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What is a Personal Injury Lawsuit? If you have been injured due to another's 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 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 process that is taken to compel another person, or entity, to pay you for the damages that result from an accident. The plaintiff is the victim and the defendants are accountable. If someone dies as the result of carelessness or infractions committed by others In wrongful deaths, the case can be included in personal injury lawsuits. Damages are typically classified into two categories: compensatory and punitive. Compensation damages are designed to make the victim whole again, including out-of-pocket expenses such as medical expenses as well as compensation for pain and suffering. Punitive damages, which are very rare and are designed to punish the wrongdoer if they have committed extreme acts. The first type of damages is often referred to as “economic damages.” This covers the cost of out-of-pocket expenses incurred due to the accident and injuries. These might include doctor's bills as well as hospital expenses and physical therapy expenses. In some cases additional expenses, such as the cost of travel to and from appointments or modifications made to your home to accommodate permanent disabilities can be included in a claim. Non-economic damage can also be referred to by the term “pain and suffer” damages. These are more difficult to quantify and are a result of the mental and emotional stress, suffering and anguish that accidents can cause. Based on the severity of your injuries your lawyer will assist you to determine the value of these damages. This might be based on your ability to enjoy activities you were previously able to enjoy or your loss of connection with family members. Statute of limitations A legal rule known as the statute of limitation obliges anyone injured in an accident should file an action within a specified date or the claim will be dismissed. This is to protect evidence from being lost or lost in the shuffle and to stop people from carrying out litigation related to an incident for a long time. Rancho Cucamonga injury attorney of the time limit differs from one state another, but most personal injury claims have a limit of two to four years. However, there are exceptions that may extend the time a victim has to make a claim, and they should seek legal advice for help determining whether or not their case falls into one of the exceptions. The statute of limitations only applies to lawsuits that are filed in court. Insurance claims are typically used to resolve injuries and do not require formal lawsuits. It is nevertheless essential to allow yourself sufficient time to file a lawsuit in the event that insurance negotiations don't go as planned, or if a problem occurs which cannot be resolved through insurance. Certain circumstances can stop the statute of limitations clock, but these instances are extremely rare and need to be considered on an individual basis. The statute of limitations might not start until the person realizes or should have realized that the injury was caused by someone else's negligence. In some states, like New York, it is different for claims that are made against municipalities. Complaint A personal injury lawsuit is filed by the victim against the person who caused the injury. It asserts that the defendant violated their duty of care and this breach caused harm and losses for the plaintiff. The defendant is then held responsible for these damages. The first document you file with a personal injury lawsuit is referred to as the complaint. It includes specific allegations regarding the incident that led to your injuries and outlines the damages you're seeking. The complaint also contains a “prayer of relief” which outlines 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 respond to the complaint within a specific time frame, and will either admit or deny the allegations in the complaint. The defendant may also file a counterclaim against the plaintiff or bring in a different defendant as 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 collected and included in the case. The evidence we have will also help us to negotiate with defendants' attorneys or insurance agents to negotiate the most favorable settlement offer. Preliminary Conference In a personal injury lawsuit your lawyer must demonstrate that the negligence of the defendant caused your accident. You must be able to prove that you sustained injuries due to your accident and that those injuries warrant financial compensation. It's not an easy process, but it's at the trial that you'll be able to determine if you receive the damages you deserve. In the case of a trial before a jury the lawyer will argue for the defendant's responsibility and they will argue that they have to be held accountable for your losses. The defendant will argue that their actions are not related to the accident, which prevents them from having to reimburse you for your losses. Before proceeding to trial, you must attend a preliminaries conference. This is the first time that your case has deadlines set by a court. This is also the time when your lawyer will discuss the matter with the defense. A judicial registrar, also known as an official of the court staff usually conducts preliminary conferences. All participants must attend the preliminary conference in person unless the case is handled under 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 via the internet. If your case is part of the Differentiated Case Management Program, the initial meeting provides an opportunity to determine if your case falls into one of three categories – advanced 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 timeframe can be extended by the court). Once the Answer is filed, the case moves into what is known as the discovery phase. In this period, both sides exchange information in the form of written demand for discovery and depositions. The lawyer of the plaintiff drafts a Bill of Particulars at the end of discovery. This document outlines legal 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 filed so that they can effectively prepare for trial. The court must review the Bill of Particulars before it is able to be followed. In general, a 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 claimed and must not include new claims. For instance in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. In 1994, the court affirmed the motion to strike all the reference to willful or deliberate acts in a medical negligence case. The court will also not permit a new theory to be added at any stage in the litigation that is unreasonable late. In order to avoid resultant prejudice, a belated amendment to the Bill of Particulars should only be allowed if accompanied by an affidavit that provides an acceptable explanation for the delay in the amendment. Physical Exam If a defense attorney or insurance company asks you to take part in an Independent Medical Examination (IME), your natural first instinct may be to question the reason a doctor who may not know you, your medical history, and the particulars of your injury is requested to conduct an exam. However, this kind of examination is actually an obligation under Washington law, and it could be beneficial to your case. IMEs are usually conducted by doctors hired by the defendant’s insurance company. Their aim is to offer a different perspective on your injuries. While they are sometimes referred to as “independent,” these physicians, just like insurance companies have their own agendas and financial stake in reducing the amount of compensation that may be given to a victim of injury. If you choose to undergo an IME If you decide to undergo an IME, your Orange County personal injury lawyer will ensure that you are fully informed about what to expect. They will provide copies of all relevant medical records for the doctor to examine. Your lawyer will also be present at the IME and can ensure that you are being examined fairly by ensuring that the questions of the doctor do not diverge from the ones you have in your medical records. Do not underplay or exaggerate the severity of your injuries to the doctors. They are trained to detect fraudulent behavior, and can make use of this information in a trial.