What is a Personal Injury Lawsuit?

If you have been injured due to another's actions or inactions, you may be eligible for compensation. To learn more about your legal rights to pursue compensation, consult a knowledgeable personal injury lawyer.

A personal injury lawsuit is a civil matter where the plaintiff is seeking compensation for their losses, including medical expenses, lost wages, property damage and other expenses. The process can last from a few months to several years.

Damages

A personal injury lawsuit is a legal action which is filed to force another individual or entity to compensate you compensation for damages caused by an accident. The plaintiff is the one who was injured and the defendants are the ones accountable. Personal injury cases can include wrongful death claims when someone dies due to the negligence or wrongdoing of others.

Damages are usually classified into two categories: compensatory and punitive. Compensation damages are designed to help the victim get back on track and regain their financial security, which includes out-of-pocket expenses such as medical expenses and compensation for suffering and pain. Punitive damages, which are very rare and are intended to punish the offender if they have committed extreme actions.

This category includes all expenses caused by the accident or injury. This could include hospital bills, doctor's fees and physical therapy costs. Some claims may also include additional costs, like transportation costs to and from appointments or the need to modify your home to accommodate a permanent disability.

Non-economic damages can also be described as "pain and suffer" damages. They are more difficult to quantify and involve the emotional distress, mental anxiety and suffering that an accident can cause. Mission injury attorneys You Tube will assist you to determine the value of these damages based on the severity of your injury. This might be based on the ability to participate in activities that you used to do 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 make a claim within a specific time period or the claim will be rejected by the courts. This is to safeguard evidence from being lost or forgotten and to stop people from carrying out litigation relating to incidents for an indefinite period.

The time frame for filing a claim is different from one state to another, but the majority of personal injury lawsuits have a limit of two to four years. There are certain exceptions to the time limit for filing claims. If you require assistance in determining whether your case falls under one of these exceptions, then it is recommended 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 usually used to settle injury cases and do not require formal lawsuits. However, 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 cannot be easily addressed through the insurance system.

Certain circumstances may stop the statute of limitations clock however, these situations are very rare and have to be evaluated on an individual case-by-case basis. For example, the statute of limitations might not start running until a victim has discovered or should have reasonably discovered that their injury was caused by someone else's negligence, and in certain states, like 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. It alleges that the defendant breached a duty of care, that the breach caused harm and losses to the plaintiff, and that the defendant is liable for those damages.

The first document filed with a personal injury lawsuit is referred to as the complaint. It contains detailed allegations about the incident that led to your injuries and outlines the damages you seek. It also contains the "prayer for relief" that outlines what you would like the court to do. The complaint must be served on the defendant, along with a summons which is a notification that they are being sued.

The defendant must respond to the complaint within a set of deadlines and either admit or deny all allegations contained in the complaint. The defendant can also bring a counterclaim against plaintiff or introduce another 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 with our clients to ensure that all relevant information is collected and included in the case. The evidence we have can also assist us to negotiate with the defendants' lawyers or insurance agents to obtain the best settlement offer.

Preliminary Conference

In a personal injury case, your attorney must prove that the defendant's negligence caused your accident. You must also prove you were injured in your accident and that the injuries are worth financial compensation.

It's not an easy procedure, but it's at the trial that you'll finally know if you will get the compensation you are entitled to. In the trial before the jury your lawyer will argue the defendant's responsibility and the need to pay for your losses. The defendant will present evidence to show that their actions were unrelated to the accident. This will stop them from settling your losses.

Before proceeding to trial you must attend a preliminaries conference. This is usually the first time your case will be subject to deadlines that are set by the Court itself. This is also the time when your attorney will discuss the case with the defense.

A judicial registrar, also known as a member of the court staff typically holds preliminary conferences. Unless the case is being handled by New York's Differentiated Case Management Rule, or is otherwise exempt from the Rules, all parties are required to be present in person. If, however, a person is unable to attend in person they can participate via telephone or on the internet with the permission of the convenor. If your case is going to be a part of the Differentiated Case Management program, an initial conference can be an opportunity to identify whether your case falls into one of the three classifications - expedited, standard or complex.

Bill of Particulars

After a summons or complaint are filed, the defendant parties who are named in the lawsuit have either twenty or thirty days in which to file an Answer (although this time frame can be extended with the court's approval). After the Answer is filed, the case enters what is known as the discovery phase. In this phase the parties exchange information in the form of written demand for discovery and depositions.

After the discovery process is concluded the attorney representing the plaintiff drafts what is known as a Bill of Particulars. The document details the legal claims being made and the relief sought - usually the award of damages in cash. The Bill of Particulars is intended to put the defendant on notice of the specific legal claims being filed so that he or she can prepare effectively for trial.

Before a Bill of Particulars can be followed, it must be scrutinized by the court. In general, a court will only abide by a Bill of Particulars if it is not vague or broad. A Bill of Particulars should be limited to the specific acts of negligence claimed and should not contain new claims. For instance in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. 1994) the court granted a motion to strike all references to intentional and willful acts from a medical malpractice claim.

Similarly, the court will not permit the addition of a new theory of recovery at an unreasonably late stage in the litigation. To avoid negative consequences, an amendment made late to the Bill of Particulars should only be permitted if supported by an affidavit stating an acceptable explanation for the delay in the amendment.

Physical Examination

If a defense attorney or insurance company requests that you take part in an Independent Medical Examination (IME), your natural first instinct could be to wonder why a doctor who does not know you and your medical history and the specifics of your accident is being required to conduct an examination. However, this type of exam is actually an obligation under Washington law, and it can be helpful to your case.


IMEs are usually conducted by doctors hired by the insurance company of the defendant. Their aim is to offer a different view of your injuries. These physicians, who are often referred to as "independent" and have their own agendas and financial interests in reducing the compensation that can be given to victims of injuries.

If you choose to undergo an IME the Orange County personal injury lawyer will ensure that you are fully informed about what to expect. They will provide the complete set of medical records for 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 essential to not play around with the severity of your injuries with these doctors, as they are trained to recognize the deceit and may utilize this information against you in trial.