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What is a Personal Injury Lawsuit? You could be eligible for compensation if you were injured as a result of the actions or inactions of another person. 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 money to compensate for their losses, such as medical expenses, lost wages, property damage, and other costs. The process can run between a few months and several years. Damages A personal injury lawsuit is a legal proceeding which is filed to force another individual or entity to pay you compensation for damages caused by an accident. The person who is injured is referred to as the plaintiff while the responsible parties are called defendants. If someone dies as the result of negligence or wrongdoing by others the wrongful death case are often included in personal injury lawsuits. The damages of a victim are typically divided into two categories: compensatory and punitive. Compensatory damages are meant to help the victim get back on track for good, including out-of-pocket costs like medical bills as well as compensation for pain and suffering. Punitive damages are not common and are designed to punish the offender for extreme behavior. The first category of damages is often called “economic damages.” This is the term used to describe all out-of-pocket expenses associated with the accident or injury. These might include doctor's bills as well as hospital expenses and physical therapy costs. In some cases additional expenses, such as the cost of travel to and from appointments or modifications made to your home due to permanent disabilities could be included in a claim. Non-economic losses are often called “pain and suffering” damages. These are more difficult to quantify and involve the mental and emotional stress, anxiety and suffering caused by accidents. Based on the extent of your injuries, your lawyer will assist you to estimate the value of the damages. This might be based on your capacity to enjoy activities you used to do or the loss of your relationship with family members. 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 specific time period or the claim will be dismissed by the courts. This is done to prevent evidence from being forgotten or lost, and also to stop individuals from dragging litigation relating to incidents out indefinitely. The exact time limit is different from one state to another, but most personal injury lawsuits have a time frame of between two and four years. However, there are exceptions that may extend the amount of time required for a victim to make a claim, and they should seek legal advice for assistance in to determine whether or not your case falls under one of the exceptions. Santa Clara injury lawsuit youtube.com of limitations only applies to lawsuits filed in the court. Insurance claims are typically used to resolve injury cases and do not require formal lawsuits. It is nevertheless important to allow yourself enough time to bring a lawsuit in the event that negotiations with insurance do not go as planned or if a problem occurs that cannot be resolved with insurance. A few circumstances can pause the statute of limitations clock however these cases are extremely rare and need to be evaluated on an individual case-by-case basis. For instance, the statute of limitations might not start running until a victim has discovered or ought to have realized that their injury was caused by someone else's negligent actions. In some states, such as New York, the statute of limitations differs for claims against municipalities. Complaint A personal injury lawsuit is a civil case filed by an injured party against the person or entity who caused the injury. It asserts that the defendant violated their duty of care, and that this breach resulted in harm and losses for the plaintiff. The defendant is then held responsible for these damages. The first document you file with a personal injury lawsuit is known as the complaint. It contains specific details about the incident that led to your injuries. It also lists the damages you seek. The complaint also includes an “prayer of relief” which describes what you would like the court to do. The complaint must be served to the defendant with a summons, which is a notice that they are being sued. The defendant must respond to the complaint within specific time limits and either admit or deny all the allegations contained in the complaint. The defendant may also file a counterclaim, or add a third party defendant to the case as a third party defendant. A successful personal injury lawsuit is based on solid evidence, such as medical records and witness testimony. We work closely with our clients to gather all relevant information and then include it in the case. The evidence we have will also help us to negotiate with the defense lawyers or insurance agents to get the best possible settlement offer. Preliminary Conference In a personal injury case the attorney for you must prove that the negligence of the defendant caused your accident. You must be able to prove that you sustained injuries due to your accident and that the injuries you sustained are worthy of financial compensation. It can be a lengthy process however, the trial is where you will be able to determine if you'll get 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 to prove that their actions were not related to the accident. This will prevent them from settling your losses. Before you can proceed to trial you must attend a preliminary conference. This is usually the first time your case will be subject to deadlines established by the Court itself. It is also the time where your attorney will discuss the case with the defense. Preliminary meetings are usually held 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 the participants are required to attend in person. However, if a party cannot attend in person, they are able to participate via telephone or on the internet with the permission of the convenor. If your case will be part of the Differentiated Case Management Program, an initial meeting also provides an opportunity to determine whether your case falls into one of three categories: complicated or expedited standard. Bill of Particulars After the summons and complaint have been filed, defendants named in the lawsuit will be given between twenty and thirty days (although this timeframe may be extended by the court). After the Answer is filed, the case is moved to what is known as the discovery phase. During this phase, both parties exchange information through written discovery demands and depositions. The lawyer of the plaintiff drafts the Bill of Particulars at the end of the discovery. The document is a legal declaration of 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, courts 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 being claimed and should not add new claims. For example in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. 1994) the court granted the motion to strike all references to intentional and willful acts from a medical negligence claim. The court will not allow a new doctrine to be added at an stage in the litigation that is unreasonable late. To avoid adverse consequences, a late amendment to a Bill of Particulars should only be permitted if supported by an affidavit stating a reasonable excuse for the delay in the amendment. Physical Exam If a defense attorney or insurance company requests that you take part in an Independent Medical Examination (IME), your natural first instinct may be to question the reason why a doctor who does not know you and your medical history and the details of your injury is requested to conduct an exam. However, this kind of examination is actually a requirement under Washington law, and it could be beneficial to your case. IMEs are usually conducted by doctors hired by the insurance company of the defendant. They are there to offer a different view of your injuries. While they are sometimes referred to as “independent,” these physicians – just like the insurance companies – have their own agenda and financial stake in decreasing the amount of compensation that can be granted to a victim who has been injured. If you decide to go through an IME the Orange County personal injury lawyer will ensure that you are fully informed about what to expect and provide copies of all relevant medical records to the doctor to review. Your lawyer will also be present at the IME and will make sure that you are being treated in a fair manner by ensuring that the doctors questions do not deviate from the ones in your medical records. It is important to not play up or down the severity of your injuries with these doctors, as they are trained to spot fraud and could utilize this information against you at trial.