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What is a Personal Injury Lawsuit? If you've been injured due to another's actions or inactions, you could be able to recover compensation. Contact an experienced personal injury attorney to learn more about your rights. A personal injury lawsuit is a civil matter where the plaintiff is seeking money to cover their losses, such as medical bills, lost wages, damages to property and other expenses. The process can run from a few months to several years. Damages A personal injury lawsuit is a legal proceeding to compel 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 can include the wrongful death of a person who dies because of the negligence or wrongful actions of others. A victim's damages are typically divided into two categories which are: 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 very rare and are designed to punish the offender for committing extreme actions. The first type of damages is often known as “economic damages.” This covers any out-of-pocket costs resulting from the accident and injuries. This could include doctor's fees 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 described as “pain and suffering” damages. These are more difficult to quantify and involve the emotional distress, mental suffering and anguish that accidents can cause. Your lawyer will help you determine the value of these damages based on the severity of your injury. This could be based on the ability to carry out the things you were previously able to do or your loss of a relationship with your family. Statute of Limitations In a legal rule known as the statute of limitations, any person who is injured in an accident must file a lawsuit within a specific time period or else their claim will be rejected by the courts. This is done to stop evidence from being lost or lost, and to prevent people from dragging incident-related litigation out for a long time. The exact time limit differs from one state another, but the majority of personal injury lawsuits have a limit of two to four years. However there are exceptions that may prolong the time a victim has to file their claim and they should seek legal advice for help determining whether or not their case falls within one of these exceptions. One of the most important aspects of the statute of limitations is that it only applies to the filing of an action in a court. San Bernardino injury lawsuits of injuries cases are resolved through the process of filing an insurance claim and do not require a formal lawsuit filing. It is essential to allow yourself sufficient time to start a lawsuit in the event that insurance negotiations aren't as smooth as you had hoped, or if a problem occurs which cannot be resolved through insurance. Certain circumstances can stop the clock on the statute of limitations, however they are rare and need to be evaluated on a case by case basis. For instance, the statute of limitations might not start running until the victim discovers or should have reasonably discovered that their injuries were caused by another person's negligent actions, and in certain states, such as New York, the statute of limitations differs for claims against municipalities. Complaint A personal injury lawsuit is a civil suit initiated by a victim against the person or entity who caused the injury. It claims that the defendant violated their duty of care and this breach resulted in loss and harm to the plaintiff. The defendant is then held responsible for these damages. The complaint is the first document that is filed in a personal injury lawsuit. It provides detailed details about the incident that caused your injuries as well as the damages you want. The complaint also contains a “prayer of relief” which describes what you want the court to do. The summons and complaint should be given to the defendant. After the complaint is filed, the defendant has to file an answer to the complaint within a certain timeframe, and will either admit or deny the allegations made in the complaint. The defendant can also make a counterclaim against the plaintiff or bring in a different defendant as third-party defendant. A successful personal injury lawsuit depends on solid evidence including medical documents and testimony from witnesses. We work closely with our clients to collect the relevant information and incorporate it in the case. The evidence can also help us negotiate with the defendant's attorneys or insurance agents to obtain the best settlement possible. Preliminary Conference In a personal injury lawsuit, your attorney must prove that the negligence of the defendant caused your accident. You must also prove that you suffered injuries due to your accident and that those injuries warrant financial compensation. It can be a lengthy process, but the trial is where you will be able to determine if you'll receive the compensation you're entitled to. In the trial before jurors, your lawyer will argue for the defendant's liability and that they must be held accountable for your losses. The defendant will provide evidence that their actions are not related to the accident, which will keep them from having to compensate you for your losses. You must attend a pre-trial discussion prior to proceeding with the trial. This is the first time your case has deadlines set by a judge. This is also the time where your lawyer will discuss the case with the defense. Preliminary conferences are typically conducted by a judicial registrar or a member of the court's staff. All parties must attend the initial conference in person unless the case is handled in accordance with the New York's Differentiated Case Management Rule or the Rules are exempted in other ways. If a person is unable to attend in person, the convenor can allow them to participate by phone or via the internet. If your case is going to be a part of the Differentiated Case Management program, the preliminary conference will provide an opportunity to determine whether your case falls under one of the three categories – expedited, standard or complex. Bill of Particulars After a complaint and summons are filed, the defendant parties who are named in the lawsuit have twenty or thirty days to file an Answer (although this deadline may be extended if the court gives approval). After the Answer has been filed, the case is moved into the discovery phase. During this time the parties exchange information in the form of written discovery demands and depositions. After the discovery process is concluded The attorney for the plaintiff prepares what is known as a Bill of Particulars. The document is a legal declaration of claims and the relief sought – usually an award of money damages. The Bill of Particulars is meant to inform the defendant of the specific legal claims being made, to help them prepare for trial. Before a Bill of Particulars can be accepted, it must be scrutinized by the court. In general, the court will only abide by the Bill of Particulars if it is not vague or 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 where the court found that the plaintiff was not negligent. In 1994, the court affirmed the motion to strike all any references to willful or intentional actions in a medical malpractice case. Similarly, the court will not allow the introduction of a new doctrine of recovery at a disproportionately late point in the action. To avoid negative consequences, an amendment made late to a Bill of Particulars should only be allowed when supported by an affidavit that provides an acceptable explanation for the lateness of the amendment. Physical Examination When a defense attorney or insurance company requests that you attend an Independent Medical Examination (IME) Your first reaction might be to ask the reason why a doctor who does not know you, your medical history, and the particulars of your incident is required to conduct an examination. But, this type of examination is actually required under Washington law and can be helpful to your case. IMEs are usually conducted by doctors employed by the insurer of the defendant. They are there to provide an alternative view of your injuries. These physicians, who are sometimes called “independent” and have their own goals and financial interests in reducing the compensation that can be paid to victims. If you decide to go through an IME If you decide to undergo an IME, your Orange County personal injury lawyer will make sure that you are well-informed about what to expect and will provide copies of all relevant medical records to the doctor to examine. Your lawyer will also be present at the IME and will make sure that you are examined in a fair manner by ensuring that the questions of the doctor do not diverge from the ones in your medical records. You should not downplay or exaggerate the severity of your injuries to the doctors. They are trained to detect dishonesty, and could make use of this information in a trial.