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What is a Personal Injury Lawsuit? If you've been hurt due to another's actions or inactions, you may be eligible for compensation. To learn more about your rights under the law get in touch with a seasoned personal injury lawyer. A personal injury lawsuit is a civil litigant where the plaintiff seeks compensation for their loss. This can include medical bills or lost wages, as well as property damage. The process can take anywhere from several months to a few 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 person who is injured is referred to as the plaintiff while the responsible parties are called defendants. If someone dies as a result of the inattention or negligence of others In wrongful deaths, the case are often included in personal injury lawsuits. Damages are usually classified into two categories: compensatory and punitive. Compensatory damages are intended to make the victim whole again, including out-of-pocket expenses such as medical expenses and compensation for pain and suffering. Punitive damages, which are not common and are designed to punish the offender when they have committed a number of extreme crimes. This category includes all expenses caused by the injury or accident. This could include hospital bills medical expenses, doctor's charges and physical therapy costs. In some instances additional expenses, such as the cost of traveling to and from appointments or modifications made to your home to accommodate permanent disabilities may be included in a claim. Non-economic damages are commonly called “pain and suffering” damages. These damages are difficult to quantify, and they comprise the emotional distress and mental anguish that accidents can cause. Your lawyer can help you evaluate these damages based upon the severity of your injury. This could be based on your capacity to enjoy activities you previously enjoyed or the loss of your relationship with family members. Statute of limitations Under a legal rule called the statute of limitations, anyone who suffers an injury in an accident must make a claim within a specific time period or the claim will be dismissed by the courts. 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. The exact length of time for filing a claim differs from state to state however personal injury claims generally have a two-to four-year limitation. There are certain exceptions to the time limit for filing claims. If Tustin injury lawyer need assistance determining if your case falls within one of these exceptions, then it is recommended to seek legal advice. The statute of limitations is only applicable to lawsuits filed in the court. Insurance claims are usually used to resolve injury cases and do not require formal lawsuits. However, it is crucial to give yourself enough time to take legal action in the event that insurance negotiations don't take place as planned or if there is a problem that cannot be addressed by the insurance system. Certain circumstances can stop the statute of limitations clock however these cases are very rare and have to be considered on an individual case-by-case basis. The statute of limitations may not start until the person is aware or should have known that the injury was caused by another's negligence. In certain states, like New York, it is different for claims against municipalities. Complaint A personal injury lawsuit is a civil case brought by an injured person against the person or entity who caused the injury. It alleges that the defendant breached the duty of care, that this breach caused harm and loss to the plaintiff and that the defendant should be held liable for those damages. The first document filed in a personal injury lawsuit is called the complaint, and it contains detailed allegations about the incident that led to your injuries and outlines the damages you're seeking. The complaint also contains the “prayer for 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 period, and they must either accept or deny the allegations in the complaint. The defendant can also file a counterclaim, or add a third party defendant to the case by naming 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 collect the relevant information and incorporate it in the case. The evidence will also assist us negotiate with the attorney of the defendant or insurance representatives to get the most favorable settlement offer. Preliminary Conference In a personal injury case the attorney for you must prove that the defendant's negligence caused your accident. You must be able to prove that you sustained injuries from your accident, and that your injuries are a valid reason for financial compensation. This can be a long process, but the trial is when you'll be able to decide if you'll be awarded the damages you're entitled to. In the case of a trial before jurors the lawyer will argue the defendant's liability and that they must be held accountable for your losses. The defendant will present evidence to show that their actions are not connected to the accident. This will prevent them from settling your losses. Before you can proceed to trial, you must attend a preliminaries conference. This is the first time that your case has deadlines set by a judge. This is also the time where your attorney will discuss the case with the defense. Preliminary conferences are usually conducted by a judicial register or a member of the court's staff. All parties must attend the initial conference in person, unless the case is handled by the New York's Differentiated Case Management Rule or the Rules are otherwise exempted. If a party is unable to attend in person, the convenor may allow them to participate by phone or online. 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: complicated or expedited standard. Bill of Particulars After a complaint and summons are filed, the defendants named in the lawsuit have either twenty or thirty days in which to respond (although this deadline can be extended with the court's permission). When the Answer is filed, the case moves into what is known as the discovery phase. In this phase, both parties exchange information through written discovery demands and depositions. Following the conclusion of discovery the attorney representing the plaintiff drafts what is known as a Bill of Particulars. The document details legal claims and the relief sought – typically an award of money damages. The Bill of Particulars is meant to inform the defendant of the specific legal claims that are made to help them prepare for trial. The court must examine the Bill of Particulars before it is allowed to be enforced. Generally, the court will only accept a Bill of Particulars that is not vague or overly broad. A Bill of Particulars must only include the specific acts of negligence that are being asserted and must not include new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ), for example was a case in which the court ruled that the plaintiff was not negligent. In 1994, the court affirmed a motion to strike the reference to willful or deliberate acts in a medical malpractice case. In the same way, the court will not permit the introduction of a new doctrine of recovery at a disproportionately late stage in the litigation. To avoid prejudice, an amendment made late to a Bill of Particulars must be supported by an affidavit that provides a reasonable explanation for the delay of this amendment. Physical Examination If a defense attorney, or an insurance company asks you to attend an Independent Medical Examination (IME) the first reaction may be to question the reason why a doctor who does not know you, your medical history, and the particulars of your injury is required to conduct an examination. This type of examination, which is required by Washington law, could be beneficial to your case. Typically, IMEs are conducted by doctors medical who are hired by the defendant's insurance company and their goal is to offer a different view of your injuries. Although they are sometimes referred to as “independent,” these physicians as well as insurance companies have their own agendas and financial stake in decreasing the amount of compensation that could be given to a victim of injury. If you decide to undergo an IME the Orange County personal injury lawyer will make sure that you are aware of what to expect and 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 doctors questions do not deviate from the ones in your medical records. Do not underplay or exaggerate the severity of your injuries to these doctors. They are trained to spot fraud, and may use this information at trial.