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What is a Personal Injury Lawsuit? You may be entitled to compensation if you have been injured due to the actions or inactions of a third party. To find out more about your rights under the law to pursue compensation, consult a knowledgeable personal injury lawyer. A personal injury lawsuit is a civil action where the plaintiff is seeking compensation for their losses, which include medical expenses, lost wages, property damage, and other costs. The process can take several months to several years. Damages A personal injury lawsuit is a legal action that is taken to compel another person, or entity to compensate you for the damages that result from an accident. The plaintiff is the injured party and the defendants are responsible. Personal injury cases can include the wrongful death of a person who dies due to the inattention or negligence of others. Damages are usually divided into two categories: punitive and compensatory. Compensatory damages include medical bills as well as pain and suffering compensation, and other out-of-pocket expenses. Punitive damages are not common and designed to punish the offender for extreme behavior. The first type of damages is often called “economic damages.” This includes the cost of out-of-pocket expenses incurred due to the accident and injuries. This could include doctor's fees or hospital costs, as well as physical therapy costs. In some cases additional expenses, such as the cost of travelling to and from appointments, or changes to your home to accommodate permanent disabilities can also be included in an insurance claim. Non-economic damages are also described as “pain and suffer” damages. They are more difficult to quantify and involve the mental and emotional stress, anxiety and suffering that an accident can cause. Based on the extent of your injuries, your lawyer will assist you to estimate the value of these damages. This could be based on your ability to participate in activities that you used to do or the loss of your relationship with family members. Statute of limitations In a legal rule known as the statute of limitations, any person who is injured in an accident must bring a lawsuit within a certain time frame or the claim will be rejected by the courts. This is to protect evidence from being lost or forgotten, and to stop people from carrying out litigation relating to incidents for an indefinite period. The exact length of time for filing a claim varies between states, but personal injury claims typically have a two-to four-year limit. There are some exceptions to the time to file an injury claim. If you need assistance determining if your case falls within one of these exceptions, it is best to seek legal advice. One of the most important aspects of the statute of limitations is that it applies only to the filing of a lawsuit in court. Insurance claims are typically used to resolve injuries and do not require formal lawsuits. It is 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 which cannot be resolved through insurance. Certain circumstances may stop the clock on the statute of limitations, but they are rare and need to be assessed on a case by case basis. For example the statute of limitations may not begin to run until a victim has discovered or reasonably should have discovered that their injury was 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 a civil action brought by an injured person against the person or entity who caused the injury. The plaintiff claims 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 first document you file with a personal injury lawsuit is referred to as the complaint, and it includes specific allegations regarding the incident that led to your injuries. It also outlines the damages you're seeking. It also includes a “prayer for relief” which outlines what you would like the court to do. The summons and complaint should be handed over to the defendant. The defendant must respond to the complaint within certain deadlines and either admit or deny all the allegations made in the complaint. The defendant may also bring a counterclaim against plaintiff or bring in a different defendant as a third-party defendant. A successful personal injury lawsuit is based on solid evidence, including medical documents and testimony from witnesses. We work closely together with our clients to gather all relevant information and include it in the case. The evidence will also help us negotiate with the attorney for the defendant or insurance representatives to get 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 led to your accident. You must also prove you were injured in your accident and that the injuries are worth financial compensation. It's a long process, but it's at the trial that you will find out if you receive the damages you deserve. In a jury trial your lawyer will argue that the defendant is liable and has to pay for the losses you suffered. The defendant will argue that their actions do not contribute to the accident, which will keep them from having to reimburse you for your losses. Before proceeding to trial you must attend a preliminary conference. This is typically the first time that your case will have deadlines that are set by the Court itself. This is also the time when your lawyer will discuss the case with the defense. A judicial registrar, also known as an official of the court's staff, typically conducts preliminary conferences. If the case is handled by New York's Differentiated Case Management Rule, or otherwise exempted from the Rules, all parties are required to attend in person. If a party is unable to attend in person, the convenor is able to allow them to participate by telephone or online. If your case is part of the Differentiated Case Management Program, a preliminary meeting is also an opportunity to determine if your case falls under one of three categories: expedited standard or complex. Bill of Particulars After the complaint and summons are filed, the defendants named in the lawsuit will have twenty to thirty days (although this time frame may be extended by the court). Once the Answer has been filed, the case moves into what is called the discovery phase. In this stage the parties exchange information via written discovery demands and depositions. The lawyer of the plaintiff drafts the Bill of Particulars at the conclusion of the discovery. This document outlines legal claims and the relief sought – typically an award of money damages. The Bill of Particulars is intended to put the defendant on notice of the specific legal claims being made, so that he or she can prepare effectively for trial. The court must look over the Bill of Particulars before it is allowed to be enforced. In general, a court will only abide by a Bill of Particulars if it isn't vague or overly broad. A Bill of Particulars must only include the specific acts of negligence that are being alleged and not include any new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ), for example was a case where the court found that the plaintiff had not been negligent. 1994), the court sustained the motion to strike all references to willful and intentional acts from a medical negligence claim. Similarly, the court will not allow the addition of a new theory of recovery at a disproportionately late stage in the case. In order to avoid resultant adverse consequences, a late amendment to the Bill of Particulars should only be allowed if accompanied by an affidavit that provides an adequate explanation for the lateness of 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, should be asked to conduct a medical exam. But, this type of examination is actually a requirement under Washington law, and could be beneficial in your case. Typically, IMEs are conducted by doctors medical who are hired by the insurance company representing the defendant and their goal is to provide a different perspective on your injuries. Although they are sometimes called “independent,” these physicians, just like insurance companies have their own agendas and financial interest in cutting down on the amount of compensation that can be given to a victim of injury. Your Orange County personal injury attorney will ensure that you understand what to expect from an IME and will give a copy to the doctor of all pertinent medical records. Your lawyer will be present during the IME to ensure that the questions posed by the doctor are in line with your medical records. Spokane Valley injury attorneys should not downplay or exaggerate the severity of your injury to these doctors. They are trained to spot fraudulent behavior, and can make use of this information in a trial.