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What is a Personal Injury Lawsuit?

You may be entitled to compensation if you have been injured due to the actions or inactions of another person. Contact a seasoned personal injury lawyer to learn more about your rights.

A personal injury lawsuit is a civil litigation in which the plaintiff seeks compensation for their loss. This includes medical bills, lost wages and property damage. The process can last between a few months and several years.

Damages

A personal injury lawsuit is a legal process that is taken to compel another person, or entity to compensate you for the damages that result from an accident. The plaintiff is the victim and the defendants are the parties responsible. Personal injury cases can also include wrongful death claims when someone dies due to negligence or wrongful actions of others.

The damages a victim suffers are usually divided into two categories which are: punitive and compensatory. Compensatory damages are intended to make the victim whole again, including out-of-pocket expenses such as medical bills and compensation for suffering and pain. Punitive damages, which are not common and are intended to punish the offender if they have committed extreme acts.

The first category of damages is typically called "economic damages." This is the term used to describe the cost of out-of-pocket expenses incurred due to the accident or injury. These could include hospital bills as well as doctor's fees and therapy costs. Some claims may also include additional expenses, such as the cost of travel to and from appointments or the need to modify your home to accommodate a permanent disability.

Non-economic damages are also referred to by the term "pain and suffer" damages. Bryan injury lawyer are more difficult to quantify, and include the emotional distress and mental stress that an accident can cause. Depending on the severity of your injuries your lawyer will assist you to place a value on these damages. It could be based on the ability to participate in activities that you were previously able to enjoy or your loss of consortium with family members.

Statute of Limitations

Under a legal rule called the statute of limitations, anyone who is injured in an accident must file a lawsuit within a certain time frame or the claim will be dismissed by the courts. This is done to stop evidence from being lost or lost and to stop those who delay bringing litigation related to an incident out for a long time.

The time frame for filing a claim differs from one state another, but the majority of personal injury lawsuits have a time limit of between two and four years. There are certain exceptions to the period for filing an injury claim. If you need assistance in determining whether your case is one of these exceptions, it is best to seek legal advice.

The statute of limitations is only applicable to lawsuits that are filed in court. Insurance claims are typically used to resolve injury cases and do not require formal lawsuits. It is nevertheless essential to allow yourself sufficient time to start a lawsuit in the event that negotiations with insurance aren't as smooth as you had hoped, or if a problem arises that is not resolved by insurance.

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. For instance, the statute of limitations might not begin to run until a victim discovered or should have reasonably discovered that their injuries were caused by someone else's negligence, and in certain states, such as 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 claims that the defendant violated their duty of care and this breach resulted in damage and losses for the plaintiff. The defendant is held accountable for the losses.

The complaint is the initial document filed in a personal injury case. It provides detailed details regarding the incident that led to your injuries, as well as the damages you seek. The complaint also contains the "prayer of relief" which outlines what you would like the court to do. The summons and complaint should be given to the defendant.

After the complaint is filed, the defendant has to file an answer to the complaint within a certain time period, and they may either deny or admit the allegations made in the complaint. The defendant can also file a counterclaim, or add a third party defendant to the case by naming third party defendant.

A successful personal injury lawsuit is based on solid evidence, which includes medical records and witness testimony. We work closely together with our clients to gather the relevant information and incorporate it in the case. The evidence can also help us negotiate with the attorney for the defendant or insurance representatives to get the best settlement offer possible.

Preliminary Conference

In a personal injury lawsuit the attorney for you must prove that the negligence of the defendant caused your accident. You must also prove you suffered injuries in your accident and that the injuries are worthy of the amount of financial compensation.

This could be a long process however, the trial is when you'll be able to decide if you'll be awarded the damages you deserve. In a trial before jurors your lawyer will argue for the defendant's responsibility and the need to be held accountable for your losses. The defendant will provide evidence that their actions are not related to the accident, which will prevent them from having to reimburse you for your losses.

Before you can proceed to trial you must attend a preliminaries conference. This is often the first time that your case will have deadlines established by the Court itself. This is also when your attorney will be discussing the case with the defense.

Preliminary conferences are typically conducted by a judicial register or someone on the court's staff. All participants must attend the preliminary conference in person, unless the case is handled under the New York's Differentiated Case Management Rule or the Rules are otherwise exempted. If a party is unable to attend in person, the convenor may permit them to participate via phone or via the internet. If your case will be part of the Differentiated Case Management Program, the initial meeting provides an opportunity to determine if your case falls into one of three categories: complicated or expedited standard.

Bill of Particulars

After the summons and complaint have been filed, the defendants named in the lawsuit will be given twenty to thirty days (although this timeframe may be extended by the court). After the Answer is filed, the case moves into the discovery phase. In this phase both parties exchange information via written demands for discovery and depositions.

After the discovery process is concluded, the plaintiff's attorney prepares what is called a Bill of Particulars. The document is a legal declaration of claims and the relief sought - 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 followed, it must be scrutinized by the court. In general, the court will only accept the Bill of Particulars if it isn't 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. Jolly, 203 A.D.2d 527 (2nd Dept. In 1994, the court affirmed the motion to strike out references to intentional or willful acts in a medical malpractice case.

Similarly, the court will not allow introduction of a new theory of recovery at a disproportionately late stage in the case. To avoid adverse consequences, a late amendment 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 Examination

If a defense attorney or insurance company requests that you take part in an Independent Medical Examination (IME), your natural first instinct may be to question why a doctor who does not know you or your medical history and the details of your injury is requested to conduct an exam. This type of exam is required by Washington law, could be beneficial to your case.

IMEs are typically conducted by doctors employed by the defendant’s insurance company. Their aim is to provide an alternative perspective on your injuries. Although they are sometimes referred to as "independent," these physicians - just like the insurance companies - have their own agenda and financial interest in cutting down on the amount of compensation that could be given to a victim of injury.

If you decide to undergo an IME, your Orange County personal injury lawyer will ensure that you are aware of what to expect and provide copies of all relevant medical records for the doctor to review. Your lawyer will also be present at the IME and will make sure that you are being examined fairly by ensuring that the questions of the doctor do not diverge from the ones in your medical records. It is crucial to avoid playing around with the severity of your injuries to these doctors, as they are trained to spot the deceit and may use this information against you in trial.

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