What is a Personal Injury Lawsuit?

You could be entitled to compensation if you have suffered injuries due to the actions or inactions of a third party. To learn more about your rights under the law, contact an experienced personal injury lawyer.

A personal injury lawsuit is a civil dispute in which the plaintiff seeks compensation for their losses. This includes medical expenses or lost wages, as well as property damage. The process can take several months to a few years.

Damages

A personal injury lawsuit is a legal proceeding which is filed to force another individual or entity to compensate you for damages resulting from an accident. The person who is injured is referred to as the plaintiff, while the parties responsible are referred to as defendants. If someone dies as a result of negligence or wrongdoing by others, wrongful death cases are often included in personal injury claims.

Damages are typically classified into two categories: punitive and compensatory. Compensatory damages are meant to help the victim get back on track for good, including out-of-pocket costs such as medical expenses and compensation for pain and suffering. Punitive damages, which are rare and are intended to punish the perpetrator when they have committed a number of extreme crimes.

This category covers all expenses that result from the accident or injury. These could include hospital bills, doctor's fees and physical therapy costs. In certain cases other expenses such as the cost of traveling to and from appointments or changes to your home for permanent disabilities can be included in a claim.


Non-economic losses are often referred to as "pain and suffering" damages. They are more difficult to quantify and are a result of the emotional distress, mental suffering and anguish that an accident can cause. Your lawyer will assist you to evaluate these damages based upon the severity of your injury. This might be based on your ability to continue enjoying the activities you used to do or the loss of your relationship with family members.

Statute of limitations

A legal rule known as the statute of limitations stipulates that anyone injured in an accident must file a lawsuit before a certain date or else the claim will be dismissed. This is done to stop evidence from being forgotten or lost and to stop people from dragging incident-related litigation out indefinitely.

The exact time frame varies from state to state, however, personal injury claims typically have a two- to four-year time limit. However there are exceptions that may extend the time that a victim must file their claim and they should seek legal advice for assistance in determining whether or not their case falls within one of these exceptions.

One of the most important aspects of the statute of limitations is that it only applies to the filing of an action in a court. Insurance claims are usually used to resolve injuries and do not require formal lawsuits. But, it's important to allow yourself enough time to file a lawsuit in the event that negotiations do not follow the plan or an issue arises that cannot be resolved through the insurance system.

Certain circumstances can stop the clock on the statute of limitations, but they are extremely rare and have to be considered on a case by case basis. For instance the statute of limitations may not start to run until a victim has discovered or ought to have realized that their injury was caused by someone else's negligent actions. In certain states, like New York, the statute of limitations is different for claims against municipalities.

Complaint

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

The complaint is the initial document that you file in a personal injury lawsuit. It provides detailed details regarding the incident that caused your injuries, and the damages you want. The complaint also includes a "prayer of relief" which outlines what you would like the court to do. The complaint must be served on the defendant along with a summons that is a notice that they are being sued.

The defendant must respond to the complaint within a set of time limits and either admit or deny all allegations contained in the complaint. The defendant may also file a counterclaim against the plaintiff or introduce another defendant as a third-party defendant.

A successful personal injury lawsuit is based on solid evidence, such as medical records 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 attorney for the defendant or insurance companies to negotiate the most favorable settlement offer.

Preliminary Conference

In a personal-injury lawsuit your lawyer must show that negligence on the part of the defendant caused your accident. You must be able to prove that you sustained injuries as a result of your accident, and that your injuries are a valid reason for financial compensation.

It's not an easy process, but it is at the trial that you will be able to determine if you get the compensation you are entitled to. In a trial before a jury, your lawyer will argue that the defendant is accountable and has to pay for your losses. The defendant will present evidence to show that their actions are not connected to the accident. This will stop the defendant from paying for your losses.

Before you can proceed to trial you must attend a preliminary conference. This is the first time your case is subject to deadlines set by a judge. It is also the time that your lawyer will discuss the case with the defense.

Preliminary meetings are usually held by a judicial register or someone on the court's staff. If the case is handled in accordance with New York's Differentiated Case Management Rule, or if it is exempted from the Rules All parties are required to be present in person. If, however, a person is unable to attend in person they are able to take part via phone or online with the permission of the convenor. If your case will be part of the Differentiated Case Management Program, the initial meeting provides an opportunity to determine if your case falls within one of three categories namely complicated or expedited standard.

Bill of Particulars

After a complaint and summons are filed, the defendants who are named in the lawsuit have twenty or thirty days to submit an Answer (although this deadline can be extended if the court gives approval). After the Answer is filed, the case moves into what is called the discovery phase. In this phase, both parties exchange information via written discovery demands and depositions.

Following the conclusion of discovery, the plaintiff's attorney prepares what is known as a Bill of Particulars. This document outlines legal claims and the relief sought - usually the award of damages in cash. The Bill of Particulars is meant to inform the defendant of the specific legal claims being made, so that they can prepare for trial.

The court must look over a Bill of Particulars before it is allowed to be enforced. In general, a court will only abide by the Bill of Particulars if it is not vague or overbroad. A Bill of Particulars should be limited to the specific negligence that is 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 the motion to strike all any references to willful or intentional acts in a medical malpractice case.

The court will also not permit a new theory to be introduced at a point in the case that is unreasonably late. In order to avoid resultant negative consequences, an amendment made late to the Bill of Particulars should only be permitted if supported by an affidavit offering an adequate explanation for the delay in the 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, would be asked to conduct a medical examination. This type of exam is required by Washington law, can be beneficial to your case.

Typically, IMEs are conducted by medical doctors who are employed by the defendant's insurance company and aim to offer an alternative view of your injuries. Although they are often described 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 granted to a victim who has been injured.

If St. Paul injury lawsuits decide to go through an IME If you decide to undergo an IME, your Orange County personal injury lawyer will ensure that you are well-informed about what to expect. They will provide a copy of all relevant medical records to the doctor to look over. Your lawyer will also be present at the IME and will make sure that you are being examined fairly by ensuring that the doctors ' questions aren't divergent from the ones in your medical records. It is crucial to not play with the extent of your injuries with the doctors, since they are trained to recognize the deceit and may use this information against you at trial.