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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 another person. Contact an experienced personal injury attorney to learn more about your rights. A personal injury lawsuit is a civil litigant in which the plaintiff seeks compensation for their loss. This includes medical expenses or lost wages, as well as property damage. The process can run from a few months to several years. Damages A personal injury lawsuit is a process to compel a person or entity to pay you compensation for the damage caused by an accident. The plaintiff is the one who was injured, and the defendants are the parties accountable. If someone dies as the result of inattention or negligence of others In wrongful deaths, the case are often included in personal injury claims. The damages of a victim are typically divided into two categories which are: punitive and compensatory. Compensation damages are designed to ensure that the victim is completely for good, including out-of-pocket costs such as medical bills as well as compensation for pain and suffering. Punitive damages are uncommon and are designed to punish the perpetrator for their extreme behavior. The first category of damages is often referred to as “economic damages.” This is the term used to describe all out-of-pocket expenses associated with the accident and injuries. This could include doctor's fees or hospital costs, as well as physical therapy expenses. In some cases, additional expenses like the cost of travel to and from appointments, or modifications to your home to accommodate permanent disabilities may be included in the claim. Non-economic damages are commonly referred to as “pain and suffering” damages. These are more difficult to quantify and are a result of the mental and emotional stress, anxiety and suffering caused by accidents. Depending on the severity of your injuries your lawyer will help you determine the value of the damages. This may be based on your capacity to perform the things you were previously able to do or your loss in consortium with family. Statute of Limitations A legal requirement known as the statute of limitations obliges anyone injured in an accident file an action before a specific date or the claim will be dismissed. This is to safeguard evidence from being lost or forgotten and to stop people from drag out litigation relating to incidents for an indefinite period. The exact duration of time differs between states, but personal injury claims typically have a two-to four-year limit. There are certain exceptions to the limit for filing claims. If you need help in determining whether your case falls within one of these exceptions, then it is recommended to seek legal advice. One of the main facets of the statute of limitations is that it only applies to the filing of an action in court. Insurance claims are often used to resolve injuries and do not require formal lawsuits. Even so, it is important to allow yourself enough time to file a lawsuit in the event that negotiations do not follow the plan or an issue arises that cannot be addressed by the insurance system. Some circumstances can pause the clock on the statute of limitations, but they are rare and need to be assessed on a case-by-case basis. The statute of limitation may not begin until the victim discovers or should have known that the injury was caused by someone else's negligence. In certain states, like New York, it is different for claims that are made against municipalities. Complaint A personal injury lawsuit is a civil case brought by an injured person against the person or entity that caused the injury. The plaintiff claims that the defendant breached the duty of care, that the breach caused harm and losses to the plaintiff and that the defendant should be held accountable for the losses. The complaint is the primary document that is filed in a personal injury case. It contains detailed allegations concerning the incident that caused your injuries, and the damages you seek. The complaint also contains the “prayer of relief” which describes what you want the court to do. The summons and complaint must be delivered to the defendant. After the complaint is filed, the defendant is required to file an answer to the complaint within a certain time period, and they will either admit or deny the allegations made in the complaint. The defendant may also bring a counterclaim against plaintiff or bring in another defendant as third-party defendant. A successful personal injury lawsuit is based on solid evidence, including medical documents and testimony from witnesses. We work closely with our clients to gather 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 offer possible. Preliminary Conference In a personal injury case, your attorney must prove that the negligence of the defendant led to your accident. You must also prove that you suffered injuries in your accident and that your injuries are worth the amount of financial compensation. It's not an easy process, but it is at the trial that you will find out if you get the compensation you are entitled to. In the case of a trial before the jury, your lawyer will argue for the defendant's liability and that they must pay for your losses. The defendant will provide evidence that their actions are not related to the accident, which will prevent them from having to pay 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 when your attorney will be discussing the matter with the defense. A judicial registrar, also known as a member of the court's staff, typically conducts preliminary conferences. All parties must attend the preliminary conference in person unless the case is handled by New York's Differentiated Case Management Rule or the Rules are otherwise exempted. However, if a party is unable to attend in person, they may participate via telephone or on the internet with the permission of the convenor. If your case is to be part of the Differentiated Case Management program, a preliminary conference will also provide an opportunity to determine whether your case falls within one of the three categories which 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 time frame can be extended by the court). Once the Answer is filed, the case moves into what is called the discovery phase. In Baldwin Park injury lawsuit youtube.com in the form of written discovery demands and depositions. Following the conclusion of discovery, the plaintiff's attorney prepares what is known as a Bill of Particulars. This document outlines legal claims and the relief sought – usually an award of money damages. The Bill of Particulars is intended to inform the defendant notice of the specific legal claims being made so that he or she can effectively prepare for trial. The court must look over a Bill of Particulars before it can be complied with. In general, the court will only accept the Bill of Particulars if it is not vague or overbroad. A Bill of Particulars should be limited to the specific acts of negligence asserted and should not include new claims. For instance, in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. 1994) The court ruled in favor of a motion to strike all references to willful and intentional acts from a medical malpractice claim. The court will also not permit a new theory to be introduced at a stage in the litigation that is unreasonable late. To avoid adverse consequences, a late amendment to a Bill of Particulars should only be permitted if supported by an affidavit that provides a reasonable excuse for the lateness of the amendment. Physical Examination When a defense attorney or insurance company demands that you take part in an Independent Medical Examination (IME) the first reaction could be to wonder the reason a doctor who may not know you and your medical history and the details of your accident is being required to conduct an examination. However, this type of examination is actually required under Washington law and can be helpful in your case. Typically, IMEs are conducted by doctors medical who are hired by the defendant's insurance company and their goal is to provide a different perspective on your injuries. Although they are sometimes described as “independent,” these physicians, just like insurance companies have their own agendas and financial stake in cutting down on the amount of compensation that can be granted to a victim who has been injured. Your Orange County personal injury attorney will make sure you know what to expect from an IME and will provide the doctor with a copy of all pertinent medical records. Your lawyer will also be present at the IME and will make sure that you are being treated in a fair manner by ensuring that the questions of the doctor do not diverge from the ones in your medical records. Do not underplay or exaggerate the severity of your injury to the doctors. They are trained to spot fraud, and may make use of this information in a trial.