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What is a Personal Injury Lawsuit?

If you have been injured through the actions or inactions, you may be eligible for compensation. To learn more about your rights under the law, contact an experienced personal injury lawyer.

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

Damages

A personal injury lawsuit is a legal action that is used to force another individual or entity to compensate you for the damages that result from an accident. The injured party is known 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 the negligence or wrongdoing of others.

The damages of a victim are typically divided into two categories that are punitive and compensatory. Compensatory damages include medical bills, pain and suffering compensation, and other out-of-pocket expenses. Punitive damages are uncommon and are intended to penalize the perpetrator for their extreme behavior.

This category covers all expenses caused by the accident or injury. These might include doctor's bills or hospital costs, as well as physical therapy expenses. Some claims may also include additional costs, like travel 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. These damages are harder to quantify, and they include the emotional stress and mental stress that an accident can cause. Based on the severity of your injuries your lawyer will help you determine the value of the damages. This could be based on the ability to do things you were previously able to do or your loss of consortium with your family.

Cincinnati of Limitations

Under a legal rule called the statute of limitations, any person who suffers injury as a result of an accident must file a lawsuit within a certain time frame or the claim will be rejected by the courts. This is to safeguard evidence from being lost or forgotten, and to stop people from drag out litigation relating to incidents for an indefinite period.

The exact time frame varies from state to state however, personal injury claims typically have a two-to four-year limitation. However there are exceptions that could extend the time that a victim must make a claim, and they should seek legal advice for assistance in to determine if their case falls into one of the exceptions.

The statute of limitations is only applicable to lawsuits filed in the court. Many cases of injury are resolved through the process of filing an insurance claim and do not require formal lawsuit filing. However, it is important to allow yourself enough time to take legal action in the event that insurance negotiations don't follow the plan or an issue arises that cannot be easily addressed through the insurance system.

Some circumstances can pause the clock on the statute of limitations, but they are rare and need to be assessed on a case-by case basis. For example the statute of limitations may not start running until the victim discovers or ought to have realized that their injuries were caused by someone else's negligence, and in certain states, like New York, the statute of limitations is different for claims against municipalities.

Complaint

A personal injury lawsuit is filed by a victim against the person who caused the injury. The plaintiff claims that the defendant violated their duty of care and that the breach caused harm and losses for the plaintiff. The defendant is held responsible for these damages.

The complaint is the initial document that is filed in a personal injury case. It contains detailed allegations regarding the incident that caused your injuries as well as the damages you seek. It also contains the "prayer for relief" which outlines what you want the court to do. The complaint must be served to the defendant with a summons that is a notice that they are being sued.

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

A successful personal injury lawsuit is built on solid evidence, such as medical documents and witness testimony. We collaborate closely with our clients to ensure that all relevant information is gathered and included in the case. The evidence we collect will also assist us in negotiate with the defense attorneys or insurance companies to negotiate the most favorable settlement offer.

Preliminary Conference

In a personal injury lawsuit, your attorney must prove that the negligence of the defendant caused your accident. You must also prove that you suffered injuries as a result of your accident, and that the injuries you sustained are worthy of financial compensation.

This can be a long process however, the trial is when you'll be able to decide if you'll get the damages you deserve. In a trial before jurors the lawyer will argue for the defendant's liability and that they must compensate you for your losses. The defendant will present evidence to show that their actions were unrelated to the accident. This will stop them from paying you for your losses.

You must attend a pre-trial discussion prior to proceeding with the trial. This is the first time your case has deadlines set by a court. This is also the time when your attorney will be discussing the issue with the defense.

Preliminary meetings are usually held by a judicial registrar, or an individual from the court's staff. All parties must attend the preliminary conference in person, unless the case is handled by New York's Differentiated Case Management Rule or the Rules are exempted in other ways. However, if a party cannot attend in person, they may participate via phone or internet with the approval of the convenor. If your case is scheduled to be part of the Differentiated Case Management program, an initial conference can be a chance to determine whether your case falls into one of the three classifications which are expedited, standard or complex.

Bill of Particulars

After a complaint and summons are filed, the defendant parties named in the lawsuit have twenty or thirty days to submit an Answer (although this deadline may be extended if the court gives approval). When the Answer is filed, the case is moved to what is called the discovery phase. During this phase, both parties exchange information through written demands for discovery and depositions.

The lawyer of the plaintiff drafts a Bill of Particulars at the conclusion of the discovery. The document is a legal declaration of 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 can prepare effectively for trial.

The court must examine 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 isn't vague or overly broad. A Bill of Particulars must only include the specific acts of negligence that are being asserted and must not include new claims. For example, in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. 1994) The court ruled in favor of the motion to strike references to intentional and willful acts from a medical malpractice claim.

Similarly, the court will not allow addition of a new theory of recovery at an unreasonably late stage in the case. To avoid negative consequences, an amendment made late to a Bill of Particulars should only be allowed when supported by an affidavit stating a reasonable excuse for the delay in the amendment.

Physical Exam

It is possible to ask why a doctor, who doesn't know you or your medical history and isn't familiar with the details of your accident, should be required to conduct a medical exam. This type of exam, which is required by Washington law, can be beneficial to your case.

IMEs are usually conducted by doctors employed by the insurance company of the defendant. Their goal is to provide an alternative perspective on your injuries. Although they are often called "independent," these physicians - just like the insurance companies have their own agendas and financial stake in reducing the amount of compensation that could be granted to a victim who has been injured.


Your Orange County personal injury attorney will ensure that you are aware of what you can expect from an IME and will provide an IME doctor with a copy of the relevant medical records. Your lawyer will be present during the IME to ensure that the questions asked by the doctor are consistent with your medical records. It is not advisable to downplay or exaggerate the severity of your injuries to the doctors. They are trained to spot fraudulent behavior, and can make use of this information in a trial.

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