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What is a Personal Injury Lawsuit? You may be entitled to compensation if you have been injured due to the actions or inactions of someone else. Contact a knowledgeable personal injury lawyer to learn more about your rights. A personal injury lawsuit is a civil dispute in which the plaintiff seeks money to compensate for their losses, such as medical bills, lost wages property damage and other expenses. The process can take anywhere from several months to several years. Damages A personal injury lawsuit is a legal proceeding to compel a person or entity to pay you money for damages related to an accident. The plaintiff is the victim and the defendants are the ones responsible. When someone dies as a result of the inattention or negligence of others In wrongful deaths, the case are often included in personal injury lawsuits. The damages a victim suffers are usually divided into two categories which are: punitive and compensatory. Compensatory damages are intended to make the victim whole again, including out-of-pocket expenses such as medical bills and compensation for pain and suffering. Punitive damages, which are rare, are meant to punish the perpetrator if they have committed extreme actions. The first category of damages is usually called “economic damages.” This is the term used to describe all out-of-pocket expenses associated with the accident and injuries. Baldwin Park injury lawsuit may include hospital expenses as well as doctor's fees and therapy costs. In some instances other expenses such as the cost of traveling to and from appointments, or modifications to your home to accommodate permanent disabilities may also be included in the claim. Non-economic damages are commonly called “pain and suffering” damages. These damages are harder to quantify, and they comprise the emotional distress and mental anguish caused by accidents. Depending on the extent of your injuries, your lawyer can help you place a value on these damages. This might be based on your ability to enjoy activities you previously enjoyed or your loss of connection with family members. Statute of limitations A legal requirement known as the statute of limitation requires that anyone who is injured in an accident should file a lawsuit before a certain date or the claim will be dismissed. This is to protect evidence from being lost or lost in the shuffle and to stop people from drag out incident-related litigation indefinitely. The time frame for filing a claim varies from one state to another, but most personal injury claims have a limit of two to four years. There are certain exceptions to the to file claims. If you require assistance in determining whether your case falls within one of these exceptions, it is best to seek legal advice. The statute of limitations only applies to lawsuits filed in the court. Insurance claims are often used to settle injury cases and do not require formal lawsuits. But, it's crucial to give 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. Certain circumstances may stop the clock on the statute of limitations however, these situations are extremely rare and need to be evaluated on an individual basis. For instance the statute of limitations might not start running until a victim discovered or ought to have realized that their injury was caused by a negligence, and in certain states, like New York, the statute of limitations differs for claims against municipalities. Complaint A personal injury lawsuit is a civil suit filed by an injured party against the person or entity who caused the injury. It alleges that the defendant violated the duty of care, that this breach caused harm and losses to the plaintiff, and that the defendant is liable for those damages. The complaint is the initial document filed in a personal injury lawsuit. It provides detailed details concerning the incident that caused your injuries, as well as the damages you are seeking. It also contains the “prayer for relief” which outlines what you would like the court to do. The complaint must be served on the defendant along with a summons that is a notice that they are being sued. After the complaint is filed, the defendant has to respond to the complaint within a certain time frame, and must either accept or deny the allegations in the complaint. The defendant can also file a counterclaim or add another defendant to the case as third party defendant. A successful personal injury lawsuit is built on solid evidence, including medical records and witness testimony. We work closely together with our clients to collect the relevant information and incorporate it in the case. The evidence we gather will also assist us in negotiate with the defense attorneys or insurance companies to get the best possible settlement offer. Preliminary Conference In a personal-injury lawsuit your lawyer must show that negligence on the part of the defendant led to your accident. You must also prove that you suffered injuries due to your accident and that your injuries are a valid reason for financial compensation. It can be a lengthy process, but the trial is when you will be able to determine if you'll get the damages you're entitled to. In a trial before a jury, your lawyer will argue that the defendant is accountable and has to pay for the losses you suffered. The defendant will argue that their actions do not contribute to the accident, which will keep them from having to compensate you for your losses. Before proceeding to trial, you must attend a preliminary conference. This is the first time that your case will be subject to deadlines imposed by a judge. This is also the time when your lawyer will discuss the matter with the defense. Preliminary conferences are typically conducted by a judicial register or an individual from the court's staff. Unless the case is being handled in accordance with the New York's Differentiated Case Management Rule, or is otherwise exempt from the Rules, all participants are required to attend in person. If a party is unable to attend in person they may participate via phone or internet with the permission of the convenor. If your case is going to be a part of the Differentiated Case Management program, a preliminary conference will also be an opportunity to identify whether your case falls under one of the three classifications – expedited, standard or complex. Bill of Particulars After a complaint and summons are filed, the defendants who are named in the lawsuit have either twenty or thirty days in which to submit an Answer (although this time frame can be extended with the court's approval). After the Answer is filed, the case is moved to what is called the discovery phase. In this phase, both parties exchange information through written demands for discovery and depositions. The plaintiff's lawyer prepares the Bill of Particulars at the end of the discovery. The document is a legal declaration of claims and the relief sought – typically the award of damages in cash. The Bill of Particulars is meant to inform the defendant of the specific legal claims that are made so that they can prepare for trial. The court must look over a Bill of Particulars before it is allowed to be enforced. Generally speaking, the court will only abide by a Bill of Particulars that is not vague or overly broad. A Bill of Particulars should be limited to the specific negligence that is being asserted and should not include new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ), for example, was a case where the court found that the plaintiff had not been negligent. 1994) The court ruled in favor of a motion to strike all references to willful and intentional acts from a medical negligence claim. Similarly, the court will not permit the addition of a new theory of recovery at an unreasonably late point in the action. To avoid negative consequences, an amendment made late to a Bill of Particulars should only be allowed if accompanied by an affidavit offering a reasonable excuse for the lateness of the amendment. Physical Examination If a defense attorney, or an insurance company requests that you take part in an Independent Medical Examination (IME) Your first reaction may be to question the reason why a doctor who does not know you, your medical history, and the specifics of your incident is required to conduct an examination. But, this type of exam is actually an obligation under Washington law, and it could be beneficial in your case. IMEs are usually performed by doctors who are employed by the insurer of the defendant. Their goal is to offer a different perspective on your injuries. These physicians, who are often referred to as “independent”, have their own agendas and financial stakes in reducing the compensation that can be 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 give a copy to the doctor of the relevant medical records. Your lawyer will also be present at the IME and will make sure that you are being treated with respect and courtesy by ensuring that doctors ' questions aren't divergent 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 fraudulent behavior, and can use this information at trial.