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What is a Personal Injury Lawsuit? If you have been injured through the actions or inactions, you could be eligible for compensation. Contact a knowledgeable personal injury attorney to learn more about your rights. A personal injury lawsuit is a civil litigant where the plaintiff seeks compensation for their losses. This can include medical bills or lost wages, as well as property damage. The process can last between a few months and several years. Damages A personal injury lawsuit is a legal proceeding to compel a person or entity to pay compensation for the damages resulting from an accident. The injured party is known as the plaintiff while the parties accountable are known as defendants. Personal injury cases may include wrongful death claims when someone dies due to inattention or negligence of others. Damages are usually divided into two categories: punitive and compensatory. Compensation damages are based on medical bills, pain and suffering compensation, and other out-of-pocket expenses. Punitive damages are uncommon and designed to punish the wrongdoer for extreme conduct. The first category of damages is usually known as “economic damages.” This covers any out-of-pocket costs resulting from the accident and injuries. This could include hospital bills as well as doctor's fees and therapy costs. In some cases, additional expenses like the cost of travelling to and from appointments or modifications made to your home due to permanent disabilities may also be included in the claim. Non-economic losses are often described as “pain and suffering” damages. These damages are difficult to quantify and comprise the emotional distress and mental stress caused by accidents. Based on the extent of your injuries, your lawyer will assist you to estimate the value of these damages. 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 family. Statute of limitations A legal requirement known as the statute of limitation stipulates that anyone injured in an accident should file a lawsuit before a certain date or else the claim will be dismissed. This is to safeguard evidence from being lost or forgotten, and to stop people from drag out incident-related litigation indefinitely. The exact time limit is different from one state to another, but the majority of personal injury claims have a limit of between two and four years. However there are exceptions that could extend the time required for a victim to make a claim, and they should seek legal advice for help to determine whether or not your case falls under one of these exceptions. The statute of limitations applies only to lawsuits filed in court. Many cases of injury are resolved through the process of filing an insurance claim and do not require a formal lawsuit filing. Even so, it is important to leave yourself plenty of time to take legal action in the event that insurance negotiations don't follow the plan or an issue arises that can't be resolved through the insurance system. Certain circumstances can stop the clock on the statute of limitations, but they are rare and need to be evaluated on a case-by case basis. The statute of limitations may not be established until the victim discovers or should have known that the injury resulted from someone else's negligence. In some states, like New York, it is different for claims against municipalities. Complaint A personal injury lawsuit is a civil suit brought by an injured person against the person or entity that caused the injury. It alleges that the defendant violated the duty of care, and that this breach caused harm and losses to the plaintiff, and that the defendant is accountable for the losses. The complaint is the initial document filed in a personal injury lawsuit. It provides detailed details about the incident that led to your injuries and the damages you seek. The complaint also contains an “prayer of relief” that outlines what you would like the court to do. The summons and complaint must be given to the defendant. The defendant must respond to the complaint within certain time frames and either accept or deny all the allegations in the complaint. The defendant can also bring a counterclaim against plaintiff or bring in a different defendant as a third-party defendant. A successful personal injury lawsuit is based on solid evidence, such as medical records and witness testimony. We work closely with our clients to gather all relevant information and then include it in the case. The evidence we have can also assist us to negotiate with the defendants' lawyers or insurance agents to get the best possible settlement offer. 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 the injuries are worthy of the amount of financial compensation. It's not an easy process, but it is at the trial that you will be able to determine if you get the compensation you are entitled to. In a jury trial, your lawyer will argue that the defendant is accountable and must pay you for your losses. The defendant will present evidence that their actions do not contribute to the accident, which will prevent them from having to pay you for your losses. You must attend a pre-trial meeting before you can proceed 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 the time that your attorney will discuss the case with the defense. A judicial registrar, or an official from the court staff, typically holds preliminary conferences. Unless the case is being handled by the New York's Differentiated Case Management Rule, or is otherwise exempt from the Rules All parties are required to attend in person. However, if a party cannot attend in person, they are able to participate via phone or internet with the permission of the convenor. If your case is part of the Differentiated Case Management Program, an initial meeting also provides an opportunity to determine whether your case falls into one of three categories – expedited standard or complex. Bill of Particulars After a complaint and summons are filed, the defendant parties named in the lawsuit have twenty or thirty days to respond (although this deadline can be extended if the court gives consent). After Elk Grove injury attorneys is filed, the case is moved into the discovery phase. In this period both sides exchange information in the form of written demands for discovery and depositions. The lawyer of the plaintiff drafts a Bill of Particulars at the conclusion of the discovery. The document is a legal declaration of 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 filed so that he or she can prepare effectively for trial. Before a Bill of Particulars can be followed, it has to be scrutinized by the court. In general, the court will only abide by the Bill of Particulars if it is not vague or overbroad. A Bill of Particulars must only include the specific acts of neglect that are being alleged and not include any new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ) for instance was a case in which the court ruled that the plaintiff had not been negligent. In 1994, the court upheld the motion to strike out any references to willful or intentional actions in a medical malpractice case. The court will not allow a new doctrine to be added at an stage in the litigation that is unreasonably late. To avoid adverse consequences, a late amendment to the Bill of Particulars should only be permitted if supported by an affidavit stating a reasonable excuse for the delay in the amendment. Physical Examination When a defense attorney or insurance company demands that you take part in an Independent Medical Examination (IME) Your first reaction may be to question the reason why a doctor who does not know you or your medical history and the details of your injury 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 typically conducted by doctors hired by the defendant’s insurance company. Their goal is to offer a different perspective on your injuries. These physicians, who are often referred to as “independent” are able to have their own agendas and financial stakes in reducing the amount of compensation which is awarded to injured victims. Your Orange County personal injury attorney will ensure that you understand what to expect from an IME and will give a copy to the doctor of all relevant medical records. Your lawyer will be present during the IME to make sure that the questions asked by the doctor are in accordance with your medical records. It is important to not play around with the severity of your injuries to the doctors, since they are trained to recognize fraud and could make use of this information against you at trial.