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What is a Personal Injury Lawsuit? You may be entitled to compensation if you have suffered injuries due to the actions or inactions of another person. 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 anywhere from several months to several years. Damages A personal injury lawsuit is a legal action that is used to compel another person, or entity to compensate you for the damages that result from an accident. The person who is injured is referred to as the plaintiff and the parties responsible are referred to as defendants. Personal injury cases can also include the wrongful death of a person who dies due to inattention or negligence of others. Damages are usually divided into two categories: compensatory and punitive. Compensatory damages include medical bills, pain and suffering compensation, and other out of pocket expenses. Punitive damages are uncommon and designed to punish the perpetrator for their extreme behavior. The first type of damages is typically known as “economic damages.” This covers any out-of-pocket costs resulting from the accident or injury. These might include doctor's bills or hospital costs, as well as physical therapy expenses. In some cases, additional expenses like the cost of traveling to and from appointments, or changes to your home for permanent disabilities may be included in a claim. Non-economic damages are commonly called “pain and suffering” damages. They are more difficult to quantify and include the mental and emotional stress, suffering and anguish that an accident can cause. Your lawyer can help you evaluate these damages based upon the severity of your injuries. This may be based on your capacity to perform the activities you used to or your loss of a relationship with your family. Statute of Limitations In a legal rule known as the statute of limitations, anyone who is injured in an accident must file a lawsuit within a specified time or their claim will be dismissed by the courts. This is to prevent evidence from being lost or lost in the shuffle and to prevent people from dragging out litigation relating to incidents for an indefinite period. The exact time limit differs from one state another, but the majority of personal injury lawsuits have a time frame of between two and four years. However, there are exceptions that can extend the time a victim has to file their claim and they should seek legal advice for help determining whether or not your case falls under one of the exceptions. The statute of limitations applies only to lawsuits that are filed in court. Many cases of injury are resolved through the process of claiming insurance and do not require a formal lawsuit filing. Even so, it is important to leave yourself plenty of time to file a lawsuit just in case insurance negotiations don't go as planned or an issue arises that can't be easily addressed through the insurance system. Chandler injury lawsuits may stop the clock of the statute of limitations however these cases are extremely rare and need to be analyzed on an individual case-by-case basis. For instance, the statute of limitations might not start running until a victim has discovered or ought to have realized that their injuries were 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 filed by the victim against the party who caused the injury. It claims that the defendant breached their duty of care, and that the breach caused damage and losses for the plaintiff. The defendant is then accountable for the damages. The first document filed with a personal injury lawsuit is called the complaint. 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 describes what you want the court to do. The summons and complaint should be handed over to the defendant. The defendant must respond to the complaint within specific time frames and either accept or deny the allegations in the complaint. The defendant can also bring a counterclaim against plaintiff or bring in a different defendant as a third-party defendant. A successful personal injury lawsuit relies on solid evidence including medical records and testimony from witnesses. We collaborate closely with our clients to ensure that all relevant information is collected and included in the case. The evidence will also assist us negotiate with the attorney for the defendant or insurance companies to negotiate the best settlement offer possible. Preliminary Conference In a personal injury case the attorney for you must prove that the negligence of the defendant led to your accident. You must also prove that you suffered injuries due to your accident and that those injuries warrant financial compensation. It's a long process, but it's at the trial that you will find out if you get the compensation you are entitled to. In a trial before a jury, your lawyer will argue that the defendant is liable and is required to compensate you for the losses you suffered. The defendant will present evidence to prove that their actions were unrelated to the accident. This will stop them from settling your losses. Before proceeding to trial you must attend a preliminary conference. This is the first time your case will be subject to deadlines imposed by a judge. This is also when your attorney will discuss the case with the defense. Preliminary conferences are usually conducted by a judicial registrar or someone on the court's staff. If the case is handled under New York's Differentiated Case Management Rule, or otherwise exempted from the Rules, all parties are required to be present in person. If a person is unable to attend in person, the convenor can allow them to participate by telephone or online. If your case is going to be a part of the Differentiated Case Management program, an initial conference can provide an opportunity to determine whether your case falls into one of the three classifications that are expedited, standard, or complex. Bill of Particulars After the complaint and summons are filed, the defendants named in the lawsuit will have between twenty and thirty days (although this timeframe may be extended by the court). Once the Answer is filed, the case enters what is known as the discovery phase. During this time the parties exchange information in the form of written demands for discovery and depositions. Following the conclusion of discovery, the plaintiff's attorney prepares what is called a Bill of Particulars. The document details legal claims and the relief sought, usually the award of damages in cash. The Bill of Particulars is intended to inform the defendant notice of the specific legal claims being made, so that they is able to effectively prepare for trial. The court must look over the Bill of Particulars before it is able to be followed. In general, the court will only be able to abide by a Bill of Particulars if it is not vague or broad. A Bill of Particulars should be limited to the specific negligence that is being claimed and should not add new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ) for instance, was a case where the court ruled that the plaintiff had not been negligent. In 1994, the court upheld the motion to strike out the reference to willful or deliberate acts in a medical negligence case. Similarly, the court will not allow the introduction of a new theory of recovery at a disproportionately late stage in the case. 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 tardiness of the amendment. Physical Exam You may question the reason 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. However, this kind of examination is actually a requirement under Washington law, and it could be beneficial in your case. IMEs are usually conducted by doctors employed by the insurer of the defendant. Their aim is to provide an alternative view of your injuries. While they are sometimes called “independent,” these physicians, just like insurance companies have their own agendas and financial interest in reducing the amount of compensation that can be granted to a victim who has been injured. Your Orange County personal injury attorney will ensure that you are aware of what to expect from an IME and will give an IME doctor with a copy of the relevant medical records. Your lawyer will be present during the IME to ensure that the questions posed by the doctor are in accordance with your medical records. It is important to not play up or down the extent of your injuries with these doctors, as they are trained to spot the deceit and may utilize this information against you in trial.