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What is a Personal Injury Lawsuit? If you've been injured by another person's actions or inactions, you could be entitled to compensation. Contact a knowledgeable personal injury attorney to learn more about your rights. A personal injury lawsuit is a civil dispute in which the plaintiff seeks compensation for their losses. This includes medical bills as well as lost wages and property damage. The process can run between a few months and several years. Damages A personal injury lawsuit is a legal action which is filed to compel another person, or entity, to pay you compensation for damages caused by an accident. The injured party is known as the plaintiff while the parties accountable are known as defendants. Personal injury cases can also include cases of wrongful death when someone dies due to negligence or wrongdoing of others. The damages a victim suffers are usually broken down into two groups which are: punitive and compensatory. Compensatory damages are meant to make the victim whole for good, including out-of-pocket costs such as medical expenses as well as compensation for pain and suffering. Punitive damages are uncommon and are intended to penalize the offender for extreme behavior. The first category of damages is typically referred to as “economic damages.” This includes any out-of-pocket costs resulting from the accident and injuries. These may include hospital expenses medical expenses, doctor's charges and physical therapy costs. In some instances additional expenses, such as the cost of travelling to and from appointments or modifications made to your home due to permanent disabilities may be included in a claim. Non-economic damages can also be called “pain and suffer” damages. These damages are difficult to quantify, and include the emotional distress and mental anguish that an accident can cause. Your lawyer will help you evaluate these damages based upon the severity of your injury. This could be based on your ability to continue enjoying the activities you used to do or your loss of connection with family members. Statute of limitations A legal rule known as the statute of limitations obliges anyone injured in an accident must file an action before a specific date or else the claim will be dismissed. This is to prevent evidence from being lost or lost in the shuffle and to prevent people from dragging out litigation related to an incident for a long time. The exact length of time for filing a claim is different from state to state, however, personal injury claims typically have a two-to four-year time limit. However there are exceptions that could extend the amount of time a victim has to file their claim and they should seek legal advice for assistance in determining whether or not their case falls into one of the exceptions. The statute of limitations applies only to lawsuits filed in the court. Insurance claims are often used to resolve injuries and do not require formal lawsuits. However, it is important to allow yourself plenty of time to file a lawsuit just in case insurance negotiations do not go as planned or there is a problem that cannot be resolved through the insurance system. Certain circumstances may stop the clock of the statute of limitations, but these instances are extremely rare and need to be considered on an individual case-by-case basis. The statute of limitations may not start until the person is aware or should have known that the injury was caused by another's negligence. In some states, like New York, it is different for claims made against municipalities. Complaint A personal injury lawsuit is a civil case filed by an injured party against the person or entity that caused the injury. The plaintiff claims that the defendant violated a duty of care, that this breach caused harm and loss to the plaintiff, and that the defendant should be held accountable for the losses. The complaint is the first document that you file in a personal injury case. It provides detailed details regarding the incident that led to your injuries as well as the damages you want. It also includes an “prayer for relief” that describes what you want the court to do. The summons and complaint should be handed over to the defendant. After the complaint is filed, the defendant must respond to the complaint within a certain time frame, and will either admit or deny the allegations made in the complaint. The defendant can also file a counterclaim against the plaintiff or bring in another defendant as third-party defendant. A successful personal injury lawsuit is based on solid evidence, including medical records and witness testimony. We work closely with our clients to collect all relevant information and include it in the case. The evidence will also help us negotiate with the attorney for the defendant or insurance agents to obtain the most favorable settlement offer. Preliminary Conference In a personal injury case the attorney for you must prove that the negligence of the defendant led to your accident. You must also prove that you suffered injuries from your accident, and that the injuries you sustained are worthy of financial compensation. It can be a lengthy process however, the trial is when you will be able to determine if you'll get the damages you're entitled to. In Merced injury lawyer before a jury, your lawyer will argue that the defendant is liable and is required to compensate you for the losses you suffered. The defendant will present evidence to prove that their actions were unrelated to the accident. This will prevent them from settling your losses. Before you can proceed to trial you must attend a preliminaries conference. This is the first time that your case will be subject to deadlines imposed by a judge. This is also the time when your attorney will discuss the case with the defense. A judicial registrar, or an individual of the court's staff, typically holds preliminary conferences. 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 exempted in other ways. If, however, a person cannot attend in person, they can participate via telephone or on the internet with the approval of the convenor. If your case is part of the Differentiated Case Management Program, a preliminary meeting is also an opportunity to determine if your case falls under one of three categories namely expedited standard or complex. Bill of Particulars After the summons and complaint have been filed, defendants named in the lawsuit will be given between twenty and thirty days (although this timeframe may be extended by the court). After the Answer has been filed, the matter moves into what is called the discovery phase. In this period both sides exchange information in the form of written discovery demands and depositions. Following the conclusion of discovery the attorney representing the plaintiff drafts what is called a Bill of Particulars. This document outlines the legal claims that are being made and the relief sought – usually the award of damages in cash. The Bill of Particulars is intended to put the defendant on notice of the specific legal claims being made, so that they is able to effectively prepare for trial. Before a Bill of Particulars can be followed, it must be reviewed by the court. In general, a court will only accept a Bill of Particulars if it isn't vague or overly broad. A Bill of Particulars should be limited to the specific acts of negligence being claimed and should not add new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ) for instance was a case in which the court ruled that the plaintiff had not been negligent. In 1994, the court upheld a motion to strike the reference to willful or deliberate acts in a medical negligence case. The court will not permit the introduction of a new theory of recovery at a disproportionately late stage in the case. To avoid adverse consequences, a late amendment to a Bill of Particulars should only be allowed if accompanied by an affidavit offering an acceptable explanation for the lateness of the amendment. Physical Exam It is possible to ask why a doctor who isn't familiar with you or your medical history and is unfamiliar with the specifics of your accident, should be asked to conduct a medical examination. This type of exam is required under Washington law, can be beneficial to your case. Typically, IMEs are conducted by medical doctors who are employed by the insurance company representing the defendant and their goal is to offer a different perspective to your injuries. While they are sometimes called “independent,” these physicians as well as insurance companies have their own agendas and financial interest in decreasing the amount of compensation that may be awarded to an injured victim. If you decide to undergo an IME, your Orange County personal injury lawyer will ensure that you are fully informed about what to expect. They will provide copies of all relevant medical records for the doctor to examine. Your lawyer will also be present at the IME and can ensure that you are examined with respect and courtesy by ensuring that doctors questions do not deviate from the ones you have in your medical records. It is not advisable to downplay or exaggerate the severity of your injury to the doctors. They are trained to detect fraudulent behavior, and can make use of this information in a trial.