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What is a Personal Injury Lawsuit? You could be eligible for compensation if you have suffered injuries due to the actions or inactions of another person. Contact an experienced personal injury attorney to learn more about your rights. A personal injury lawsuit is civil litigation in which the plaintiff seeks compensation for their losses. This can include medical bills or lost wages, as well as property damage. The process can last from several months to several years. Damages A personal injury lawsuit is a legal action which is filed to compel another person, or entity to pay you compensation for damages caused by an accident. The plaintiff is the one who was injured, and the defendants are accountable. If someone dies as the result of inattention or negligence of others the wrongful death case are often included in personal injury claims. The damages of a victim are typically broken down into two groups that are punitive and compensatory. Compensatory damages are intended to make the victim whole again, including out-of-pocket expenses such as medical bills as well as compensation for pain and suffering. Punitive damages, which are very rare and are intended to punish the wrongdoer for committing extreme acts. The first category of damages is usually referred to as “economic damages.” This is the term used to describe the cost of out-of-pocket expenses incurred due to the accident or injury. This could include hospital bills medical expenses, doctor's charges and physical therapy costs. Some claims could also cover additional expenses, such as the cost of travel to and from appointments or modifications to your home to accommodate a permanent disability. Non-economic damages can also be referred to by the term “pain and suffer” damages. They are more difficult to quantify and include the emotional distress, mental anxiety and suffering caused by accidents. Depending on the severity of your injuries, your lawyer will help you place a value on the damages. This may be based on your ability to carry out the things you did before or your loss in consortium with family. Statute of limitations Under a legal rule called the statute of limitations, anyone who suffers an injury in an accident must bring a lawsuit within a specified time or else their claim will be dismissed by the courts. This is done to prevent evidence from being lost or lost, and also to stop individuals from dragging litigation relating to incidents out for an indefinite period. The exact time limit differs from one state another, but the majority of personal injury claims have a limit of two to four years. However there are exceptions that could extend the time required for a victim to file their claim and they should seek legal advice for assistance in to determine if their case falls into one of the exceptions. The statute of limitations applies only to lawsuits that are filed in court. Insurance claims are usually used to resolve injury cases and do not require formal lawsuits. But, it's important to allow yourself plenty of time to file a lawsuit in the event that insurance negotiations fail to go as planned or an issue arises that cannot be easily addressed through the insurance system. Some circumstances can pause the clock on the statute of limitations, however they are rare and need to be evaluated on a case-by case basis. For example, the statute of limitations may not start running until the victim discovers or reasonably should have discovered that their injuries were caused by someone else's negligent actions. In some states, such as New York, the statute of limitations is different for claims against municipalities. Complaint A personal injury lawsuit is filed 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 harm and losses for the plaintiff. The defendant is then held accountable for the losses. The complaint is the primary document filed in a personal injury case. It provides detailed details about the incident that caused your injuries, as well as the damages you seek. The complaint also contains a “prayer of relief” that outlines what you would like the court to do. The complaint must be served on the defendant, along with a summons, which is a notice that they are being sued. After Berkeley injury attorneys is filed, the defendant is required to file an answer to the complaint within a specified time frame, and must either accept or deny the allegations made in the complaint. The defendant can also make a counterclaim against the plaintiff or introduce another defendant as a third-party defendant. A successful personal injury lawsuit is built on solid evidence, which includes medical records and witness testimony. We work closely together with our clients to gather the relevant information and incorporate it in the case. The evidence we have can also assist us to negotiate with the defense attorneys or insurance agents to get the best possible settlement offer. Preliminary Conference In a personal-injury case, your lawyer must prove that negligence on the part of the defendant led to your accident. You must also prove that you suffered injuries in your accident and that your injuries are worth an amount of money. It's a long process, but it's at the trial that you'll find out if you receive the damages you deserve. In the case of a trial before the jury your lawyer will argue that the defendant is at responsibility and the need to compensate you for your losses. The defendant will provide evidence that their actions do not contribute to the accident, which will prevent them from having to reimburse you for your losses. Before you can proceed to trial you must attend a preliminaries conference. This is typically the first time that your case will have deadlines established by the Court itself. This is also the time when 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 participants must attend the preliminary conference in person unless the case has been handled in accordance with New York's Differentiated Case Management Rule or the Rules are exempted in other ways. If a party is unable to attend in person, the convenor is able to permit them to participate via phone 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: advanced standard or complex. Bill of Particulars After a complaint and summons are filed, the defendant parties who are named in the lawsuit have the option of having twenty or thirty days to submit an Answer (although this deadline can be extended with the court's approval). When the Answer is filed, the case enters what is known as the discovery phase. In this phase both sides exchange information in the form of written demands for discovery and depositions. The plaintiff's lawyer prepares the Bill of Particulars at the end of the discovery. This document outlines 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 inform the defendant notice of the specific legal claims being made so that they is able to effectively prepare for trial. The court must look over the Bill of Particulars before it is able to be followed. Generally speaking, the court will only comply with a Bill of Particulars that is not vague or overly broad. A Bill of Particulars should be limited to the specific acts of negligence claimed and should not contain new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ) for instance was a case where the court found that the plaintiff had not been negligent. 1994), the court sustained the motion to strike all references to intentional and willful acts from a medical negligence claim. Similarly, the court will not permit the addition of a new theory of recovery at an unreasonable late stage in the litigation. To avoid adverse consequences, a late amendment to the Bill of Particulars should only be allowed if accompanied by an affidavit stating a reasonable excuse for the lateness of the amendment. Physical Exam If a defense attorney or insurance company demands that you attend an Independent Medical Examination (IME), your natural first instinct might be to ask the reason why a doctor who does not know you or your medical history and the particulars of your incident is requested to conduct an exam. This type of examination is required under Washington law, can be beneficial to your case. IMEs are typically performed by doctors who are employed by the insurance company of the defendant. Their goal is to offer a different view of your injuries. These doctors, who are sometimes referred to as “independent”, have their own goals and financial interests in reducing the amount of compensation that can be paid to victims. 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 the complete set of medical records for the doctor to review. Your lawyer will also be present at the IME and will ensure that you are being examined with respect and courtesy by ensuring that doctors questions do not deviate from the ones you have in your medical records. It is crucial to avoid playing around with the severity of your injuries with the doctors, since they are trained to spot fraud and could make use of this information against you in trial.