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What is a Personal Injury Lawsuit? If you've been hurt through the actions or inactions, you may be eligible for compensation. Contact an experienced personal injury lawyer to find out more about your rights. A personal injury lawsuit is civil litigant where the plaintiff seeks compensation for their losses. This can include medical bills, lost wages and property damage. The process can run from several months to several years. Damages A personal injury lawsuit is a process to compel a person or entity to pay you money for damages related to an accident. The party who suffered the injury is known as the plaintiff, while the responsible parties are called defendants. Personal injury cases may include cases of wrongful death when someone dies due to the negligence or wrongful actions of others. A victim's damages are typically broken down into two groups which are: punitive and compensatory. 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 designed to punish the perpetrator for their extreme behavior. The first type of damages is usually known as “economic damages.” This covers any out-of-pocket costs resulting from the accident and injuries. These may include hospital expenses as well as doctor's fees and therapy costs. Certain claims could also include additional expenses, such as the cost of travel to and from appointments or the need to modify your home to accommodate a permanent disability. Non-economic damage can also be referred to by the term “pain and suffer” damages. They are more difficult to quantify and include the emotional distress, mental suffering and anguish that accidents can cause. Based on the severity of your injuries, your lawyer can help you determine the value of these damages. This may be based on your ability to do things you did before or your loss in consortium with your family. Statute of limitations A legal principle known as the statute of limitation obliges anyone injured in an accident must file an action within a specified date or the claim will be dismissed. This is done to prevent evidence from being lost or lost, and also to stop individuals from dragging litigation relating to incidents out for an indefinite period. The time frame for filing a claim differs from one state another, but most personal injury lawsuits have a time frame of between two and four years. However, there are exceptions that could extend the time a victim has to file their claim and they should seek legal advice for help determining whether or not their case falls into one of the exceptions. Buena Park injury lawsuits of limitations only applies to lawsuits filed in court. Insurance claims are typically used to resolve injuries and do not require formal lawsuits. But, it's crucial to give yourself plenty of time to pursue legal action in the event that insurance negotiations fail to take place as planned or if an issue arises that can't be addressed by the insurance system. A few circumstances can pause the clock on the statute of limitations however, these situations are very rare and have to be evaluated on an individual case-by-case basis. The statute of limitations may not be established until the victim is aware or should have known that the injury was caused by another's negligence. In certain states, such as New York, it is different for claims against municipalities. Complaint A personal injury lawsuit is brought by the victim against the party who caused the injury. It asserts that the defendant violated their duty of care and that the breach caused harm and losses for the plaintiff. The defendant is then held responsible for these damages. The first document filed in a personal injury lawsuit is known as the complaint, and it contains detailed allegations about the incident that caused your injuries. It also outlines the damages you are seeking. The complaint also contains an “prayer of relief” which describes what you would like the court to do. The summons and complaint should be delivered to the defendant. The defendant must respond to the complaint within a set of deadlines and either admit or deny the allegations made in the complaint. The defendant can also make a counterclaim against the plaintiff or introduce another defendant as third-party defendant. A successful personal injury lawsuit depends on solid evidence such as medical records and testimony from witnesses. We work closely together with our clients to collect all relevant information and include it in the case. The evidence can also help us negotiate with the attorney of the defendant or insurance representatives to get the best settlement possible. Preliminary Conference In a personal-injury case your lawyer must show that negligence on the part of the defendant caused your accident. You must also prove that you suffered injuries from your accident, and that the injuries you sustained are worthy of financial compensation. It can be a lengthy procedure, but it's at the trial that you will be able to determine if you get the compensation you deserve. In a trial before jurors the lawyer will argue the defendant's responsibility and they will argue that they have to pay for your losses. The defendant will present evidence to prove that their actions were unrelated to the accident. This will prevent them from paying you for your losses. You must attend a pre-trial discussion before you can proceed with the trial. This is often the first time your case will be subject to deadlines that are set by the Court itself. It is also the time that your attorney will discuss the case with the defense. Preliminary conferences are typically conducted by a judicial registrar or an individual from the court's staff. If the case is handled by the New York's Differentiated Case Management Rule, or otherwise exempted from the Rules All parties are required to attend in person. If, however, a person is unable to attend in person, they are able to participate via telephone or on the internet, with the consent of the convenor. If your case is going to be part of the Differentiated Case Management program, an initial conference can provide an opportunity to determine whether your case falls under one of the three classifications that are expedited, standard, or complex. Bill of Particulars After the complaint and summons have been filed, the defendants named in the lawsuit will be given 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 phase, both parties exchange information through written discovery demands and depositions. The lawyer for the plaintiff prepares a Bill of Particulars at the end of the discovery. The document details 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 being made, to help them prepare for trial. Before a Bill of Particulars can be followed, it must be examined by the court. Generally, the court will only accept a Bill of Particulars that is not vague or broad. A Bill of Particulars should be limited to the specific negligence that is being asserted and should not include 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. 1994) The court ruled in favor of the motion to strike all references to willful and intentional actions from a medical malpractice claim. In the same way, the court will not allow addition of a new theory of recovery at an unreasonably late point in the action. To avoid causing prejudice, an amendment made late to the Bill of Particulars must be supported by an affidavit which gives a reasonable explanation of the delay of this amendment. Physical Examination 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 examination. However, this kind of exam is actually a requirement under Washington law, and can be helpful in your case. IMEs are usually conducted by doctors employed by the insurer of the defendant. Their goal is to provide an alternative view of your injuries. Although they are sometimes called “independent,” these physicians – just like the insurance companies have their own agendas and financial motives in cutting down on the amount of compensation that may 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 give an IME doctor with a copy of all relevant medical records. Your lawyer will be present during the IME to ensure that the questions posed by the doctor are consistent with your medical records. It is important to not play with the extent of your injuries with these doctors, as they are trained to recognize dishonesty and may utilize this information against you in trial.