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What is a Personal Injury Lawsuit? You could be eligible for compensation if you were injured as a result of the actions or inactions of someone else. To learn more about your legal rights, contact an experienced personal injury lawyer. A personal injury lawsuit is a civil action in which the plaintiff seeks compensation for their losses, such as medical bills, lost wages property damage and other expenses. The process can take several months to a few years. Damages A personal injury lawsuit is an action to force another person or entity to pay compensation for the damage caused by an accident. The injured party is known as the plaintiff while the responsible parties are called defendants. Personal injury cases can also include wrongful death claims when someone dies because of the negligence or wrongdoing of others. Damages are usually classified into two categories: punitive and compensatory. Compensation damages are designed to help the victim get back on track again, including out-of-pocket expenses such as medical expenses as well as compensation for suffering and pain. Punitive damages are uncommon and are designed to punish the offender for extreme behavior. This category covers all costs caused by the accident or injury. These may include hospital expenses medical expenses, doctor's charges and physical therapy costs. In some cases, additional expenses like the cost of travelling to and from appointments or modifications to your home for permanent disabilities could be included in the claim. Non-economic damages can also be described as “pain and suffer” damages. These are more difficult to quantify and include the mental and emotional stress, anguish and suffering caused by accidents. 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 activities you used to or your loss in consortium with family. Statute of limitations A legal rule known as the statute of limitations requires that anyone who is injured in an accident file an action before a specific date or their claim will be dismissed. This is to safeguard evidence from being lost or forgotten and to prevent people from dragging out incident-related litigation indefinitely. The exact duration of the time limit is different from one state to another, but most 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 help determining whether or not your case falls under one of these exceptions. One of the most important aspects of the statute of limitations is that it applies only to the filing of an action in a court. Many cases of injury are resolved through the process of filing an insurance claim and do not require a formal lawsuit filing. But, it's important to allow yourself plenty of time to take legal action in the event that insurance negotiations do not follow the plan or an issue arises that cannot be addressed by the insurance system. Certain circumstances may stop the clock of the statute of limitations however, these situations are extremely rare and need to be evaluated on a case-by-case basis. For instance the statute of limitations might not start running until a victim discovered or reasonably should have discovered that their injuries were caused by another person's negligent actions, and in certain states, like New York, the statute of limitations differs 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. It 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 with a personal injury lawsuit is called the complaint. It contains detailed allegations about the incident that caused your injuries and outlines the damages you're seeking. The complaint also contains the “prayer of relief” which 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. After the complaint is filed, the defendant must file an answer to the complaint within a certain time frame, and must either accept or deny the allegations made in the complaint. The defendant can also file a counterclaim against the plaintiff or bring in a different defendant as third-party defendant. A successful personal injury lawsuit is built on solid evidence, including medical records and witness testimony. We work closely with our clients to ensure that all relevant information is gathered and included in the case. The evidence can also help us negotiate with the attorney for the defendant or insurance agents to obtain the best settlement possible. Preliminary Conference In a personal injury case, your lawyer must prove that negligence on the part of the defendant led to your accident. You must also prove you were injured in the accident and that your injuries are worthy of the amount of financial compensation. It's a long process, but it is at the trial that you'll be able to determine if you receive the damages you are entitled to. In the case of a trial before a jury your lawyer will argue for the defendant's liability and that they must pay for your losses. The defendant will provide evidence to prove that their actions are not connected to the accident. This will stop them from settling your losses. You must attend a pre-trial discussion before proceeding with the trial. This is usually the first time your case will be subject to deadlines that are set by the Court itself. This is also when your lawyer will discuss the issue with the defense. Preliminary conferences are usually conducted by a judicial register or someone on the court's staff. All parties must attend the initial conference in person unless the case has been handled by the New York's Differentiated Case Management Rule or the Rules are otherwise exempted. If, however, Fresno injury attorney is unable to attend in person they are able to take part via phone or online 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 complicated or expedited standard. Bill of Particulars After the summons and complaint have been filed, the defendants named in the lawsuit will have twenty to thirty days (although this deadline is able to be extended by the court). After the Answer has been filed, the matter moves into what is called the discovery phase. During this stage both parties exchange information through written demands for discovery and depositions. Following the conclusion of discovery The attorney for the plaintiff prepares what is called a Bill of Particulars. This document outlines legal claims and the relief sought – typically an award of money damages. The Bill of Particulars is meant to inform the defendant of the specific legal claims that are made so that they can prepare for trial. Before a Bill of Particulars can be accepted, it must be reviewed by the court. In general, a court will only accept a 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 had not been negligent. In 1994, the court upheld a motion to strike the reference to willful or deliberate acts in a medical malpractice case. The court will not allow a new doctrine to be added at a stage in the litigation that is unreasonably late. In order to avoid resultant prejudice, a belated amendment to a Bill of Particulars should only be allowed when supported by an affidavit offering an adequate explanation for the lateness of the amendment. Physical Exam When a defense attorney or insurance company demands that you take part in an Independent Medical Examination (IME), your natural first instinct could be to wonder the reason a doctor who may not know you, your medical history, and the particulars of your injury is asked to conduct an exam. However, this type of exam is actually an obligation under Washington law, and could be beneficial in your case. Typically, IMEs are conducted by doctors medical who are hired by the insurance company of the defendant and their aim is to provide a different perspective on your injuries. Although they are sometimes referred to as “independent,” these physicians, just like insurance companies have their own agendas and financial stake in decreasing the amount of compensation that can be awarded to an injured victim. If you decide to undergo an IME the Orange County personal injury lawyer will make sure that you are aware of what to expect and will provide the complete set of medical records for the doctor to look over. Your lawyer will be present during the IME to ensure that the questions posed by the doctor are in line with your medical records. It is essential to avoid playing up or down the severity of your injuries with the doctors, since they are trained to spot fraud and could use this information against you in trial.