will make sure that you are well-informed about what to expect and provide a copy of all relevant medical records to the doctor to examine. Your lawyer will also be present at the IME and will ensure that you are being treated in a fair manner by ensuring that the doctors questions do not deviate from the ones you have in your medical records. It is essential to avoid playing up or down the severity of your injuries to these doctors, as they are trained to spot dishonesty and may utilize this information against you in trial.