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What is a Personal Injury Lawsuit? If you have been injured by another person's actions or inactions, you may be entitled to compensation. Contact an experienced personal injury lawyer to find out more about your rights. A personal injury lawsuit is a civil dispute where the plaintiff is seeking compensation for their losses, such as medical expenses, lost wages, property damage, and other costs. The process can take anywhere from several months to several years. Damages A personal injury lawsuit is a legal proceeding which is filed to force another person or entity to compensate you compensation for damages caused by an accident. The person who is injured is referred to as the plaintiff while the responsible parties are called defendants. Personal injury cases may include the wrongful death of a person who dies due to negligence or wrongdoing of others. Damages are usually divided into two categories: punitive and compensatory. Compensatory damages are meant to make the victim whole again, including out-of-pocket expenses such as medical expenses as well as compensation for suffering and pain. Punitive damages are rare and are intended to penalize the offender for extreme behavior. This category covers all costs that result from the injury or accident. 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 traveling to and from appointments, or modifications to your home to accommodate permanent disabilities can also be included in a claim. Non-economic damages are also called “pain and suffer” damages. These damages are harder to quantify, and they include the emotional stress and mental anguish that an accident can cause. Your lawyer will help you value these damages based on the severity of your injury. This might be based on the ability to enjoy activities you were previously able to enjoy or the loss of your relationship with family members. Statute of Limitations Under a legal rule called the statute of limitations, anyone who is injured in an accident must bring a lawsuit within a certain time frame or their claim will be rejected by the courts. This is to safeguard evidence from being lost or forgotten, and to prevent people from dragging out litigation relating to incidents for an indefinite period. The exact duration of the time limit varies from one state to another, but most personal injury claims have a limit of between two and four years. However, there are exceptions that may extend the time a victim has to make a claim, and they should seek legal advice for help to determine if their case falls within one of the exceptions. One of the main facets of the statute of limitations is that it only applies to the filing of an action in a court. Many injury cases are resolved through the insurance claim process and do not require a formal lawsuit filing. It is important to give yourself enough time to file a lawsuit in the event that insurance negotiations do not go as planned or if there is a problem that is not resolved by insurance. Certain circumstances may stop the statute of limitations clock however these cases are very rare and have to be analyzed on an individual basis. The statute of limitations may not begin until the victim is aware or should have known that the injury was caused by someone else's negligence. In certain 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 violated their duty of care and this breach resulted in harm and losses for the plaintiff. The defendant is then held responsible for these damages. The first document filed in a personal injury lawsuit is known as the complaint, and it contains specific details about the incident that led to your injuries. Virginia Beach injury lawsuits youtube.com outlines the damages you seek. The complaint also contains 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. After the complaint is filed, the defendant has to respond to the complaint within a specific time period, and they will either admit or deny the allegations made in the complaint. The defendant can also file a counterclaim against the plaintiff or introduce another defendant as third-party defendant. A successful personal injury lawsuit is built on solid evidence, such as medical documents and witness testimony. We work closely with our clients to ensure that all relevant information is gathered and included in the case. The evidence will also help us negotiate with the defendant's attorneys or insurance representatives to get the most favorable settlement offer. Preliminary Conference In a personal injury lawsuit, your attorney must prove that the negligence of the defendant caused your accident. You must also prove that you suffered injuries as a result of your accident, and that your injuries are a valid reason for financial compensation. It can be a lengthy process however, the trial is where you will be able to determine if you'll receive the compensation you deserve. In a trial before a jury, your lawyer will argue that the defendant is accountable and must pay you for your losses. The defendant will present evidence to prove that their actions were not related to the accident. This will stop them from paying you for your losses. Before you can proceed to trial you must attend a preliminaries conference. This is the first time your case will be subject to deadlines imposed by a judge. It is also the time that your attorney will discuss the case with the defense. Preliminary meetings are usually held by a judicial register or an individual from the court's staff. All participants must attend the preliminary conference in person unless the case has been handled by New York's Differentiated Case Management Rule or the Rules are otherwise exempted. However, if a party cannot attend in person, they may participate via phone or internet with the permission of the convenor. If your case is scheduled to be part of the Differentiated Case Management program, a preliminary conference will also be a chance to determine whether your case falls within one of the three categories – expedited, standard or complex. Bill of Particulars When a summons and complaint are filed, the defendants named in the lawsuit have the option of having twenty or thirty days to submit an Answer (although this deadline can be extended if the court gives consent). After the Answer has been filed, the matter moves into what is called the discovery phase. During this phase, both parties exchange information through written discovery demands and depositions. At the conclusion of discovery the attorney representing the plaintiff drafts what is called a Bill of Particulars. The document details the legal claims being made and the relief requested – typically the award of damages in cash. The Bill of Particulars is meant to inform the defendant of the specific legal claims being made, to help them prepare for trial. Before a Bill of Particulars can be accepted, it must be examined by the court. In general, courts will only comply with a Bill of Particulars that is not vague or overly broad. A Bill of Particulars should be limited to the specific acts of negligence being claimed and should not add new claims. For instance, in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. In 1994, the court affirmed a motion to strike the reference to willful or deliberate actions in a medical malpractice case. In the same way, the court will not permit the introduction of a new doctrine of recovery at an unreasonably late stage in the litigation. To avoid causing prejudice, a late amendment to the Bill of Particulars must be supported by an affidavit that gives a reasonable explanation for the tardiness of the amendment. Physical Examination You may question the reason why a doctor, who isn't familiar with you or your medical history and is unfamiliar with the specifics of your incident, would be asked to conduct a medical examination. However, this kind of exam is actually a requirement under Washington law, and could be beneficial in your case. IMEs are usually conducted by doctors hired by the defendant’s insurance company. They are there to offer a different perspective on your injuries. Although they are often described as “independent,” these physicians as well as insurance companies have their own agendas and financial interest in decreasing the amount of compensation that may be granted to a victim who has been injured. 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 provide the complete set of medical records for the doctor to look over. Your lawyer will also be present at the IME and can ensure that you are being examined in a fair manner by ensuring that the doctors questions do not deviate from the ones you have in your medical records. Do not underplay or exaggerate the severity of your injury to these doctors. They are trained to detect fraud, and may make use of this information in a trial.