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What is a Personal Injury Lawsuit? If you've been injured by another person's actions or inactions, you may be eligible for compensation. To learn more about your rights under the law get in touch with a seasoned personal injury lawyer. A personal injury lawsuit is a civil dispute in which the plaintiff seeks compensation for their loss. This can include medical bills as well as lost wages and property damage. The process can run from several months to several years. Damages A personal injury lawsuit is a legal action which is filed to compel another person, or entity to compensate you compensation for damages caused by an accident. The injured party is known as the plaintiff and the responsible parties are called defendants. Personal injury cases may include cases of wrongful death when someone dies due to the negligence or wrongdoing of others. The damages of a victim are typically divided into two categories which are: punitive and compensatory. Compensation damages can include medical bills, pain and suffering compensation and other out-of pocket expenses. Punitive damages, which are rare and are designed to punish the offender when they have committed a number of extreme acts. This category includes all expenses incurred as a result of the accident or injury. These could include doctor's bills as well as hospital expenses and physical therapy expenses. Some claims could also cover additional expenses, such as the cost of travel to and from appointments or the need to modify your home to accommodate a disability that is permanent. Non-economic damage can also be referred to by the term “pain and suffer” damages. These damages are more difficult to quantify, and they include the emotional stress and mental anguish caused by accidents. Your lawyer will assist you to determine the value of these damages based on the severity of your injuries. This could be based on the ability to carry out the things you did before or your loss in consortium with your family. Statute of limitations A legal requirement known as the statute of limitations stipulates that anyone injured in an accident must file a lawsuit before a certain date or the claim will be dismissed. This is done to prevent evidence from being forgotten or lost, and also to stop those who delay bringing litigation related to an incident out for a long time. The time frame for filing a claim differs from one state another, but most personal injury claims have a time frame of between two and four years. There are some exceptions to the time limit for filing an injury claim. If you need help to determine if your claim falls within one of these exceptions, then it is recommended to seek legal advice. A key aspect of the statute of limitations is that it is only applicable to the filing of a lawsuit in a court. Pueblo injury attorneys are usually used to settle injury cases and do not require formal lawsuits. It is nevertheless important to allow yourself enough time to start a lawsuit in the event that negotiations with insurance do not go as planned or if there is a problem that cannot be resolved with insurance. Certain circumstances may stop the clock on the statute of limitations, however they are not common and have to be evaluated on a case-by-case basis. The statute of limitation may not be established until the victim realizes or should have realized that the injury was caused by another's negligence. In some states, like New York, it is different for claims 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 the duty of care, that this breach caused harm and losses to the plaintiff, and that the defendant should be held liable for those damages. The complaint is the initial document that you file in a personal injury lawsuit. It provides detailed details about the incident that caused your injuries and the damages you seek. The complaint also contains a “prayer for relief” that outlines what you want the court to do. The complaint and summons must be handed over to the defendant. The defendant must respond to the complaint within specific time frames and either accept or deny the allegations contained in the complaint. The defendant may also file a counterclaim or add a third party defendant to the case as third party defendant. A successful personal injury lawsuit is based on solid evidence such as medical documents and testimony from witnesses. We work closely with our clients to ensure that all relevant information is gathered and included in the case. The evidence we gather will also assist us in negotiate with the defendants' lawyers or insurance agents to obtain the best settlement offer. Preliminary Conference In a personal injury lawsuit your lawyer must demonstrate that the negligence of the defendant caused your accident. You must also prove that you suffered injuries in your accident and that the injuries are worthy of the amount of financial compensation. It can be a lengthy process, but it's at the trial that you'll finally know if you will get the compensation you are entitled to. In the trial before jurors your lawyer will argue that the defendant is at liability and that they must be held accountable for your losses. The defendant will provide evidence that their actions are unrelated to the accident, which will keep them from having to reimburse you for your losses. Before proceeding to trial you must attend a preliminaries conference. This is usually the first time your case will be subject to deadlines that are set by the Court itself. This is also the time that your attorney will discuss the case with the defense. A judicial registrar, or a member of the court's staff, typically holds preliminary conferences. All parties must attend the initial conference in person unless the case has been handled in accordance with New York's Differentiated Case Management Rule or the Rules are otherwise exempted. If, however, a person cannot attend in person, they are able to participate via phone or internet with the permission of the convenor. If your case is going to be a part of the Differentiated Case Management program, the preliminary conference will be an opportunity to identify whether your case falls under one of the three classifications – expedited, standard or complex. Bill of Particulars After the summons and complaint have been filed, the defendants named in the lawsuit will have twenty to thirty days (although this time frame is able to be extended by the court). After the Answer is filed, the case moves into the discovery phase. In this phase both sides exchange information in the form of written demands for discovery and depositions. At the conclusion of discovery the attorney representing the plaintiff drafts what is called a Bill of Particulars. This document outlines the legal claims being made as well as 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 being made, so that they can prepare for trial. The court must examine the Bill of Particulars before it is allowed to be enforced. 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 not add any new claims. For example, in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. In 1994, the court affirmed the motion to strike out the reference to willful or deliberate actions in a medical malpractice case. The court will not allow a new theory to be added at a point in the case that is unreasonablely late. To avoid negative consequences, an amendment made late to a Bill of Particulars should only be allowed when supported by an affidavit stating an acceptable explanation for the lateness of the amendment. Physical Exam You may question why a doctor, who doesn't know you or your medical history and is unfamiliar with the details of your accident, should be asked to conduct a medical examination. This type of examination is required by Washington law, could be beneficial to your case. Typically, IMEs are conducted by medical doctors who are employed by the defendant's insurance company and aim to offer a different perspective on your injuries. These doctors, often referred to as “independent” and have their own agendas and financial stakes in reducing the compensation that is given to victims of injuries. If you decide to undergo an IME, your Orange County personal injury lawyer will make sure that you are fully informed about what to expect and provide a copy of all relevant medical records for 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. Do not underplay or exaggerate the severity of your injuries to these doctors. They are trained to spot fraud, and may utilize this information in court.