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What is a Personal Injury Lawsuit? You may be entitled to compensation if have suffered injuries due to the actions or inactions of another person. To learn Whittier about your legal rights, contact an experienced personal injury lawyer. A personal injury lawsuit is a civil dispute where the plaintiff is seeking compensation for their losses, such as medical bills, lost wages, property damage, and other costs. The process can take anywhere from a few months to several years. Damages A personal injury lawsuit is a legal proceeding to compel another person or entity to pay money for damages related to an accident. The plaintiff is the victim and the defendants are responsible. If someone dies as a result of carelessness or infractions committed by others, wrongful death cases are often included in personal injury claims. The damages a victim suffers are usually broken down into two groups which are: punitive and compensatory. Compensatory damages are meant to make the victim whole again, including out-of-pocket expenses such as medical expenses and compensation for suffering and pain. Punitive damages, which are very rare, are meant to punish the wrongdoer when they have committed a number of extreme acts. The first type of damages is typically referred to as “economic damages.” This includes any out-of-pocket costs resulting from the accident and injuries. These could include hospital bills as well as doctor's fees and therapy costs. In some instances, additional expenses like the cost of travelling to and from appointments or modifications made to your home for permanent disabilities can be included in the claim. Non-economic damages are also described as “pain and suffer” damages. They are more difficult to quantify and involve the mental and emotional stress, anxiety and suffering that an accident can cause. Your lawyer will help you evaluate these damages based upon the extent of your injury. This might be based on the ability to continue enjoying the activities you used to do or the loss of your relationship with family members. Statute of limitations A legal rule known as the statute of limitations stipulates that anyone injured in an accident file an action before a specific date or else the claim will be dismissed. This is done to stop evidence from being forgotten or lost, and to prevent people from dragging incident-related litigation out for an indefinite period. The exact duration of time is different between states, however personal injury claims generally have a two-to four-year limit. There are certain exceptions to the limit for filing a claim. If you need assistance to determine if your claim falls under one of these exceptions, then it is best to seek legal advice. One of the main facets of the statute of limitations is that it only applies to the filing of an action in a court. Insurance claims are often used to settle injury cases and do not require formal lawsuits. It is nevertheless important to allow yourself enough time to file a lawsuit in the event that insurance negotiations do not go as planned or if there is a problem that is not resolved by insurance. Certain circumstances can stop the clock of the statute of limitations, but these instances are extremely rare and need to be considered on a case-by-case basis. The statute of limitations may not start until the person realizes or should have realized that the injury was caused by another's negligence. In certain states, such as New York, it is different for claims that are made against municipalities. Complaint A personal injury lawsuit is filed by the victim against the party who caused the injury. It claims that the defendant violated their duty of care and that this breach caused harm and losses for the plaintiff. The defendant is held accountable for the losses. The first document you file with a personal injury lawsuit is known as the complaint. It includes specific allegations regarding the incident that caused your injuries. It also outlines the damages you are seeking. The complaint also contains the “prayer for relief” which outlines what you want the court to do. The complaint and summons must be handed over to the defendant. The defendant must respond to the complaint within certain time limits and either admit or deny the allegations in the complaint. The defendant may also file a counterclaim or add another defendant to the case as third party defendant. A successful personal injury lawsuit relies on solid evidence such as medical documents and testimony from witnesses. We work closely together with our clients to collect the relevant information and incorporate it in the case. The evidence we have will also assist us in negotiate with the defendants' 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 were injured in your accident and that your injuries are worth the amount of financial compensation. It's a long process, but it's at the trial that you will be able to determine if you get the compensation you deserve. In a trial before the jury your lawyer will argue the defendant's responsibility and they will argue that they have to be held accountable for your losses. The defendant will present evidence to show that their actions were not related to the accident. This will prevent them from settling your losses. Before proceeding to trial, you must attend a preliminaries conference. This is the first time your case will be subject to deadlines imposed by a judge. It is also the time that your lawyer will discuss the case with the defense. Preliminary conferences are usually conducted by a judicial registrar or a member of the court's staff. All participants must attend the preliminary conference in person unless the case is handled by 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 phone or internet with the permission of the convenor. If your case is going to be part of the Differentiated Case Management program, a preliminary conference will also provide an opportunity to determine whether your case falls into one of the three classifications that are expedited, standard, or complex. Bill of Particulars After a summons or complaint are filed, the defendant parties identified in the lawsuit are given the option of having twenty or thirty days to submit an Answer (although this deadline may be extended if the court gives permission). After the Answer is filed, the case moves into what is called the discovery phase. During this stage the 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 – 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. Before a Bill of Particulars can be followed, it has to be reviewed by the court. In general, courts will only accept a Bill of Particulars that is not vague or broad. A Bill of Particulars must only include the specific acts of negligence that are being alleged and must not include new claims. For instance, in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. 1994) The court ruled in favor of the motion to strike all references to intentional and willful acts from a medical malpractice claim. Similarly, the court will not allow the introduction of a new theory of recovery at an unreasonably late point in the action. To avoid causing prejudice a late amendment to the Bill of Particulars must be supported by an affidavit that gives a reasonable explanation of the delay of this amendment. Physical Exam If a defense attorney or insurance company demands that you take part in an Independent Medical Examination (IME), your natural first instinct could be to wonder the reason a doctor who may not know you or your medical history and the particulars of your injury is requested to conduct an exam. However, this kind of exam is actually a requirement under Washington law and could be beneficial to your case. Typically, IMEs are conducted by doctors medical who are hired by the insurance company representing the defendant and aim to offer an alternative perspective to your injuries. These doctors, who are sometimes called “independent” and have their own agendas and financial stakes in reducing the amount of compensation which is paid to victims. If you decide to go through an IME If you decide to undergo an IME, your Orange County personal injury lawyer will ensure that you are aware of what to expect and provide the complete set of medical records to the doctor to look over. Your lawyer will also be present at the IME and will make sure that you are being examined fairly by ensuring that the doctors ' questions aren't divergent from the ones you have in your medical records. It is not advisable to downplay or exaggerate the severity of your injury to the doctors. They are trained to detect fraudulent behavior, and can use this information at trial.