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What is a Personal Injury Lawsuit? You may be eligible for compensation if you have been injured due to the actions or inactions of someone else. Contact a seasoned personal injury lawyer to learn more about your rights. A personal injury lawsuit is a civil dispute in which the plaintiff seeks compensation for their losses, including medical bills, lost wages, damages to property and other expenses. The process can last between a few months and several years. Damages A personal injury lawsuit is a legal proceeding that is taken to force another person or entity to pay you for the damages that result from an accident. The plaintiff is the one who was injured, and the defendants are responsible. If someone dies as a result of carelessness or infractions committed by others In wrongful deaths, the case can be included in personal injury claims. Damages are typically classified into two categories: punitive and compensatory. Compensatory damages include medical bills as well as pain and loss compensation, and other out of pocket expenses. Punitive damages are not common and are intended to penalize the wrongdoer for extreme conduct. This category covers all costs that result from the accident or injury. These could include hospital bills medical expenses, doctor's charges and physical therapy costs. In certain cases additional expenses, such as the cost of traveling to and from appointments or modifications to your home to accommodate permanent disabilities could also be included in the claim. Non-economic damages can also be referred to by the term “pain and suffer” damages. These damages are difficult to quantify and include the emotional stress and mental anguish that accidents can cause. Based on the severity of your injuries your lawyer can help you estimate the value of these damages. It could be based on the ability to continue enjoying the activities you were previously able to enjoy or your loss of connection with family members. Statute of limitations A legal requirement known as the statute of limitation requires that anyone who is injured in an accident should file an action within a specified date or else their claim will be dismissed. This is to stop evidence from being forgotten or lost, and also to stop those who delay bringing litigation related to an incident out indefinitely. The exact duration of the time limit is different from one state to another, but most personal injury claims have a time frame of two to four years. However there are exceptions that may extend the time a victim has to submit their claim. They should seek legal advice for assistance in to determine if their case falls within one of the exceptions. The statute of limitations applies only to lawsuits filed in court. Insurance claims are often used to resolve injury cases and do not require formal lawsuits. However, it is important to leave yourself plenty of time to take legal action 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, but they are not common and have to be considered on a case-by case basis. The statute of limitations may not be established until the victim realizes or should have realized that the injury resulted from someone else's negligence. In some states, like New York, it is different for claims made against municipalities. Complaint A personal injury lawsuit is a civil case filed by an injured party against the person or entity that caused the injury. It asserts that the defendant breached their duty of care and this breach resulted in harm and losses for the plaintiff. The defendant is accountable for the damages. The complaint is the primary document that is filed in a personal injury lawsuit. It provides detailed details concerning the incident that caused your injuries as well as the damages you want. It also contains the “prayer for relief” that describes what you want the court to do. The summons and complaint must be given to the defendant. After the complaint is filed, the defendant must file an answer to the complaint within a certain time frame, and will either admit or deny the allegations in the complaint. The defendant can also file a counterclaim or add another defendant to the case as a third party defendant. A successful personal injury lawsuit is based on solid evidence, which includes medical records and witness testimony. We work closely together with our clients to gather the relevant information and incorporate it in the case. The evidence can also help us negotiate with the attorney of the defendant or insurance agents to obtain the best settlement offer possible. Preliminary Conference In a personal injury case your lawyer must demonstrate that the defendant's negligence caused your accident. Oceanside injury lawyer must also prove you suffered injuries in your accident and that the injuries are worth financial compensation. It's not an easy process, but it's at the trial that you will finally know if you will be awarded the compensation you are entitled to. In a jury trial your lawyer will argue that the defendant is accountable and is required to compensate you for the losses you suffered. The defendant will present evidence to prove that their actions were unrelated to the accident. This will stop them from paying you for your losses. Before you can proceed to trial you must attend a preliminaries conference. This is the first time your case will be subject to deadlines imposed by a court. It is also the time where your lawyer will discuss the case with the defense. A judicial registrar, also known as an individual of the court's staff, typically conducts preliminary conferences. All parties must attend the initial conference in person unless the case has been handled in accordance with the New York's Differentiated Case Management Rule or the Rules are otherwise exempted. If a person is unable to attend in person, the convenor can allow them to participate by phone or online. If your case is part of the Differentiated Case Management Program, an initial meeting also provides an opportunity to determine if your case falls within one of 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 respond (although this deadline can be extended with the court's approval). After the Answer is filed, the case moves into what is called the discovery phase. In this phase the parties exchange information through written demands for discovery and depositions. At the conclusion of discovery, the plaintiff's attorney prepares what is called a Bill of Particulars. The document is a legal declaration of claims and the relief sought – typically the award of damages in cash. The Bill of Particulars is intended to put the defendant on notice of the specific legal claims being made, so that he or she can effectively prepare for trial. The court must examine a Bill of Particulars before it can be complied with. In general, courts 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 negligence that is being claimed and should not contain new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ) for instance, was a case where the court ruled that the plaintiff had not been negligent. 1994) The court ruled in favor of the motion to strike references to intentional and willful acts from a medical negligence claim. The court will not permit the addition of a new theory of recovery at an unreasonable late point in the action. In order to avoid resultant adverse consequences, a late amendment to the Bill of Particulars should only be allowed if accompanied by an affidavit offering a reasonable excuse for the delay in the amendment. Physical Exam You might be wondering why a doctor who isn't familiar with you or your medical history and isn't familiar with the specifics of your accident, would be required to conduct a medical examination. However, this type of exam is actually a requirement under Washington law and could be beneficial in your case. Typically, IMEs are conducted by medical doctors who are employed by the defendant's insurance company and their aim is to offer a different view of 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 given to victims of injuries. If you choose to undergo an IME, your Orange County personal injury lawyer will ensure that you are fully informed about what to expect. They will provide a copy of all relevant medical records to the doctor to examine. Your lawyer will also be present at the IME and will ensure that you are examined with respect and courtesy by ensuring that doctors questions do not deviate from the ones in your medical records. You should not downplay or exaggerate the severity of your injury to the doctors. They are trained to detect fraud, and may use this information at trial.