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What is a Personal Injury Lawsuit? If you have been injured through the actions or inactions, you may be eligible for compensation. To learn more about your legal rights, contact an experienced personal injury lawyer. A personal injury lawsuit is a civil dispute where the plaintiff is seeking compensation for their losses, which include medical bills, lost wages damages to property and other expenses. The process can last from a few months to a few years. Damages A personal injury lawsuit is a legal proceeding to compel another person or entity to pay you compensation for the damage caused by an accident. The plaintiff is the injured party and the defendants are the ones accountable. Personal injury cases can also include wrongful death claims when someone dies because of the inattention or negligence of others. The damages of a victim are typically divided into two categories that are punitive and compensatory. Compensatory damages are intended to help the victim get back on track again, including out-of-pocket expenses such as medical bills and compensation for suffering and pain. Punitive damages, which are rare and are intended to punish the wrongdoer for committing extreme crimes. This category covers all costs incurred as a result of the accident or injury. These could include doctor's bills, hospital costs and physical therapy expenses. In some cases other expenses such as the cost of travel to and from appointments, or modifications made to your home to accommodate permanent disabilities may be included in an insurance claim. Non-economic damage can also be referred to by the term “pain and suffer” damages. These are more difficult to quantify and involve the emotional distress, mental anxiety and suffering caused by accidents. Your lawyer can help you evaluate these damages based upon the severity of your injuries. This may be based on your ability to carry out the activities you used to or your loss of a relationship with your family. Statute of Limitations A legal rule known as the statute of limitation obliges anyone injured in an accident should file an action before a specific date or else the claim will be dismissed. This is to prevent evidence from being lost or forgotten, and to stop people from drag out litigation related to an incident for a long time. The exact duration of the time limit differs from one state another, but the majority of personal injury claims have a limit of two to four years. However there are exceptions that can prolong the time required for a victim to make a claim, and they should seek legal advice for assistance in to determine whether or not your case falls under one of the exceptions. Brownsville injury lawyers of limitations only applies to lawsuits that are filed in the court. A majority of injuries cases are resolved through the process of claiming insurance and do not require a formal lawsuit filing. But, it's important to allow yourself enough time to take legal action in the event that insurance negotiations fail to go as planned or an issue arises that cannot be resolved through the insurance system. Certain circumstances may stop the clock on the statute of limitations however, these situations are rare and generally need to be analyzed on an individual basis. For example the statute of limitations might not start to run until a victim discovered or reasonably should have discovered that their injuries were caused by someone else's negligent actions, and in certain states, such as New York, the statute of limitations differs for claims against municipalities. Complaint A personal injury lawsuit is brought by a victim against the person who caused the injury. It alleges that the defendant violated a duty of care, that this breach caused harm and loss to the plaintiff, and that the defendant should be held accountable for the damages. The complaint is the initial document that you file 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 contains the “prayer of relief” which outlines what you would like 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 file an answer to the complaint within a specified time frame, and must either accept or deny the allegations 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 such as medical documents and testimony from witnesses. We work closely together with our clients to collect all relevant information and then include it in the case. The evidence will also assist us negotiate with the attorney of the defendant or insurance companies to negotiate the best settlement possible. Preliminary Conference In a personal injury case the attorney for you must prove that the negligence of the defendant led to your accident. You must also prove you were injured in the accident and that these injuries are worth the amount of financial compensation. It can be a lengthy process, but it's at the trial that you will finally know if you will get the compensation you are entitled to. In a jury trial your lawyer will argue that the defendant is liable and is required to compensate you for the losses you suffered. The defendant will provide evidence that their actions do not contribute to the accident, which will keep them from having to pay you for your losses. You must attend a pre-trial conference prior to proceeding with the trial. This is the first time your case has deadlines set by a judge. It is also the time when your lawyer will discuss the case with the defense. Preliminary meetings are usually held by a judicial registrar, or a member of the court's staff. 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 unable to attend in person they may participate via phone or internet with the permission of the convenor. 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: complicated or expedited standard. Bill of Particulars When a summons and complaint are filed, the defendants identified in the lawsuit are given the option of having twenty or thirty days to file an Answer (although this deadline can 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 period the parties exchange information in the form of written discovery demands and depositions. After the discovery process is concluded The attorney for the plaintiff prepares what is known as a Bill of Particulars. This document outlines legal claims and the relief sought – typically the award of damages in cash. The Bill of Particulars is meant to inform the defendant of the specific legal claims being made, so that they can prepare for trial. Before a Bill of Particulars can be accepted, it must be examined by the court. Generally, the court will only abide by a Bill of Particulars that is not vague or broad. A Bill of Particulars should be limited to the specific acts of negligence claimed and should not contain new claims. For instance in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. 1994), the court sustained the motion to strike all references to intentional and willful actions from a medical malpractice claim. The court will not permit a new theory to be added at an stage in the litigation that is unreasonable late. To avoid causing prejudice a late amendment to the Bill of Particulars must be supported by an affidavit which gives a reasonable explanation of the tardiness of the amendment. Physical Examination When a defense attorney or insurance company demands that you attend an Independent Medical Examination (IME) Your first reaction might be to ask the reason why a doctor who does not know you or your medical history and the specifics of your injury is requested to conduct an exam. But, this type of exam is actually an obligation under Washington law, and it could be beneficial in your case. Typically, IMEs are conducted by medical doctors who are employed by the defendant's insurance company and their goal is to provide a different view of your injuries. Although they are sometimes described as “independent,” these physicians, just like insurance companies have their own agendas and financial stake in decreasing the amount of compensation that could be granted to a victim who has been injured. Your Orange County personal injury attorney will make sure you know what to expect from an IME and will provide a copy to the doctor of all pertinent medical records. Your lawyer will also be present at the IME and will make sure that you are being examined in a fair manner by ensuring that the doctors ' questions aren't divergent from those in your medical records. You should not downplay or exaggerate the severity of your injury to these doctors. They are trained to spot fraudulent behavior, and can utilize this information in court.