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What is a Personal Injury Lawsuit? You may be eligible for compensation if you have been injured due to the actions or inactions of a third party. Contact an experienced personal injury lawyer to find out more about your rights. A personal injury lawsuit is a civil matter where the plaintiff is seeking compensation for their losses, which include medical bills, lost wages, damages to property and other expenses. The process can take several months to a few years. Damages A personal injury lawsuit is a process to compel another person or entity to pay compensation for the damage caused by an accident. The injured party is known as the plaintiff and the parties responsible are referred to as defendants. If someone dies as a result of the carelessness or infractions committed by others the wrongful death case are often included in personal injury claims. The damages a victim suffers are usually divided into two categories: compensatory and punitive. Compensatory damages are meant to help the victim get back on track again, including out-of-pocket expenses like medical bills and compensation for suffering and pain. Punitive damages, which are not common, are meant to punish the offender for committing extreme actions. This category includes all expenses caused by the injury or accident. These might include doctor's bills, hospital costs and physical therapy expenses. In some instances other expenses such as the cost of traveling to and from appointments, or modifications made to your home to accommodate permanent disabilities may also be included in an insurance claim. Non-economic damages are often described as “pain and suffering” damages. These are more difficult to quantify and include the mental and emotional stress, anxiety and suffering caused by accidents. Depending on the severity of your injuries your lawyer will assist you to place a value on these damages. This could be based on your capacity to enjoy activities you were previously able to enjoy or the loss of your relationship with family members. Statute of limitations A legal requirement, known as the statute of limitations, any person who is injured in an accident must make a claim within a certain time frame or their claim will be dismissed by the courts. This is to protect evidence from being lost or forgotten, and to stop people from drag out litigation relating to incidents for an indefinite period. The exact duration of the time limit varies from one state to another, but most personal injury lawsuits have a time limit of between two and four years. There are certain exceptions to the limit for filing a claim. If you need assistance determining if your case 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 applies only to the filing of an action in court. Many injury cases are resolved through the process of claiming insurance and do not require a formal lawsuit filing. It is nevertheless important to give yourself enough time to start a lawsuit in the event that negotiations with insurance aren't as smooth as you had hoped, or if a problem occurs that cannot be resolved with insurance. A few circumstances can pause the statute of limitations clock, but these instances are rare and generally need to be evaluated on an individual case-by-case basis. The statute of limitations might not begin until the victim realizes or should have realized that the injury was caused by someone else's negligence. In certain states, like New York, it is different for claims 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 loss and harm to the plaintiff. The defendant is then accountable for the damages. The complaint is the initial document that you file in a personal injury lawsuit. It includes specific allegations concerning the incident that led to your injuries, and the damages you are seeking. The complaint also includes an “prayer of relief” which describes what you would like the court to do. The summons and complaint should be given to the defendant. The defendant must respond to the complaint within a set of time limits and either admit or deny the allegations made in the complaint. The defendant may also file a counterclaim or add a third party defendant to the case as third party defendant. A successful personal injury lawsuit is based on solid evidence, such as medical documents and witness testimony. We work closely together with our clients to collect all relevant information and include it in the case. The evidence we collect will also help us to negotiate with defendants' attorneys or insurance agents to negotiate the most favorable settlement offer. Preliminary Conference In a personal-injury lawsuit your lawyer must show that negligence on the part of the defendant caused your accident. You must be able to prove that you sustained injuries as a result of your accident, and that those injuries warrant financial compensation. It's a long process, but it's at the trial that you will be able to determine if you be awarded the compensation you deserve. In the trial before the jury your lawyer will argue for the defendant's responsibility and the need to compensate you for your losses. The defendant will provide evidence that their actions are unrelated to the accident, which prevents them from having to reimburse you for your losses. You must attend a pre-trial meeting before proceeding with the trial. This is usually the first time that your case will be subject to deadlines set by the Court itself. It is also the time where your lawyer will discuss the case with the defense. A judicial registrar, or an official from the court staff, usually conducts preliminary conferences. All parties must attend the preliminary conference in person, unless the case is handled by the New York's Differentiated Case Management Rule or the Rules are exempted in other ways. If a person is unable to attend in person, the convenor may permit them to attend via telephone or online. If your case is going to be part of the Differentiated Case Management program, a preliminary conference will also be a chance to determine whether your case falls within one of the three classifications which are expedited, standard or complex. Bill of Particulars After a summons or complaint are filed, the defendants 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). After the Answer has been filed, the case moves into the discovery phase. During this stage both parties exchange information through written discovery demands and depositions. After the discovery process is concluded The attorney for the plaintiff prepares what is known as a Bill of Particulars. This document outlines legal claims and the relief sought – typically an award of money damages. The Bill of Particulars is meant to inform the defendant of the specific legal claims that are made to help them prepare for trial. The court must look over a Bill of Particulars before it is able to be followed. Generally speaking, the court will only abide by a Bill of Particulars that is not overbroad or vague. A Bill of Particulars should be limited to the specific acts of negligence claimed and should not add new claims. Simi Valley injury lawyer . Jolly 203 A.D.2d (527 (2nd Dept. ) for instance was a case where the court ruled that the plaintiff was not negligent. 1994) the court granted a motion to strike all references to willful and intentional actions from a medical malpractice claim. The court will also not permit a new theory to be added at any stage in the litigation that is unreasonablely late. In order to avoid resultant adverse consequences, a late amendment to the Bill of Particulars should only be allowed when supported by an affidavit that provides an adequate explanation for the lateness of the amendment. Physical Exam You may question the reason why a doctor, who doesn't know you or your medical history, and isn't familiar with the specifics of your accident, should be asked to conduct a medical examination. However, this kind of exam is actually a requirement under Washington law and could be beneficial in your case. IMEs are usually performed by doctors who are employed by the defendant’s insurance company. Their aim is to offer a different perspective on your injuries. These doctors, sometimes referred to as “independent” and have their own goals and financial interests in reducing the amount of compensation which is awarded to injured victims. If you decide to undergo an IME If you decide to undergo an IME, your Orange County personal injury lawyer will ensure that you are well-informed about what to expect. They will provide the complete set of medical records for the doctor to examine. Your lawyer will also be present at the IME and will ensure that you are being examined in a fair manner by ensuring that the doctors ' questions aren't divergent from those in your medical records. It is crucial to not play with the extent of your injuries with these doctors, as they are trained to spot fraud and could use this information against you in trial.