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What is a Personal Injury Lawsuit? You may be entitled to compensation if have suffered injuries due to the actions or inactions of someone else. To find out more about your rights under the law, contact an experienced personal injury lawyer. A personal injury lawsuit is a civil matter where the plaintiff is seeking compensation for their losses, which include medical expenses, lost wages, property damage and other expenses. The process can run from several months to several years. Damages A personal injury lawsuit is an action to force another person or entity to pay money for damages related to an accident. The injured party is known as the plaintiff, while the parties accountable are known as defendants. Personal injury cases may include the wrongful death of a person who dies because of the negligence or wrongdoing of others. Damages are usually classified into two categories: punitive and compensatory. Compensation damages can include medical bills as well as pain and loss compensation, and other out-of-pocket expenses. Punitive damages, which are rare and are designed to punish the wrongdoer if they have committed extreme acts. The first type of damages is typically called “economic damages.” This covers all out-of-pocket expenses associated with the accident or injury. These could include doctor's bills as well as hospital expenses and physical therapy expenses. Certain claims could also include additional costs, like transportation costs to and from appointments or home modifications to accommodate a permanent disability. Non-economic damages are often described as “pain and suffering” damages. These damages are more difficult to quantify, and they include the emotional stress and mental stress caused by accidents. Depending on the severity of your injuries, your lawyer will help you place a value on the 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 A legal rule known as the statute of limitations stipulates that anyone injured in an accident should file a lawsuit before a certain date or else their claim will be dismissed. This is to protect evidence from being lost or lost in the shuffle and to stop people from carrying out incident-related litigation indefinitely. The exact duration of the time limit varies from one state to another, but the majority of personal injury claims have a time limit of two to four years. However, there are exceptions that could prolong the time that a victim must submit their claim. They should seek legal advice for assistance in determining whether or not your case falls under one of these exceptions. The statute of limitations is only applicable to lawsuits filed in the court. Many injury cases are resolved through the process of claiming insurance and do not require a formal lawsuit filing. However, it is important to leave yourself plenty of time to file a lawsuit in the event that insurance negotiations fail to go as planned or an issue arises that can't be resolved through the insurance system. Certain circumstances can stop the clock on the statute of limitations however these cases are very rare and have to be considered on an individual case-by-case basis. For instance, the statute of limitations may not start running until a victim has discovered or should have reasonably discovered that their injuries were caused by another person'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 brought by the victim against the person who caused the injury. The plaintiff claims that the defendant violated a duty of care, and that the breach caused harm and loss to the plaintiff and that the defendant is accountable for the losses. The first document filed in a personal injury lawsuit is known as the complaint, and it includes specific allegations regarding the incident that led to your injuries. It also lists the damages you seek. It also contains an “prayer for relief” that describes what you want the court to do. The complaint must be served on the defendant along with a summons which is a notification that they are being sued. The defendant must respond to the complaint within a set of deadlines and either admit or deny the allegations in the complaint. The defendant can also file a counterclaim or add a third party defendant to the case by naming a third party defendant. A successful personal injury lawsuit is built on solid evidence, including medical documents and witness testimony. We collaborate closely with our clients to ensure that all relevant information is collected and included in the case. The evidence we have can also assist us to negotiate with the defense lawyers or insurance agents to obtain the best settlement offer. Preliminary Conference In a personal-injury case the lawyer for you must prove that negligence on the part of the defendant caused your accident. You must also prove that you suffered injuries due to your accident and that your injuries are a valid reason for financial compensation. It can be a lengthy process however, the trial is when you'll be able to decide if you'll get the damages you deserve. In a jury trial, your lawyer will argue that the defendant is responsible and is required to compensate you for the losses you suffered. The defendant will argue that their actions are unrelated to the accident, which will keep them from having to pay you for your losses. Before you can proceed to trial you must attend a preliminary conference. This is often the first time your case will have deadlines that are set by the Court itself. This is also the time when your lawyer will discuss the issue with the defense. Vallejo injury attorney are typically conducted by a judicial registrar, or someone on the court's staff. All parties must attend the initial conference in person, unless the case is handled by New York's Differentiated Case Management Rule or the Rules are otherwise exempted. If a party 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, a preliminary conference will also be an opportunity to identify whether your case falls under one of the three categories – expedited, standard or complex. Bill of Particulars After the complaint and summons have been filed, defendants named in the lawsuit will have between twenty and thirty days (although this deadline is able to be extended by the court). After the Answer has been filed, the case is moved into the discovery phase. In this phase, both sides exchange information in the form of written discovery demands and depositions. The lawyer of the plaintiff drafts the Bill of Particulars at the conclusion of the discovery. The document details legal claims and the relief sought – typically an award of money damages. The Bill of Particulars is intended to put the defendant on 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 speaking, the court will only comply with a Bill of Particulars that is not vague or overly broad. A Bill of Particulars should be limited to the specific acts of negligence being asserted and should not include new claims. For example in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. 1994) the court granted the motion to strike all references to intentional and willful actions from a medical malpractice claim. The court will also not allow a new theory to be introduced at an point in the action that is unreasonablely late. To avoid prejudice, any late amendment to the Bill of Particulars must be supported by an affidavit that provides a reasonable explanation for the tardiness of the amendment. Physical Exam You may question why a doctor, who doesn't know you, or your medical history, and isn't familiar with the specifics of your incident, would be required to conduct a medical exam. But, this type of examination is actually an obligation under Washington law, and it could be beneficial to your case. Typically, IMEs are conducted by doctors medical who are hired by the insurance company representing the defendant and aim to offer an alternative perspective to your injuries. While they are sometimes called “independent,” these physicians, just like insurance companies have their own agendas and financial interest in cutting down on the amount of compensation that can be awarded to an injured victim. Your Orange County personal injury attorney will ensure that you understand what you can expect from an IME and will provide an IME doctor with a copy of all pertinent medical records. Your lawyer will also be present at the IME and can ensure that you are examined fairly by ensuring that the doctors ' questions aren't divergent from the ones in your medical records. It is essential to avoid playing with the extent of your injuries with the doctors, since they are trained to recognize the deceit and may use this information against you in trial.