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What is a Personal Injury Lawsuit? If you've been hurt through the actions or inactions, you may be eligible for compensation. Contact an experienced personal injury lawyer to learn more about your rights. A personal injury lawsuit is a civil dispute in which the plaintiff seeks money to cover their losses, including 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 an action to force another person or entity to pay compensation for the damage caused by an accident. The plaintiff is the victim and the defendants are the ones accountable. If someone dies as a result of negligence or wrongdoing by others the wrongful death case are often included in personal injury claims. The damages of a victim are typically divided into two categories that are punitive and compensatory. Compensatory damages are meant to ensure that the victim is completely for good, including out-of-pocket costs such as medical expenses as well as compensation for suffering and pain. Punitive damages are rare and are designed to punish the offender for extreme behavior. This category covers all expenses incurred as a result of the injury or accident. These could include doctor's bills, hospital costs and physical therapy costs. Some claims could also cover additional costs, like the cost of travel to and from appointments, or modifications to your home to accommodate a permanent disability. Non-economic damages can also be called “pain and suffer” damages. These are more difficult to quantify and are a result of the emotional distress, mental anguish and suffering that an accident can cause. Depending on the severity of your injuries, your lawyer will help you estimate the value of the damages. This could be based on the capacity to perform the things you did before or your loss in consortium with your family. 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 specific time period or the claim will be dismissed by the courts. This is to safeguard evidence from being lost or lost in the shuffle and to prevent people from dragging out litigation relating to incidents for an indefinite period. The exact time frame is different between states, however personal injury claims generally have a two- to four-year time limit. There are certain exceptions to the time to file claims. If you need assistance in determining whether your case is one of these exceptions, it is recommended to seek legal advice. The statute of limitations only applies to lawsuits that are filed in the court. Insurance claims are usually used to settle injury cases and do not require formal lawsuits. Even so, it is important to leave yourself enough time to pursue legal action just in case insurance negotiations fail to go as planned or an issue arises that cannot be easily addressed through the insurance system. Some circumstances can pause the clock on the statute of limitations, however they are rare and need to be evaluated on a case-by-case basis. The statute of limitation may not begin until the victim discovers or should have known that the injury was caused by another's negligence. In certain states, such as New York, it is different for claims against municipalities. Complaint A personal injury lawsuit is a civil suit filed by an injured party against the person or entity that caused the injury. It claims that the defendant breached a duty of care, that this breach caused harm and loss to the plaintiff, and that the defendant should be held liable for those damages. Santa Barbara injury attorney YouTube is the primary document filed in a personal injury lawsuit. It provides detailed details about the incident that led to your injuries, as well as the damages you are seeking. It also includes an “prayer for relief” that describes what you want 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 must submit an answer to the complaint within a specified time period, and they may either deny or admit the allegations made in the complaint. The defendant can also make a counterclaim against the plaintiff or bring in a different defendant as third-party defendant. A successful personal injury lawsuit depends on solid evidence including medical records and testimony from witnesses. We collaborate closely with our clients to ensure that all relevant information is gathered and included in the case. The evidence will also assist us negotiate with the attorney for the defendant or insurance representatives to get the most favorable settlement offer. Preliminary Conference In a personal injury case your lawyer must demonstrate that the negligence of the defendant led to your accident. You must also prove that you suffered injuries in your accident and that the injuries are worth financial compensation. It can be a lengthy process, but the trial is when you'll be able to decide if you'll get the damages you're entitled to. In the case of a trial before a jury your lawyer will argue that the defendant is at liability and that they must be held accountable for your losses. The defendant will provide evidence to show that their actions are not connected to the accident. This will stop them from paying 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 when your attorney will be discussing the issue with the defense. A judicial registrar, or an official of the court's staff, usually conducts preliminary conferences. All parties must attend the preliminary conference in person unless the case has been handled by New York's Differentiated Case Management Rule or the Rules are exempted in other ways. However, if a party cannot attend in person, they can participate via phone or internet with the permission of the convenor. If your case is to be part of the Differentiated Case Management program, a preliminary conference will also be an opportunity to identify whether your case falls within one of the three categories that are expedited, standard, or complex. Bill of Particulars After a complaint and summons are filed, the defendants named in the lawsuit have either twenty or thirty days in which to respond (although this deadline may be extended with the court's permission). Once the Answer has been filed, the case moves into what is called the discovery phase. In this period both sides exchange information in the form of written demands for discovery and depositions. The lawyer of the plaintiff drafts a Bill of Particulars at the end of discovery. The document is a legal declaration of claims and the relief sought, usually an award of money damages. The Bill of Particulars is intended to put the defendant on notice of the specific legal claims being made so that they is able to effectively prepare for trial. The court must review the Bill of Particulars before it is able to be followed. In general, a court will only accept the Bill of Particulars if it is not vague or broad. A Bill of Particulars must only include the specific acts of neglect that are being alleged and not include any 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 references to willful and intentional acts from a medical malpractice claim. The court will also not permit a new theory to be introduced at an point in the action that is unreasonablely late. To avoid negative consequences, an amendment made late to the Bill of Particulars should only be allowed when supported by an affidavit that provides a reasonable excuse for the lateness of the amendment. Physical Exam When a defense attorney or insurance company demands that you attend an Independent Medical Examination (IME) the first reaction might be to ask the reason why a doctor who does not know you and your medical history and the particulars of your incident is requested to conduct an exam. This type of exam is required under Washington law, can be beneficial to your case. Typically, IMEs are conducted by medical doctors who are employed by the insurance company representing the defendant and aim to provide a different view of your injuries. Although they are sometimes called “independent,” these physicians as well as insurance companies have their own agendas and financial motives in cutting down on the amount of compensation that can be awarded to an injured victim. 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 aware of what to expect and will provide a copy of all relevant medical records to the doctor to examine. Your lawyer will be present during the IME to ensure that the questions posed by the doctor are in accordance with your medical records. It is crucial to avoid playing up or down the severity of your injuries to these doctors, as they are trained to recognize dishonesty and may make use of this information against you at trial.