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What is a Personal Injury Lawsuit? Scranton injury lawsuits may be entitled to compensation if were injured as a result of the actions or inactions of someone else. Contact a knowledgeable personal injury lawyer to find out more about your rights. A personal injury lawsuit is a civil matter where the plaintiff is seeking money to cover their losses, which include medical bills, lost wages, property damage, and other costs. The process can run between a few months and several years. Damages A personal injury lawsuit is a process to force another person or entity to pay you 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. Personal injury cases may include wrongful death claims when someone dies because of the negligence or wrongdoing of others. Damages are usually divided into two categories: punitive and compensatory. Compensatory damages are meant to help the victim get back on track again, including out-of-pocket expenses such as medical bills and compensation for suffering and pain. Punitive damages are uncommon and are designed to punish the wrongdoer for extreme conduct. The first type of damages is typically called “economic damages.” This includes any out-of-pocket costs resulting from the accident or injury. These might include doctor's bills, hospital costs and physical therapy expenses. In certain cases other expenses such as the cost of traveling to and from appointments, or changes to your home for permanent disabilities could be included in the claim. Non-economic damages can also be called “pain and suffer” damages. These damages are more difficult to quantify, and they include the emotional stress and mental anguish that accidents can cause. Based on the extent of your injuries, your lawyer will assist you to determine the value of these damages. This could be based on the ability to do activities you used to or your loss of a relationship with your family. Statute of limitations In a legal rule known as the statute of limitations, anyone who suffers injury as a result of an accident must make a claim within a specific time period or the claim will be rejected by the courts. This is done to stop evidence from being lost or lost, and also to stop those who delay bringing litigation related to an incident out for an indefinite period. The exact duration of the time limit differs from one state another, but most personal injury lawsuits have a time frame of between two and four years. There are some exceptions to the time to file claims. If you require assistance determining if your case falls under one of these exceptions, then it is best to seek legal advice. One of the most important aspects of the statute of limitations is that it is only applicable to the filing of a lawsuit in a court. Many injury cases are resolved through the process of filing an insurance claim and do not require a formal lawsuit filing. It is nevertheless important to allow yourself enough time to bring a lawsuit in the event that negotiations with insurance aren't as smooth as you had hoped, or if there is a problem that is not resolved by insurance. Certain circumstances may stop the clock on the statute of limitations, however they are rare and need to be assessed on a case-by-case basis. For example, the statute of limitations might not begin to run until the victim discovers or reasonably should have discovered that their injuries were caused by another person's negligent actions. In certain states, such as New York, the statute of limitations 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 who caused the injury. It asserts that the defendant breached their duty of care and that this breach resulted in damage and losses for the plaintiff. The defendant is then held accountable for the losses. The first document filed with a personal injury lawsuit is called the complaint. It includes specific allegations regarding the incident that led to your injuries. It also lists the damages you're seeking. The complaint also contains a “prayer for relief” which outlines what you would like 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 certain time limits and either admit or deny the allegations in the complaint. The defendant can also file a counterclaim against the plaintiff or bring in a different defendant as a third-party defendant. A successful personal injury lawsuit is based on solid evidence including medical records and testimony from witnesses. We work closely with our clients to ensure that all relevant information is gathered and included in the case. The evidence we have will also help us to negotiate with defense attorneys or insurance companies to negotiate the most favorable settlement offer. Preliminary Conference In a personal injury case 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 from your accident, and that your injuries are a valid reason for financial compensation. It can be a lengthy process however, the trial is where you will be able to determine if you'll be awarded the damages you're entitled to. In a jury trial your lawyer will argue that the defendant is accountable and is required to compensate you for the losses you suffered. The defendant will provide evidence to prove that their actions were unrelated to the accident. This will stop them from paying you for your losses. Before you can proceed to trial, you must attend a preliminary conference. This is usually the first time your case will be subject to deadlines set by the Court itself. This is also the time when your attorney will discuss the case with the defense. A judicial registrar, also known as an official from the court staff, usually conducts preliminary conferences. If the case is handled under New York's Differentiated Case Management Rule, or otherwise exempted from the Rules All parties are required to be present in person. If a person is unable to attend in person, the convenor may permit them to attend via phone or via the internet. If your case is to be part of the Differentiated Case Management program, a preliminary conference will also be an opportunity to identify whether your case falls under one of the three classifications which are expedited, standard or complex. Bill of Particulars After a complaint and summons are filed, the defendant parties identified in the lawsuit are given either twenty or thirty days in which to respond (although this time frame can be extended if the court gives approval). Once the Answer is filed, the case moves into the discovery phase. In this period the parties exchange information in the form of written discovery demands and depositions. The lawyer for the plaintiff prepares a Bill of Particulars at the conclusion of the discovery. This document outlines legal claims and the relief sought – usually an award of money damages. The Bill of Particulars is intended to inform the defendant notice of the specific legal claims being filed so that he or she can effectively prepare for trial. Before a Bill of Particulars can be followed, it has to be scrutinized by the court. Generally speaking, the court will only abide by a Bill of Particulars that is not vague or overly broad. A Bill of Particulars must only include the specific acts of neglect that are being alleged and not include any new claims. For instance, in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. 1994), the court sustained the motion to strike references to willful and intentional actions from a medical malpractice claim. The court will also not permit a new theory to be introduced at a point in the case that is unreasonably late. To avoid prejudice, a belated amendment to the Bill of Particulars should only be allowed if accompanied by an affidavit stating an adequate explanation for the delay in the amendment. Physical Examination You may question why a doctor who doesn't know you or your medical history and is unfamiliar with the specifics of your incident, would be asked to conduct a medical exam. This type of exam is required under Washington law, can be beneficial to your case. IMEs are usually conducted by doctors employed by the defendant’s insurance company. They are there to offer a different view of your injuries. These physicians, who are sometimes called “independent” are able to have their own agendas and financial interests in reducing the compensation that can be awarded to injured victims. If you decide to undergo an IME the Orange County personal injury lawyer will make sure that you are fully informed about what to expect and will provide the complete set of medical records to the doctor to examine. Your lawyer will be present during the IME to make sure that the questions asked by the doctor are consistent with your medical records. It is crucial to not play with the extent of your injuries with these doctors, as they are trained to spot the deceit and may make use of this information against you at trial.