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What is a Personal Injury Lawsuit? If you've been hurt through the actions or inactions, you could be eligible for compensation. To learn more about your legal rights get in touch with a seasoned personal injury lawyer. A personal injury lawsuit is a civil action where the plaintiff is seeking compensation for their losses, including medical bills, lost wages property damage, and other costs. The process can take anywhere from several months to several years. Damages A personal injury lawsuit is a legal process which is filed to force another individual or entity to compensate you for the damages that result from an accident. The injured party is known as the plaintiff while the responsible parties are called defendants. If someone dies as the result of the 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 that are punitive and compensatory. Compensation damages are based on medical bills, pain and suffering compensation, and other out of pocket expenses. Punitive damages are uncommon and are intended to penalize the perpetrator for their extreme behavior. This category covers all costs caused by the accident or injury. These might include doctor's bills or hospital costs, as well as physical therapy costs. In some cases, additional expenses like the cost of travelling to and from appointments or modifications made to your home due to permanent disabilities can also be included in the claim. Non-economic damages are also described as “pain and suffer” damages. They are more difficult to quantify and include the mental and emotional stress, anguish and suffering that an accident can cause. Depending on the severity of your injuries, your lawyer will assist you to place a value on these damages. Thousand Oaks could be based on your capacity to participate in activities that 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 limitations obliges anyone injured in an accident should file an action before a specific date or their claim will be dismissed. This is to prevent 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 limit for filing an injury claim. If you require assistance in determining whether your case falls within one of these exceptions, then it is recommended that you seek legal advice. A key aspect of the statute of limitations is that it applies only to the filing of a lawsuit in a court. Insurance claims are typically used to resolve injury cases and do not require formal lawsuits. However, it is important to allow yourself enough time to pursue legal action in the event that insurance negotiations fail to follow the plan or there is a problem that cannot be resolved through the insurance system. Certain circumstances can stop the clock on the statute of limitations, however they are extremely rare and have to be assessed on a case-by-case basis. For instance, the statute of limitations might not start to run until the victim discovers or should have reasonably discovered that their injuries were caused by someone else's negligent actions. In certain states, such as New York, the statute of limitations differs for claims against municipalities. Complaint A personal injury lawsuit is a civil action brought by an injured person against the person or entity who caused the injury. It claims that the defendant violated their duty of care and this breach resulted in loss and harm to the plaintiff. The defendant is accountable for the damages. The complaint is the first document filed in a personal injury case. It provides detailed details concerning the incident that caused your injuries, as well as the damages you are seeking. The complaint also contains an “prayer of relief” which outlines what you want the court to do. The complaint must be served to the defendant with a summons which is a notification that they are being sued. The defendant must respond to the complaint within certain deadlines and either admit or deny all allegations contained in the complaint. The defendant may also file a counterclaim, or add a third party defendant to the case by naming a third party defendant. A successful personal injury lawsuit relies on solid evidence including medical documents 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 gather will also assist us in negotiate with the defense attorneys or insurance companies to obtain the best settlement offer. Preliminary Conference In a personal injury lawsuit, 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 worthy of an amount of money. It can be a lengthy process, but it is at the trial that you will be able to determine if you receive the damages you deserve. In the trial before jurors, your lawyer will argue for the defendant's liability and that they must be held accountable for your losses. The defendant will present evidence to show that their actions were unrelated to the accident. This will prevent them from paying you for your losses. Before proceeding to trial, you must attend a preliminaries conference. This is usually the first time your case will have deadlines that are set by the Court itself. This is also when your lawyer will discuss the issue with the defense. A judicial registrar, also known as a member of the court staff typically conducts preliminary conferences. Unless the case is handled by the New York's Differentiated Case Management Rule, or if it is exempted from the Rules, all participants are required to attend in person. If a person is unable to attend in person, the convenor is able to permit them to participate via telephone or online. If your case is going to be part of the Differentiated Case Management program, the preliminary conference will be an opportunity to identify whether your case falls within one of the three classifications which are expedited, standard or complex. Bill of Particulars After the summons and complaint are filed, the defendants named in the lawsuit will be given twenty to thirty days (although this deadline may be extended by the court). Once the Answer has been filed, the matter moves into the discovery phase. In this phase, both sides exchange information in the form of written demand for discovery and depositions. The lawyer for the plaintiff prepares a Bill of Particulars at the end of discovery. This document outlines the legal claims being made as well as the relief sought, usually 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 they can effectively prepare for trial. The court must review the Bill of Particulars before it is allowed to be enforced. In general, courts will only abide by 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 not add any new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ) for instance, was a case where the court concluded that the plaintiff was not negligent. In 1994, the court affirmed a motion to strike references to intentional or willful actions in a medical malpractice case. In the same way, the court will not allow the addition of a new theory 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 lateness of this amendment. Physical Examination If a defense attorney, or an insurance company demands that you attend an Independent Medical Examination (IME) Your first reaction could be to wonder the reason a doctor who may not know you, your medical history, and the particulars of your accident is being asked to conduct an exam. This type of examination is required by Washington law, 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 view of your injuries. These doctors, often referred to as “independent”, have their own agendas and financial stakes in reducing the amount of compensation that can be awarded to injured victims. Your Orange County personal injury attorney will make sure you know what you can expect from an IME and will give an IME doctor with a copy of all relevant medical records. Your lawyer will be present during the IME to ensure that the questions asked by the doctor are in accordance with your medical records. It is important to avoid playing around with the severity of your injuries to the doctors, since they are trained to spot dishonesty and may make use of this information against you in trial.