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What is a Personal Injury Lawsuit? If you have been injured by another person's actions or inactions, you could be entitled to compensation. Contact a seasoned personal injury lawyer to find out more about your rights. A personal injury lawsuit is a civil litigation in which the plaintiff seeks compensation for their loss. This includes medical expenses, lost wages and property damage. The process can take several months to several years. Damages A personal injury lawsuit is a process to compel a person or entity to pay money for damages related to an accident. The injured party is known as the plaintiff, while the parties accountable are known as defendants. Personal injury cases can also include the wrongful death of a person who dies because of the inattention or negligence of others. Damages are typically classified into two categories: punitive and compensatory. Compensatory damages are meant 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 are rare and designed to punish the perpetrator for their extreme behavior. This category includes all expenses caused by the accident or injury. These may include hospital expenses as well as doctor's fees and therapy costs. In some cases, additional expenses like the cost of traveling to and from appointments, or modifications to your home due to permanent disabilities may also be included in a claim. Non-economic losses are often described as “pain and suffering” damages. These damages are harder to quantify, and they include the emotional stress and mental stress that an accident can cause. Based on the extent of your injuries, your lawyer will assist you to estimate the value of the damages. It could be based on the ability to participate in activities that you previously enjoyed or the loss of your relationship with family members. Statute of limitations Under a legal rule called the statute of limitations, any person who suffers an injury in an accident must make a claim within a certain time frame or else their claim will be rejected by the courts. Santa Clarita injury lawyers is to safeguard evidence from being lost or forgotten and to prevent people from dragging out incident-related litigation indefinitely. The exact length of time for filing a claim is different from state to state however personal injury claims generally have a two- to four-year limitation. However, there are exceptions that can extend the amount of time required for a victim to make a claim, and they should seek legal advice for help to determine if their case falls within one of these exceptions. The statute of limitations only applies to lawsuits that are filed in court. Insurance claims are typically used to settle injury cases and do not require formal lawsuits. But, it's important to leave yourself plenty of time to file a lawsuit just in case insurance negotiations fail to go as planned or an issue arises that can't be resolved through the insurance system. Certain circumstances may stop the statute of limitations clock however, these situations are extremely rare and need to be considered on an individual case-by-case basis. The statute of limitations may not be established until the victim is aware or should have known that the injury resulted from someone else's negligence. In some states, such as New York, it is different for claims against municipalities. Complaint A personal injury lawsuit is a civil suit initiated by a victim against the person or entity that caused the injury. It claims that the defendant violated their duty of care and that this breach resulted in harm and losses for the plaintiff. The defendant is accountable for the damages. The complaint is the initial document that is filed in a personal injury lawsuit. It includes specific allegations about the incident that led to your injuries and the damages you seek. The complaint also includes the “prayer of relief” which outlines what you would like the court to do. The summons and complaint must be given to the defendant. The defendant must respond to the complaint within certain 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 a different defendant as a third-party defendant. A successful personal injury lawsuit is built on solid evidence, such as medical records and witness testimony. We work closely with our clients to ensure that all relevant information is collected and included in the case. The evidence will also assist us negotiate with the attorney of the defendant or insurance representatives to get the best settlement offer possible. Preliminary Conference In a personal injury case, your attorney must prove that the negligence of the defendant caused your accident. You must also prove you suffered injuries in your accident and that these injuries are worth an amount of money. It's a long process, but it is at the trial that you will finally know if you will be awarded the compensation you deserve. In a jury trial, your lawyer will argue that the defendant is liable and must pay you for the losses you suffered. 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 typically the first time that your case will have deadlines that are set by the Court itself. This is also the time when your attorney will discuss the case with the defense. Preliminary conferences are typically conducted by a judicial registrar, or someone on the court's staff. All parties must attend the initial conference in person unless the case has been handled under the New York's Differentiated Case Management Rule or the Rules are otherwise exempted. However, if a party is unable to attend in person they can participate via telephone or on the internet with the approval of the convenor. If your case will be part of the Differentiated Case Management Program, a preliminary meeting is also an opportunity to determine whether your case falls within one of three categories namely advanced standard or complex. Bill of Particulars After the complaint and summons have been filed, the defendants named in the lawsuit will have between twenty and thirty days (although this time frame can be extended by the court). After the Answer is filed, the case moves into what is called the discovery phase. In this stage the parties exchange information through written demands for discovery and depositions. The lawyer of the plaintiff drafts the Bill of Particulars at the end of the discovery. This document outlines legal claims and the relief sought, usually an award of money damages. The Bill of Particulars is meant to inform the defendant of the specific legal claims made, so that they can prepare for trial. Before a Bill of Particulars can be followed, it must be examined by the court. In general, a court will only accept the Bill of Particulars if it isn't vague or overly broad. A Bill of Particulars should be limited to the specific acts of negligence being claimed and should not add new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ), for example, was a case where the court found that the plaintiff was not negligent. 1994) the court granted the motion to strike references to willful and intentional acts from a medical malpractice claim. The court will also not allow a new doctrine to be added at any point in the case that is unreasonably late. To avoid negative consequences, an amendment made late to the Bill of Particulars should only be allowed when supported by an affidavit stating an adequate explanation for the delay in the amendment. Physical Examination You might be wondering why a doctor who isn't familiar with you or your medical history and is unfamiliar with the details of your accident, should be asked to conduct a medical examination. This type of exam, which is required by Washington law, could be beneficial to your case. IMEs are typically conducted by doctors employed by the insurance company of the defendant. They are there to offer a different perspective on your injuries. Although they are sometimes referred to as “independent,” these physicians, just like insurance companies have their own agendas and financial motives in cutting down on the amount of compensation that may be given to a victim of injury. If you decide to undergo an IME, your Orange County personal injury lawyer will ensure that you are well-informed about what to expect and provide copies of all relevant medical records to the doctor to examine. Your lawyer will also be present at the IME and will ensure that you are being treated with respect and courtesy by ensuring that questions of the doctor do not diverge from the ones in your medical records. It is essential to not play up or down the severity of your injuries to the doctors, since they are trained to recognize dishonesty and may make use of this information against you in trial.