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What is a Personal Injury Lawsuit? You could be entitled to compensation if you have been injured due to the actions or inactions of another person. To find out more about your legal rights to pursue compensation, consult a knowledgeable personal injury lawyer. A personal injury lawsuit is a civil action in which the plaintiff seeks money to compensate for their losses, which include medical expenses, lost wages, property damage and other expenses. The process can take anywhere from several months to a few years. Damages A personal injury lawsuit is a process to compel a person or entity to pay compensation for the damage caused by an accident. The person who is injured is referred to as the plaintiff while the parties accountable are known as defendants. Personal injury cases can include the wrongful death of a person who dies because of the inattention or negligence of others. Damages are usually divided into two categories: compensatory and punitive. Compensation damages can include medical bills as well as pain and suffering compensation and other out-of pocket expenses. Punitive damages, which are very rare and are intended to punish the perpetrator if they have committed extreme actions. This category covers all costs incurred as a result of the accident or injury. These could include hospital bills, doctor's fees and physical therapy costs. Some claims could also cover additional costs, like the cost of travel to and from appointments, or modifications to your home to accommodate a permanent disability. Non-economic damages are commonly called “pain and suffering” damages. These damages are harder to quantify, and they include the emotional stress and mental anguish that an accident can cause. Your lawyer can help you value these damages based on the extent of your injury. This could be based on the ability to carry out the things you were previously able to do or your loss of a relationship with your family. Statute of Limitations A legal principle known as the statute of limitations obliges anyone injured in an accident file an action within a specified date or else the claim will be dismissed. This is to prevent evidence from being lost or forgotten, and to stop people from drag 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 some exceptions to the time period for filing a claim. If you need assistance in determining whether your case is one of these exceptions, it is best to seek legal advice. The statute of limitations applies only to lawsuits that are filed in the court. Insurance claims are usually used to resolve injury cases and do not require formal lawsuits. Even so, it is important to leave yourself enough time to file a lawsuit just in case insurance negotiations do not go as planned or an issue arises that cannot be easily addressed through the insurance system. Certain circumstances can stop the clock of the statute of limitations however these cases are very rare and have to be considered on a case-by-case basis. The statute of limitations might not be established until the victim is aware or should have known that the injury was caused by another's negligence. In some states, such as New York, it is different for claims that are made against municipalities. Complaint A personal injury lawsuit is brought by a victim against the person who caused the injury. The plaintiff claims that the defendant breached their duty of care, and that this breach resulted in loss and harm to the plaintiff. The defendant is then accountable for the damages. The complaint is the initial document filed in a personal injury case. It provides detailed details about the incident that led to your injuries as well as the damages you seek. The complaint also includes a “prayer of relief” which describes what you want the court to do. The complaint and summons must be delivered to the defendant. The defendant must respond to the complaint within a set of time frames and either accept or deny all allegations made in the complaint. The defendant can also file a counterclaim against the plaintiff or bring in another 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 collect all relevant information and include it in the case. The evidence will also help us negotiate with the attorney of the defendant or insurance companies to negotiate the best settlement possible. Preliminary Conference In a personal injury lawsuit, your attorney must prove that the negligence of the defendant led to your accident. You must be able to prove that you sustained injuries as a result of your accident, and that those injuries warrant financial compensation. It's a long process, but it is at the trial that you'll be able to determine if you receive the damages you deserve. In a jury trial, your lawyer will argue that the defendant is responsible and must pay you for your losses. The defendant will provide evidence that their actions do not contribute to the accident, which prevents them from having to pay you for your losses. Before Merced injury attorney can proceed to trial, you must attend a preliminaries conference. This is the first time your case is subject to deadlines set by a judge. This is also the time when your attorney will discuss the case with the defense. Preliminary conferences are typically conducted by a judicial register or a member of the court's staff. 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. If, however, a person is unable to attend in person they can take part via phone or online, with the consent of the convenor. 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: expedited standard or complex. Bill of Particulars When a summons and complaint are filed, the defendants identified in the lawsuit are given twenty or thirty days to file an Answer (although this deadline can be extended with the court's permission). When the Answer is filed, the case moves into what is called the discovery phase. In this stage, both parties exchange information via written discovery demands and depositions. At the conclusion of discovery, the plaintiff's attorney prepares what is known as a Bill of Particulars. The document details the legal claims that are being made and the relief sought, usually the award of damages in cash. The Bill of Particulars is intended to inform the defendant notice of the specific legal claims being made, so that he or she can prepare effectively for trial. The court must examine the Bill of Particulars before it is able to be followed. Generally, the court will only accept a Bill of Particulars that is not vague or broad. A Bill of Particulars must only include the specific acts of neglect that are being claimed and not include any new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ) for instance was a case where the court ruled that the plaintiff was not negligent. In 1994, the court affirmed a motion to strike any references to willful or intentional acts in a medical malpractice case. The court will not permit the introduction of a new doctrine of recovery at a disproportionately late stage in the case. To avoid causing prejudice an amendment made late to the Bill of Particulars must be supported by an affidavit, which gives a reasonable explanation of the delay of this amendment. Physical Examination 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 required to conduct a medical exam. This type of examination is required under Washington law, could be beneficial to your case. Typically, IMEs are conducted by doctors medical who are hired by the insurance company representing the defendant and their goal is to offer an alternative perspective to your injuries. These doctors, who are sometimes referred to as “independent” are able to have their own goals and financial interests in reducing the compensation that is given to victims of injuries. Your Orange County personal injury attorney will ensure that you are aware of what you can expect from an IME and will provide a copy to the doctor of the relevant medical records. Your lawyer will also be present at the IME and can ensure that you are examined with respect and courtesy by ensuring that doctors ' questions aren't divergent from those in your medical records. It is not advisable to downplay or exaggerate the severity of your injuries to the doctors. They are trained to detect dishonesty, and could utilize this information in court.