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What is a Personal Injury Lawsuit? You could be eligible for compensation if you have suffered injuries due to the actions or inactions of someone else. Contact a knowledgeable personal injury attorney to learn more about your rights. A personal injury lawsuit is a civil action where the plaintiff is seeking money to cover their losses, which include medical bills, lost wages damages to property and other expenses. The process can take several months to several years. Damages A personal injury lawsuit is a process to force another person or entity to pay you money for damages related to an accident. The party who suffered the injury is known as the plaintiff while the responsible parties are called defendants. Personal injury cases can also include cases of wrongful death when someone dies due to inattention or negligence of others. Damages are typically classified into two categories: punitive and compensatory. Compensation damages are based on medical bills as well as pain and suffering compensation, and other out of pocket expenses. Punitive damages are not common and are intended to penalize the offender for extreme behavior. This category includes all expenses incurred as a result of the accident or injury. These may include hospital expenses medical expenses, doctor's charges and physical therapy costs. In some instances additional expenses, such as the cost of travel to and from appointments or modifications to your home due to permanent disabilities can be included in the claim. Non-economic damages are often described as “pain and suffering” damages. They are more difficult to quantify and include the emotional distress, mental suffering and anguish caused by accidents. Depending on the severity of your injuries your lawyer can help you determine the value of the damages. This could be based on your ability to enjoy activities you were previously able to enjoy or the loss of your relationship with family members. Statute of Limitations A legal requirement known as the statute of limitations obliges anyone injured in an accident must file an action before a specific date or the claim will be dismissed. This is to stop evidence from being forgotten or lost, and to prevent those who delay bringing litigation related to an incident out for a long time. The time frame for filing a claim is different from one state to another, but most personal injury lawsuits have a limit of two to four years. There are certain exceptions to the time limit for filing claims. If you need help in determining whether your case falls within one of these exceptions, then it is recommended to seek legal advice. The statute of limitations only applies to lawsuits that are filed in the court. Insurance claims are often used to resolve injuries and do not require formal lawsuits. Even so, it is important to leave yourself enough time to file a lawsuit in the event that insurance negotiations do not follow the plan or an issue arises that can't be addressed by the insurance system. Certain circumstances may stop the clock on the statute of limitations, however they are extremely rare and have to be assessed on a case by case basis. The statute of limitations might not begin until the victim is aware or should have known that the injury resulted from someone else's negligence. In certain states, like New York, it is different for claims made against municipalities. Complaint A personal injury lawsuit is a civil action filed by an injured party against the person or entity that caused the injury. It alleges that the defendant breached the duty of care, and that the breach caused harm and losses to the plaintiff and that the defendant should be held accountable for the damages. The first document filed in a personal injury lawsuit is known as the complaint, and it includes specific allegations regarding the incident that led to your injuries. It also outlines the damages you seek. The complaint also includes the “prayer of relief” which outlines what you would like 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 deadlines and either admit or deny all the allegations made in the complaint. The defendant may also file a counterclaim against the plaintiff or bring in a different 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 with our clients to gather 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 representatives to get the best settlement possible. Preliminary Conference In a personal-injury lawsuit 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 these injuries are worthy of an amount of money. It's not an easy procedure, but it's at the trial that you will find out if you be awarded the compensation you deserve. In the trial before jurors your lawyer will argue that the defendant is at liability and that they must pay for your losses. The defendant will provide evidence to show that their actions are not connected to the accident. Rochester Hills injury attorneys 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 often the first time your case will have deadlines set by the Court itself. This is also when your lawyer will discuss the matter with the defense. Preliminary meetings are usually held by a judicial register or someone on the court's staff. All participants must attend the preliminary conference in person, unless the case is handled by New York's Differentiated Case Management Rule or the Rules are otherwise exempted. If a party is not able to attend in person, the convenor can allow them to participate by telephone or online. If your case is part of the Differentiated Case Management Program, the initial meeting provides an opportunity to determine if your case falls into one of three categories: complicated or expedited standard. Bill of Particulars After the summons and complaint have been filed, defendants named in the lawsuit will be given twenty to thirty days (although this time frame may be extended by the court). When the Answer is filed, the case moves into what is called the discovery phase. In this stage the parties exchange information through written demands for discovery and depositions. The plaintiff's lawyer prepares the Bill of Particulars at the conclusion of the discovery. This document provides the legal claims that are being made and the relief requested – 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. Before a Bill of Particulars can be accepted, it must be reviewed by the court. In general, courts will only comply with a Bill of Particulars that is not vague or broad. A Bill of Particulars must only include the specific acts of neglect 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. In 1994, the court affirmed the motion to strike out any references to willful or intentional acts in a medical malpractice case. The court will also not allow a new doctrine to be added at an point in the case that is unreasonablely late. To avoid causing prejudice a late amendment to a Bill of Particulars must be supported by an affidavit which provides a reasonable explanation for the delay of this amendment. Physical Exam You might be wondering why a doctor, who doesn't know you or your medical history and isn't familiar with the specifics of your accident, should be required to conduct a medical exam. But, this type of examination is actually an obligation under Washington law and can be helpful in your case. IMEs are usually performed by doctors who are employed by the defendant’s insurance company. Their goal is to offer a different perspective on your injuries. Although they are often referred to as “independent,” these physicians as well as insurance companies have their own agendas and financial stake in cutting down on the amount of compensation that may be given to a victim of injury. If you choose to undergo an IME the Orange County personal injury lawyer will ensure that you are aware of what to expect and provide the complete set of medical records to 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. It is crucial to avoid playing around with the severity of your injuries to these doctors, as they are trained to spot dishonesty and may make use of this information against you in trial.