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What is a Personal Injury Lawsuit? If you've been hurt through the actions or inactions, you may be entitled to compensation. To learn more about your rights under the law, contact an experienced personal injury lawyer. A personal injury lawsuit is civil litigation where the plaintiff seeks compensation for their losses. This includes medical expenses or lost wages, as well as property damage. The process can take several months to several years. Damages A personal injury lawsuit is a process to compel a person or entity to pay money for damages related to an accident. The party who suffered the injury is known as the plaintiff and the parties accountable are known as defendants. When someone dies as a result of the carelessness or infractions committed by others the wrongful death case are often included in personal injury claims. Napa injury attorney of a victim are typically divided into two categories: compensatory and punitive. Compensatory damages include medical bills as well as pain and loss compensation, and other out of pocket expenses. Punitive damages, which are not common, are meant to punish the offender for committing extreme crimes. The first type of damages is often known as “economic damages.” This includes all out-of-pocket expenses associated with the accident and injuries. This could include hospital bills as well as doctor's fees and therapy costs. In certain cases additional expenses, such as the cost of traveling to and from appointments or modifications made to your home to accommodate permanent disabilities may be included in the claim. Non-economic damages can also be referred to by the term “pain and suffer” damages. They are more difficult to quantify and are a result of the emotional distress, mental suffering and anguish that accidents can cause. Based on the severity of your injuries your lawyer will assist you to place a value on these damages. This may be based on your ability to carry out the activities you used to or your loss of consortium with family. Statute of Limitations A legal principle known as the statute of limitation obliges anyone injured in an accident should file an action within a specified date or their claim will be dismissed. This is done to prevent evidence from being forgotten or lost and to stop people from dragging incident-related litigation out indefinitely. The time frame for filing a claim is different from one state to another, but the majority of personal injury claims have a limit of between two and four years. However there are exceptions that may prolong the time that a victim must make a claim, and they should seek legal advice when to determine whether or not their case falls within one of the exceptions. A key aspect of the statute of limitations is that it only applies to the filing of an action in court. Many cases of injury are resolved through the process of filing an insurance claim and do not require a formal lawsuit filing. It is still important to allow yourself enough time to start a lawsuit in the event that negotiations with insurance don't go as planned, or if a problem occurs which cannot be resolved through insurance. Certain circumstances may stop the clock of the statute of limitations however, these situations are rare and generally need to be analyzed on an individual case-by-case basis. For instance the statute of limitations may not start running until the victim discovers or reasonably should have discovered that their injury was caused by someone else's negligent actions. In certain states, like New York, the statute of limitations 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 who caused the injury. It claims that the defendant breached their duty of care and this breach resulted in damage and losses for the plaintiff. The defendant is then held accountable for the losses. The complaint is the first document filed in a personal injury lawsuit. It includes specific allegations regarding the incident that caused your injuries and the damages you want. It also contains an “prayer for relief” that outlines what you would like the court to do. The summons and complaint should be handed over to the defendant. The defendant must respond to the complaint within certain time frames and either accept or deny all allegations in the complaint. The defendant may also make a counterclaim against the plaintiff or introduce another defendant as third-party defendant. A successful personal injury lawsuit relies on solid evidence, including medical documents and testimony from witnesses. We work closely with our clients to collect the relevant information and incorporate it in the case. The evidence can also help us negotiate with the attorney for the defendant or insurance representatives to get the best settlement offer possible. Preliminary Conference In a personal injury lawsuit, your attorney must prove that the defendant's negligence caused your accident. You must also prove that you were injured in your accident and that your injuries are worth financial compensation. This can be a long process, but the trial is where you can finally determine whether you'll be awarded the damages you're entitled to. In the case of a trial before jurors the lawyer will argue the defendant's responsibility and they will argue that they have to pay for your losses. The defendant will present evidence to show that their actions were unrelated to the accident. This will prevent them from paying you for your losses. You must attend a pre-trial discussion prior to proceeding with the trial. This is often the first time that your case will be subject to deadlines that are 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 of the court's staff, typically holds preliminary conferences. All participants must attend the preliminary conference in person unless the case has been handled by the New York's Differentiated Case Management Rule or the Rules are otherwise exempted. If a party is not able to attend in person, the convenor can allow them to participate by phone or via the internet. 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 under one of three categories: complicated or expedited standard. Bill of Particulars When a summons and complaint are filed, the defendants named in the lawsuit have the option of having twenty or thirty days to file an Answer (although this time frame can be extended if the court gives approval). When the Answer is filed, the case is moved to what is called the discovery phase. In this phase the parties exchange information in the form of written demand for discovery and depositions. Following the conclusion of discovery The attorney for the plaintiff prepares what is known as a Bill of Particulars. This document provides the legal claims being made and the relief sought – usually the award of damages in cash. The Bill of Particulars is intended to put the defendant on notice of the specific legal claims being made so that he or she is able to effectively prepare for trial. Before a Bill of Particulars can be accepted, it must be reviewed by the court. Generally speaking, the court will only abide by a Bill of Particulars that is not vague or broad. A Bill of Particulars should be limited to the specific acts of negligence claimed and should not add new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ) for instance was a case in which the court ruled that the plaintiff had not been negligent. 1994) the court granted a motion to strike all 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 unreasonably late. In order to avoid resultant prejudice, a belated amendment to the Bill of Particulars should only be allowed when supported by an affidavit that provides an acceptable explanation for the lateness of the amendment. Physical Examination You may question why a doctor, who doesn't know you, or your medical history, and isn't familiar with the details of your accident, should be required to conduct a medical examination. This type of exam is required by Washington law, could be beneficial to your case. Typically, IMEs are conducted by medical doctors who are employed by the insurance company of the defendant and their goal is to provide a different perspective on your injuries. Although they are often called “independent,” these physicians, just like insurance companies have their own agendas and financial stake in cutting down on the amount of compensation that could be awarded to an injured victim. Your Orange County personal injury attorney will make sure you know what to expect from an IME and will provide an IME doctor with a copy of all pertinent medical records. Your lawyer will be present during the IME to ensure that the questions asked by the doctor are in accordance with your medical records. It is crucial to avoid playing around with the severity of your injuries with these doctors, as they are trained to recognize fraud and could make use of this information against you at trial.