What is a Personal Injury Lawsuit?
You may be entitled to compensation if you have been injured due to the actions or inactions of a third party. Contact an experienced personal injury lawyer to learn more about your rights.
A personal injury lawsuit is a civil action in which the plaintiff seeks compensation for their losses, which include medical expenses, lost wages, property damage and other expenses. The process can run from a few months to several years.
Damages
A personal injury lawsuit is a legal action that is used to force another individual or entity, to pay you compensation for damages caused by an accident. The plaintiff is the one who was injured and the defendants are the ones accountable. When someone dies as a result of the negligence or wrongdoing by others, wrongful death cases are often included in personal injury claims.
The damages a victim suffers are usually divided into two categories that are punitive and compensatory. Compensation damages are designed to make the victim whole again, including out-of-pocket expenses such as medical bills as well as compensation for pain and suffering. Punitive damages, which are not common, are meant to punish the offender if they have committed extreme acts.
The first type of damages is often called "economic damages." This covers the cost of out-of-pocket expenses incurred due to the accident and injuries. These may include hospital expenses, doctor's fees and physical therapy costs. Some claims may also include additional expenses, such as travel costs to and from appointments or the need to modify your home to accommodate a disability that is permanent.
Non-economic damages are commonly referred to as "pain and suffering" damages. These are more difficult to quantify and include the mental and emotional stress, anguish and suffering that accidents can cause. Your lawyer can help you evaluate these damages based upon the extent of your injury. This might be based on the ability to participate in activities that you used to do or your loss of consortium with family members.
Statute of Limitations
In a legal rule known as the statute of limitations, any person who suffers injury as a result of an accident must file a lawsuit within a specified time or their claim will be rejected by the courts. This is to stop evidence from being forgotten or lost, and also to stop people from dragging incident-related litigation out for a long time.
The exact time frame is different from state to state however personal injury claims generally have a two- to four-year time limit. However there are exceptions that may prolong the time a victim has to make a claim, and they should seek legal advice when to determine if their case falls into one of these exceptions.
One of the most important aspects of the statute of limitations is that it only applies to the filing of a lawsuit in court. Many cases of injury are resolved through the process of claiming insurance and do not require formal lawsuit filing. It is important to allow yourself enough time to start a lawsuit in the event that negotiations with insurance don't go as planned, or if there is a problem that is not resolved by insurance.
Certain circumstances can stop the statute of limitations clock, but these instances are extremely rare and need to be evaluated on an individual case-by-case basis. The statute of limitation may not be established until the victim is aware or should have known that the injury resulted from someone else's negligence. In some states, such as New York, it is different for claims against municipalities.
Complaint
A personal injury lawsuit is a civil suit brought by an injured person against the person or entity that caused the injury. The plaintiff claims that the defendant violated the duty of care, and that the breach caused harm and loss to the plaintiff and that the defendant should be held liable for those damages.
The complaint is the initial document filed in a personal injury case. It provides detailed details regarding the incident that led to your injuries, and the damages you are seeking. It also includes a "prayer for relief" that describes what you would like the court to do. Allentown injury attorney and complaint must be handed over to the defendant.
After the complaint is filed, the defendant has to respond to the complaint within a specific time frame, and will either admit or deny the allegations made in the complaint. The defendant may also file a counterclaim or add a third party defendant to the case as third party defendant.
A successful personal injury lawsuit relies on solid evidence including medical records and testimony from witnesses. We work closely with our clients to collect all relevant information and then include it in the case. The evidence will also assist us negotiate with the attorney of the defendant or insurance agents to obtain the best settlement possible.
Preliminary Conference
In a personal injury case, your lawyer must prove that negligence on the part of the defendant led to your accident. You must be able to prove that you sustained injuries as a result of your accident, and that those injuries warrant financial compensation.
It's not an easy procedure, but it's at the trial that you will finally know if you will be awarded the compensation you are entitled to. In a jury trial your lawyer will argue that the defendant is responsible 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 prevent them from settling your losses.
You must attend a pre-trial conference before proceeding with the trial. This is often the first time your case will have deadlines that are set by the Court itself. This is also when your attorney will be discussing the case with the defense.
A judicial registrar, or a member of the court's staff, typically holds preliminary conferences. All parties must attend the preliminary conference in person unless the case is handled in accordance with the New York's Differentiated Case Management Rule or the Rules are exempted in other ways. If a party is unable to attend in person, the convenor is able to permit them to attend via telephone or online. If your case is part of the Differentiated Case Management Program, an initial meeting also provides an opportunity to determine whether your case falls within one of three categories: advanced standard or complex.
Bill of Particulars
After the complaint and summons have been filed, the defendants named in the lawsuit will have between twenty and thirty days (although this time frame can be extended by the court). When the Answer is filed, the case enters what is called the discovery phase. During this stage both parties exchange information through written demands for discovery and depositions.
After the discovery process is concluded The attorney for the plaintiff prepares what is called a Bill of Particulars. This document outlines legal claims and the relief sought - typically 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 he or she is able to effectively prepare for trial.
Before a Bill of Particulars can be accepted, it must be reviewed by the court. Generally, the court will only accept a Bill of Particulars that is not vague or broad. A Bill of Particulars must only include the specific acts of neglect that are being alleged and must not include new claims. For example in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. 1994) the court granted a motion to strike all references to willful and intentional acts from a medical malpractice claim.
In the same way, the court will not allow addition of a new theory of recovery at a disproportionately late stage in the litigation. In order to avoid resultant negative consequences, an amendment made late to a Bill of Particulars should only be allowed when supported by an affidavit offering an acceptable explanation for the lateness of the amendment.

Physical Examination
When a defense attorney or insurance company requests that you take part in an Independent Medical Examination (IME), your natural first instinct might be to ask the reason a doctor who may not know you and your medical history and the specifics of your injury is asked to conduct an exam. However, this type of examination is actually an obligation under Washington law, and it can be helpful to your case.
IMEs are typically performed by doctors who are employed by the insurance company of the defendant. Their goal is to offer a different perspective on your injuries. These physicians, who are sometimes referred to as "independent" and have their own agendas and financial stakes in reducing the compensation that is given to victims of injuries.
If you choose to undergo an IME If you decide to undergo an IME, your Orange County personal injury lawyer will make sure that you are fully informed about what to expect. They will provide a copy of all relevant medical records to the doctor to examine. Your lawyer will also be present at the IME and will ensure that you are being examined fairly by ensuring that the questions of the doctor do not diverge from the ones you have in your medical records. It is crucial to avoid playing up or down the extent of your injuries with the doctors, since they are trained to recognize dishonesty and may use this information against you in trial.