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What is a Personal Injury Lawsuit? If you've been injured due to another's actions or inactions, you may be eligible for compensation. Contact a seasoned personal injury lawyer to find out more about your rights. A personal injury lawsuit is civil dispute in which the plaintiff seeks compensation for their losses. This can include medical bills as well as lost wages and property damage. The process can take several months to several years. Damages A personal injury lawsuit is a process to compel a person or entity to pay compensation for the damages resulting from an accident. The plaintiff is the injured party, and the defendants are the parties responsible. If someone dies as the result of carelessness or infractions committed by others the wrongful death case may be part of personal injury claims. The damages a victim suffers are usually divided into two categories: compensatory and punitive. Compensation damages are based on medical bills as well as pain and suffering compensation, and other out-of-pocket expenses. Punitive damages are uncommon and are intended to penalize the offender for extreme behavior. This category covers all costs caused by the injury or accident. These could include doctor's bills or hospital costs, as well as physical therapy expenses. Some claims may also include additional costs, like the cost of travel to and from appointments, or home modifications to accommodate a permanent disability. Non-economic damages are commonly called “pain and suffering” damages. They are more difficult to quantify and include the mental and emotional stress, suffering and anguish that accidents can cause. Based on the severity of your injuries your lawyer will help you estimate the value of the damages. This may be based on your ability to do things you did before or your loss of a relationship with family. Statute of Limitations In a legal rule known as the statute of limitations, anyone who suffers an injury in an accident must file a lawsuit within a specific time period or the claim will be dismissed by the courts. This is to protect evidence from being lost or forgotten, and to stop people from carrying out incident-related litigation indefinitely. The time frame for filing a claim is different from one state to another, but most personal injury lawsuits have a time frame of between two and four years. However there are exceptions that could prolong the time required for a victim to make a claim, and they should seek legal advice for assistance in to determine if their case falls into one of these exceptions. A key aspect of the statute of limitations is that it is only applicable to the filing of a lawsuit in court. Many injury cases are resolved through the process of claiming insurance and do not require a formal lawsuit filing. It is important to give yourself enough time to file a lawsuit in the event that insurance negotiations aren't as smooth as you had hoped, or if a problem arises which cannot be resolved through insurance. Certain circumstances may stop the clock on the statute of limitations, but these instances are extremely rare and need to be evaluated on an individual case-by-case basis. For instance, the statute of limitations might not start running until a victim has discovered or reasonably should have discovered 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 a civil action initiated by a victim against the person or entity that caused the injury. It alleges that the defendant breached 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 primary document that is filed in a personal injury case. It provides detailed details regarding the incident that caused your injuries and the damages you seek. The complaint also includes the “prayer of relief” which describes what you want the court to do. The complaint and summons must be given to the defendant. After San Bernardino injury lawyer is filed, the defendant has to file an answer to the complaint within a certain time frame, and may either deny or admit the allegations made in the complaint. The defendant may also file a counterclaim against the plaintiff or bring in another defendant as a third-party defendant. A successful personal injury lawsuit relies on solid evidence such as medical records and testimony from witnesses. We collaborate closely with our clients to ensure that all relevant information is gathered and included in the case. The evidence will also help us negotiate with the attorney of the defendant or insurance companies to negotiate the best settlement offer possible. Preliminary Conference In a personal injury case your lawyer must demonstrate that the defendant's negligence caused your accident. You must also prove that you suffered injuries due to your accident and that those injuries warrant financial compensation. This can be a long process however, the trial is when you'll be able to decide if you'll be awarded the damages you're entitled to. In the trial before the jury your lawyer will argue that the defendant is at liability and that they must pay for your losses. The defendant will present evidence that their actions are unrelated to the accident, which will prevent them from having to reimburse you for your losses. Before proceeding to trial, you must attend a preliminaries conference. This is often the first time your case will be subject to deadlines set by the Court itself. This is also when your attorney will discuss the matter with the defense. A judicial registrar, or an individual from the court staff, typically holds preliminary conferences. Unless the case is being handled by the New York's Differentiated Case Management Rule, or if it is exempted from the Rules, all participants are required to attend in person. If a person is unable to attend in person, the convenor is able to permit them to participate via phone or via the internet. If your case is scheduled to be a part of the Differentiated Case Management program, the preliminary conference will be a chance to determine whether your case falls within one of the three classifications which are expedited, standard or complex. Bill of Particulars After the complaint and summons have been filed, defendants named in the lawsuit will have twenty to thirty days (although this timeframe is able to be extended by the court). Once the Answer is filed, the case moves into what is called the discovery phase. In this phase the parties exchange information through written discovery demands and depositions. At the conclusion of discovery the attorney representing the plaintiff drafts what is known as a Bill of Particulars. The document details 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 they can effectively prepare for trial. Before a Bill of Particulars can be followed, it must be reviewed by the court. Generally, the court will only accept a Bill of Particulars that is not vague or overly broad. A Bill of Particulars should be limited to the specific negligence that is being claimed and should not contain new claims. For example, in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. In 1994, the court affirmed the motion to strike out references to intentional or willful acts in a medical negligence case. In the same way, the court will not permit the introduction of a new doctrine of recovery at an unreasonable late stage in the litigation. In order to avoid resultant negative consequences, an amendment made late to the Bill of Particulars should only be permitted if supported by an affidavit offering a reasonable excuse for the lateness of the amendment. Physical Exam You might be wondering why a doctor who doesn't know you, or your medical history, and isn't familiar with the details of your incident, would be required 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 doctors medical who are hired by the defendant's insurance company and their goal is to offer a different view of your injuries. While they are sometimes referred to as “independent,” these physicians, just like insurance companies have their own agendas and financial motives 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 make sure that you are aware of what to expect and will provide copies of all relevant medical records to the doctor to examine. Your lawyer will be present during the IME to ensure that the questions posed by the doctor are consistent with your medical records. You should not downplay or exaggerate the severity of your injuries to the doctors. They are trained to detect fraudulent behavior, and can utilize this information in court.