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What is a Personal Injury Lawsuit? You may be entitled to compensation if you have been injured due to the actions or inactions of another person. Contact a knowledgeable 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 losses. This includes medical bills, lost wages and property damage. The process can run from a few months to several years. Damages A personal injury lawsuit is a legal proceeding to force another person or entity to pay you compensation for the damages resulting from an accident. The injured party is known as the plaintiff and the parties accountable are known as defendants. When someone dies as a result of the inattention or negligence of others the wrongful death case are often included in personal injury claims. The damages of a victim are typically divided into two categories: compensatory and punitive. Compensatory damages include medical bills as well as pain and loss compensation, and other out of pocket expenses. Punitive damages, which are rare and are intended to punish the perpetrator if they have committed extreme acts. This category covers all expenses caused by the accident or injury. These might include doctor's bills, hospital costs and physical therapy expenses. Certain claims could also include additional expenses, such as travel costs to and from appointments or modifications to your home to accommodate a disability that is permanent. Non-economic damages are commonly described as “pain and suffering” damages. These damages are harder to quantify, and they include the emotional distress and mental anguish caused by accidents. Your lawyer can help you determine the value of these damages based on the severity of your injuries. This might be based on the ability to continue enjoying the activities you were previously able to enjoy or your loss of consortium with family members. Statute of limitations A legal principle known as the statute of limitation requires that anyone who is injured in an accident must file an action within a specified date or else the claim will be dismissed. This is done to stop evidence from being lost or lost and to stop those who delay bringing litigation related to an incident out for an indefinite period. The exact time limit varies from one state to another, but most personal injury claims have a limit of between two and four years. There are some exceptions to the time to file claims. If you need assistance in determining whether your case falls under one of these exceptions, then it is recommended to seek legal advice. A key aspect of the statute of limitations is that it only applies to the filing of a lawsuit in court. Many injury cases are resolved through the process of filing an insurance claim and do not require formal lawsuit filing. It is essential to allow yourself sufficient time to start a lawsuit in the event that insurance negotiations aren't as smooth as you had hoped, or if a problem occurs that cannot be resolved with insurance. Some circumstances can pause the clock on the statute of limitations, but they are not common and have to be considered on a case-by case basis. For instance the statute of limitations might not start to run until a victim discovered or should have reasonably discovered that their injury was caused by another person's negligence, and in certain states, such as New York, the statute of limitations is different for claims against municipalities. Complaint A personal injury lawsuit is brought by the victim against the person who caused the injury. It alleges that the defendant violated a duty of care, that this breach caused harm and losses to the plaintiff and that the defendant should be held liable for those damages. The first document filed with a personal injury lawsuit is known as the complaint, and it includes specific allegations regarding the incident that led to your injuries. It also outlines the damages you're seeking. The complaint also includes the “prayer of relief” that outlines 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 time limits and either admit or deny all allegations contained in the complaint. Inglewood injury attorney can also file a counterclaim or add a third party defendant to the case by naming a third party defendant. A successful personal injury lawsuit is based on solid evidence, including medical records and testimony from witnesses. We work closely with our clients to ensure that all relevant information is gathered and included in the case. The evidence we have will also help us to negotiate with the defense attorneys or insurance companies to obtain the best settlement offer. Preliminary Conference In a personal injury case the attorney for you must prove that the negligence of the defendant led to your accident. You must also prove that you suffered injuries due to your accident and that the injuries you sustained are worthy of financial compensation. It's not an easy process, but it's at the trial that you'll find out if you get the compensation you are entitled to. In a trial before a jury, your lawyer will argue that the defendant is accountable and is required to compensate you for your losses. The defendant will present evidence to prove that their actions are not connected to the accident. This will prevent them from settling your losses. Before proceeding to trial, you must attend a preliminaries conference. This is often the first time that your case will have 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 of the court's staff, typically conducts preliminary conferences. If the case is handled by New York's Differentiated Case Management Rule, or is otherwise exempt from the Rules All participants are required to attend in person. If a party is unable to attend in person, the convenor can allow them to participate by telephone or online. If your case will be part of the Differentiated Case Management Program, the initial meeting provides an opportunity to determine if your case falls into one of three categories – expedited standard or complex. Bill of Particulars When a summons and complaint are filed, the defendants identified in the lawsuit are given the option of having twenty or thirty days to respond (although this deadline can be extended with the court's consent). When the Answer is filed, the case enters what is known as the discovery phase. In this stage both parties exchange information through written discovery demands and depositions. The lawyer of the plaintiff drafts the Bill of Particulars at the conclusion of the discovery. The document details the legal claims being made as well as the relief requested – 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. Before a Bill of Particulars can be followed, it has to be reviewed by the court. In general, courts will only accept a Bill of Particulars that is not vague or overly broad. A Bill of Particulars should be limited to the specific acts of negligence asserted and should not include new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ), for example was a case where the court ruled that the plaintiff was not negligent. In 1994, the court affirmed the motion to strike out any references to willful or intentional actions in a medical malpractice case. The court will not permit a new theory to be added at an stage in the litigation that is unreasonable late. In order to avoid resultant adverse consequences, a late amendment to the Bill of Particulars should only be allowed when supported by an affidavit stating an acceptable explanation for the lateness of the amendment. Physical Exam It is possible to ask why a doctor, who doesn't know you, or your medical history and is unfamiliar with the details of your incident, would be asked to conduct a medical examination. But, this type of exam is actually an obligation under Washington law, and it could be beneficial in your case. Typically, IMEs are conducted by doctors medical who are hired by the insurance company representing the defendant and their aim is to offer an alternative perspective to your injuries. Although they are often described as “independent,” these physicians, just like insurance companies have their own agendas and financial motives in reducing the amount of compensation that can be given to a victim of injury. 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 the complete set of medical records for the doctor to look over. Your lawyer will be present during the IME to make sure that the questions asked by the doctor are consistent with your medical records. It is not advisable to downplay or exaggerate the severity of your injuries to the doctors. They are trained to spot fraud, and may make use of this information in a trial.