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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 an experienced personal injury lawyer to learn more about your rights. A personal injury lawsuit is civil litigant in which the plaintiff seeks compensation for their losses. This can include medical bills, lost wages and property damage. The process can take anywhere from several months to a few years. Damages A personal injury lawsuit is an action to compel a person or entity to pay you money for damages related to an accident. The plaintiff is the injured party and the defendants are the ones responsible. Personal injury cases can also include wrongful death claims when someone dies due to the negligence or wrongdoing of others. The damages a victim suffers are usually divided into two categories that are punitive and compensatory. Compensatory damages are meant to make the victim whole and regain their financial security, which includes out-of-pocket expenses like medical bills and compensation for pain and suffering. Punitive damages are uncommon and are intended to penalize the wrongdoer for extreme conduct. This category covers all expenses that result from the injury or accident. This could include doctor's fees or hospital costs, as well as physical therapy costs. Some claims could also cover additional expenses, such as the cost of travel to and from appointments or modifications to your home to accommodate a disability that is permanent. Non-economic damage can also be referred to by the term “pain and suffer” damages. These are more difficult to quantify and include the emotional distress, mental anguish and suffering that accidents can cause. Based on the extent of your injuries, your lawyer can help you determine the value of the damages. It could be based on your capacity to enjoy activities 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 suffers an injury in an accident must file a lawsuit within a specific time period or their claim will be dismissed by the courts. This is to protect evidence from being lost or forgotten, and to prevent people from dragging out litigation related to an incident for a long time. The exact time limit varies from one state to another, but the majority of personal injury claims have a limit of two to four years. However, there are exceptions that could prolong the time a victim has to submit their claim. They should seek legal advice when to determine if their case falls into one of the exceptions. A key aspect of the statute of limitations is that it only applies to the filing of an action in a court. Insurance claims are typically used to settle injury cases and do not require formal lawsuits. It is nevertheless essential to allow yourself sufficient time to file a lawsuit in the event that insurance negotiations do not go as planned or if a problem arises which cannot be resolved through insurance. A few circumstances can pause the statute of limitations clock however, these situations are rare and generally need to be considered on an individual basis. For instance, the statute of limitations might not begin to run until the victim discovers or should have reasonably discovered that their injuries were caused by another person's negligent actions. In some states, such as New York, the statute of limitations is different 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. The plaintiff claims that the defendant violated their duty of care and that this breach resulted in damage and losses for the plaintiff. The defendant is held accountable for the losses. The first document filed in a personal injury lawsuit is referred to as the complaint. Fullerton injury lawyers contains specific details about the incident that led to your injuries. It also outlines the damages you seek. The complaint also includes a “prayer of relief” that outlines what you want the court to do. The complaint must be served to the defendant with a summons which is a notification that they are being sued. The defendant must respond to the complaint within specific deadlines and either admit or deny all the allegations contained in the complaint. The defendant can also bring a counterclaim against plaintiff or bring in a different defendant as a third-party defendant. A successful personal injury lawsuit depends on solid evidence including medical documents and testimony from witnesses. We work closely together with our clients to gather the relevant information and incorporate it in the case. The evidence will also help us negotiate with the attorney for the defendant or insurance companies to negotiate the most favorable settlement offer. Preliminary Conference In a personal-injury lawsuit your lawyer must show that negligence on the part of the defendant led to 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's not an easy procedure, but it's at the trial that you'll find out if you receive the damages you deserve. In the case of a trial before the jury the lawyer will argue for the defendant's liability and that they must be held accountable for your losses. The defendant will present evidence to prove that their actions are not connected to the accident. This will prevent them from paying you for your losses. Before proceeding 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. It is also the time that your attorney will discuss the case with the defense. A judicial registrar, also known as a member from the court staff, typically conducts preliminary conferences. Unless the case is being handled under the New York's Differentiated Case Management Rule, or is otherwise exempt from the Rules the parties are required to be present in person. If a party is not able to attend in person, the convenor can permit them to attend via phone or online. If your case will be part of the Differentiated Case Management Program, an initial meeting also provides an opportunity to determine whether your case falls under one of three categories namely expedited standard or complex. Bill of Particulars When a summons and complaint are filed, the defendant parties identified in the lawsuit are given twenty or thirty days to respond (although this deadline can be extended with the court's permission). Once the Answer is filed, the case enters what is known as the discovery phase. During this time, both sides exchange information in the form of written demand for discovery and depositions. At the conclusion of discovery the attorney representing the plaintiff drafts what is known as a Bill of Particulars. This document outlines legal claims 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 has to be reviewed by the court. In general, the court will only be able to abide by the Bill of Particulars if it is not vague or broad. A Bill of Particulars must only include the specific acts of negligence that are being claimed and must not include new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ) for instance was a case in which the court found that the plaintiff was not negligent. 1994) the court granted the motion to strike all references to intentional and willful acts from a medical negligence claim. In the same way, the court will not allow the introduction of a new doctrine of recovery at a disproportionately late point in the action. To avoid adverse consequences, a late amendment to the Bill of Particulars should only be permitted if supported by an affidavit that provides a reasonable excuse for the delay in the amendment. Physical Examination It is possible to ask the reason why a doctor, who doesn't know you or your medical history and isn't familiar with the specifics of your accident, would be required to conduct a medical examination. 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 offer a different perspective on your injuries. These doctors, sometimes called “independent”, have their own agendas and financial stakes in reducing the compensation that can be paid to victims. If you decide to go through an IME the Orange County personal injury lawyer will make sure that you are well-informed about what to expect. They will provide the complete set of medical records for the doctor to review. 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 important to not play with the severity of your injuries to the doctors, since they are trained to spot fraud and could make use of this information against you at trial.