What is a Personal Injury Lawsuit?

If you've been hurt due to another's actions or inactions, you may be entitled to compensation. Contact a seasoned personal injury attorney to learn more about your rights.

A personal injury lawsuit is civil dispute where the plaintiff seeks compensation for their loss. This can include medical bills or lost wages, as well as property damage. The process can run between a few months and several years.

Damages

A personal injury lawsuit is an action to force another person or entity to pay money for damages related to an accident. The person who is injured is referred to as the plaintiff while the parties accountable are known as defendants. If someone dies as a result of the carelessness or infractions committed by others the wrongful death case are often included in personal injury claims.

A victim's damages are typically broken down into two groups which are: punitive and compensatory. Compensatory damages include medical bills as well as pain and loss compensation, and other out of pocket expenses. Punitive damages are not common and are 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 may include hospital expenses as well as doctor's fees and therapy costs. Certain claims could also include additional costs, like the cost of travel to and from appointments, or the need to modify your home to accommodate a disability that is permanent.

Non-economic damage can also be called "pain and suffer" damages. These 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 determine the value of these damages based on the severity of your injury. This could be based on the ability to continue enjoying the activities you used to do or your loss of consortium with family members.

Statute of Limitations

A legal requirement, known as the statute of limitations, any person who suffers injury as a result of an accident must bring a lawsuit within a certain time frame or the claim will be rejected by the courts. This is done to stop evidence from being forgotten or lost and to stop individuals from dragging litigation relating to incidents out for an indefinite period.

The exact length of time for filing a claim varies between states, however, personal injury claims typically have a two- to four-year limit. There are certain exceptions to the time limit for filing a claim. If you need assistance to determine if your claim falls under one of these exceptions, it is recommended to seek legal advice.

One of the main facets of the statute of limitations is that it is only applicable to the filing of a lawsuit in a court. Insurance claims are typically used to settle injury cases and do not require formal lawsuits. But, it's crucial to give yourself enough time to file a lawsuit just in case insurance negotiations do not go as planned or an issue arises that can't be easily addressed through the insurance system.

Certain circumstances can stop the clock on the statute of limitations, but they are rare and need to be evaluated on a case-by case basis. The statute of limitations might not start until the person realizes or should have realized that the injury was caused by someone else's negligence. In some states, like New York, it is different for claims against municipalities.

Complaint

A personal injury lawsuit is brought by the victim against the person who caused the injury. It alleges that the defendant breached the duty of care, and that this breach caused harm and loss to the plaintiff, and that the defendant is liable for those damages.

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

The defendant must respond to the complaint within specific time frames and either accept or deny all the allegations made in the complaint. The defendant can also file a counterclaim or add a third party defendant to the case by naming a third party defendant.

A successful personal injury lawsuit depends on solid evidence, including medical records 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 can also help 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 were injured in the accident and that these injuries are worthy of financial compensation.

This can be a long process however, the trial is where you can finally determine whether you'll get the damages you're entitled to. In a jury trial your lawyer will argue that the defendant is liable and has to pay for your losses. The defendant will argue that their actions do not contribute to the accident, which prevents them from having to pay you for your losses.


Before proceeding to trial, you must attend a preliminaries conference. This is the first time that your case has deadlines set by a court. This is also the time when your lawyer will discuss the matter with the defense.

A judicial registrar, also known as an individual from the court staff, typically holds preliminary conferences. All participants must attend the preliminary conference in person unless the case has been handled by the New York's Differentiated Case Management Rule or the Rules are exempted in other ways. If a party cannot attend in person, they are able to participate via phone or 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 a chance to determine whether your case falls within one of the three categories - expedited, standard or complex.

Bill of Particulars

After the summons and complaint have been filed, defendants named in the lawsuit will be given between twenty and thirty days (although this timeframe can be extended by the court). Once the Answer has been filed, the matter moves into what is called the discovery phase. During this time, both sides exchange information in the form of written demands for discovery and depositions.

At the conclusion of discovery The attorney for the plaintiff prepares what is called a Bill of Particulars. The document details legal claims and the relief sought - typically an award of money damages. The Bill of Particulars is meant to inform the defendant of the specific legal claims made, so that they can prepare for trial.

The court must examine a Bill of Particulars before it is able to be followed. Generally, the court will only comply with a Bill of Particulars that is not vague or overly broad. A Bill of Particulars must only include the specific acts of negligence that are being claimed and not include any new claims. For example, in Linker v. Evanston injury attorney , 203 A.D.2d 527 (2nd Dept. In 1994, the court upheld the motion to strike all references to intentional or willful acts in a medical negligence case.

Similarly, the court will not permit the introduction of a new doctrine of recovery at an unreasonably late point in the action. To avoid causing prejudice a late amendment to a Bill of Particulars must be supported by an affidavit that gives a reasonable explanation for the lateness of this amendment.

Physical Examination

You may question why a doctor who isn't familiar with you or your medical history, and isn't familiar with the specifics of your accident, would be required to conduct a medical exam. This type of examination is required by Washington law, could be beneficial to your case.

Typically, IMEs are conducted by medical doctors who are employed by the defendant's insurance company and their aim is to provide a different perspective on your injuries. These doctors, who are sometimes called "independent" and have their own agendas and financial interests in reducing the amount of compensation that is given to victims of injuries.

Your Orange County personal injury attorney will ensure that you are aware of what you can expect from an IME and will give a copy to the doctor of the relevant medical records. Your lawyer will be present during the IME to ensure that the questions asked by the doctor are in accordance with your medical records. It is important to avoid playing up or down the severity of your injuries with these doctors, as they are trained to recognize dishonesty and may make use of this information against you in trial.