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What is a Personal Injury Lawsuit? You may be entitled to compensation if you were injured as a result of the actions or inactions of a third party. Contact a knowledgeable personal injury lawyer to learn more about your rights. 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 take anywhere from several months to several years. Damages A personal injury lawsuit is a process to compel a person or entity to pay you compensation for the damages resulting from an accident. The party who suffered the injury is known as the plaintiff, while the parties responsible are referred to as defendants. If someone dies as a result of carelessness or infractions committed by others the wrongful death case are often included in personal injury claims. The damages of a victim are typically broken down into two groups which are: punitive and compensatory. Compensatory damages are meant 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 for committing extreme crimes. The first type of damages is usually known as “economic damages.” This includes the cost of out-of-pocket expenses incurred due to the accident and injuries. These could include hospital bills, doctor's fees and physical therapy costs. Rochester injury lawsuits may also include additional expenses, such as the cost of travel to and from appointments, or home modifications to accommodate a disability that is permanent. Non-economic damage can also be referred to by the term “pain and suffer” damages. They are more difficult to quantify and involve the mental and emotional stress, anguish and suffering that an accident can cause. Your lawyer will help you evaluate these damages based upon the severity of your injury. This could be based on your capacity to enjoy activities you previously enjoyed or your loss of connection with family members. Statute of Limitations A legal rule known as the statute of limitation stipulates that anyone injured in an accident should file an action within a specified date or else their claim will be dismissed. This is to stop evidence from being forgotten or lost, and also to stop people from dragging incident-related litigation out indefinitely. The exact time frame varies from state to state, however, personal injury claims typically have a two- to four-year time limit. There are certain exceptions to the time period for filing a claim. If you need assistance determining if your case falls within one of these exceptions, then it is recommended that you seek legal advice. The statute of limitations applies only to lawsuits filed in court. Insurance claims are often used to resolve injury cases and do not require formal lawsuits. It is still important to give yourself enough time to bring a lawsuit in the event that insurance negotiations aren't as smooth as you had hoped, or if a problem occurs that is not resolved by insurance. Certain circumstances can stop the clock on the statute of limitations, however they are extremely rare and have to be assessed on a case-by-case basis. For example the statute of limitations might not start running until the victim discovers or ought to have realized that their injuries were caused by another person's negligent actions, and in some states, such as New York, the statute of limitations is different for claims against municipalities. Complaint A personal injury lawsuit is brought by a victim against the person who caused the injury. The plaintiff claims that the defendant breached the duty of care, that the breach caused harm and loss to the plaintiff, and that the defendant is accountable for the damages. The complaint is the primary document that you file in a personal injury case. It provides detailed details concerning the incident that caused your injuries, as well as the damages you are seeking. The complaint also contains a “prayer of relief” which outlines what you want the court to do. The complaint must be served to the defendant with a summons, which is a notice that they are being sued. The defendant must respond to the complaint within certain time frames and either accept or deny all allegations in the complaint. The defendant may also bring a counterclaim against plaintiff or introduce another defendant as third-party defendant. A successful personal injury lawsuit is built on solid evidence, which includes medical documents and witness testimony. We collaborate closely with our clients to ensure that all relevant information is collected and included in the case. The evidence we gather will also assist us in negotiate with the defense lawyers or insurance agents to negotiate the most favorable settlement offer. Preliminary Conference In a personal injury lawsuit the attorney for you must prove that the negligence of the defendant led to your accident. You must also prove that you suffered injuries as a result of your accident, and that the injuries you sustained are worthy of financial compensation. It's a long process, but it is at the trial that you will be able to determine if you be awarded the compensation you are entitled to. In a trial before a jury your lawyer will argue that the defendant is at liability and that they must be held accountable for your losses. The defendant will present evidence that their actions are unrelated to the accident, which will prevent them from having to compensate you for your losses. You must attend a pre-trial conference before you can proceed with the trial. This is the first time your case is subject to deadlines set by a court. 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 someone on the court's staff. All parties must attend the preliminary conference in person unless the case is handled in accordance with New York's Differentiated Case Management Rule or the Rules are otherwise exempted. If, however, a person is unable to attend in person they are able to take part via phone or online with the approval of the convenor. If your case is part of the Differentiated Case Management Program, a preliminary meeting is also an opportunity to determine whether your case falls under one of three categories namely expedited standard or complex. Bill of Particulars After a complaint and summons are filed, the defendant parties who are named in the lawsuit have the option of having twenty or thirty days to submit an Answer (although this deadline may be extended if the court gives approval). After the Answer is filed, the case enters what is known as the discovery phase. In this period the parties exchange information in the form of written discovery demands and depositions. The plaintiff's lawyer prepares the Bill of Particulars at the end of discovery. The document is a legal declaration of claims and the relief sought – typically the award of damages in cash. The Bill of Particulars is intended to inform the defendant notice of the specific legal claims being filed so that they can prepare effectively for trial. Before a Bill of Particulars can be accepted, it must be scrutinized by the court. In general, a court will only abide by the Bill of Particulars if it is not vague or 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 instance was a case in which the court concluded that the plaintiff was not negligent. In 1994, the court upheld a motion to strike references to intentional or willful acts in a medical negligence case. The court will also not allow a new theory to be introduced at a stage in the litigation that is unreasonably late. In order to avoid resultant prejudice, a belated amendment to the Bill of Particulars should only be allowed if accompanied by an affidavit offering a reasonable excuse for the delay in the amendment. Physical Exam It is possible to ask why a doctor, who doesn't know you or your medical history and is unfamiliar with the details of your accident, would be required 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 doctors medical who are hired by the defendant's insurance company and their aim is to offer an alternative perspective on your injuries. Although they are sometimes referred to as “independent,” these physicians as well as insurance companies – have their own agenda and financial interest in decreasing the amount of compensation that could be given to a victim of injury. If you decide to go through an IME, your Orange County personal injury lawyer will make sure that you are fully informed about what to expect and will provide the complete set of medical records for the doctor to examine. Your lawyer will also be present at the IME and will ensure that you are being treated with respect and courtesy by ensuring that questions of the doctor do not diverge from the ones you have in your medical records. It is not advisable to downplay or exaggerate the severity of your injuries to the doctors. They are trained to spot fraud, and may utilize this information in court.