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What is a Personal Injury Lawsuit? You could be entitled to compensation if have suffered injuries due to the actions or inactions of another person. To learn more about your rights under the law get in touch with a seasoned personal injury lawyer. A personal injury lawsuit is civil litigation where the plaintiff seeks compensation for their loss. This can include medical bills or lost wages, as well as property damage. The process can take anywhere from several months to several years. Damages A personal injury lawsuit is a legal proceeding to compel a person or entity to pay compensation for the damages resulting from an accident. The party who suffered the injury is known as the plaintiff and the parties responsible are referred to as defendants. Personal injury cases can include the wrongful death of a person who dies due to the negligence or wrongdoing of others. The damages a victim suffers are usually divided into two categories that are punitive and compensatory. Compensation damages are based on medical bills, pain and suffering compensation, and other out of pocket expenses. Punitive damages, which are not common, are meant to punish the wrongdoer if they have committed extreme crimes. This category covers all expenses incurred as a result of the injury or accident. This could include hospital bills medical expenses, doctor's charges and physical therapy costs. In certain cases other expenses such as the cost of traveling to and from appointments or modifications made to your home due to permanent disabilities may also be included in a claim. Non-economic damage can also be referred to by the term “pain and suffer” damages. These are more difficult to quantify and involve the emotional distress, mental suffering and anguish caused by accidents. Your lawyer will help you evaluate these damages based upon the severity of your injuries. It could be based on your ability to enjoy activities you were previously able to enjoy or the loss of your relationship with family members. Statute of limitations In a legal rule known as the statute of limitations, anyone who is injured in an accident must make a claim within a specific time period or their claim will be rejected by the courts. This is to protect evidence from being lost or lost in the shuffle and to prevent people from dragging out incident-related litigation indefinitely. The exact length of time for filing a claim differs between states, however, personal injury claims typically have a two- to four-year time limit. There are certain exceptions to the time limit for filing a claim. If you need help determining if your case falls under one of these exceptions, then it is best to seek legal advice. A key aspect of the statute of limitations is that it applies only to the filing of a lawsuit in court. Many cases of injury are resolved through the process of claiming insurance and do not require a formal lawsuit filing. It is important to give yourself enough time to start a lawsuit in the event that negotiations with insurance do not go as planned or if a problem occurs that is not resolved by insurance. Certain circumstances can stop the clock on the statute of limitations, but they are extremely rare and have to be considered on a case-by-case basis. For San Bernardino injury lawyers , the statute of limitations may not start running until a victim has discovered or should have reasonably discovered that their injury was caused by another person's negligent actions. In certain states, such as New York, the statute of limitations differs for claims against municipalities. Complaint A personal injury lawsuit is filed by a victim against the person who caused the injury. It alleges that the defendant violated a duty of care, and that this breach caused harm and loss to the plaintiff, and that the defendant should be held liable for those damages. The first document you file with a personal injury lawsuit is referred to as the complaint. It contains detailed allegations about the incident that caused your injuries. It also lists the damages you're seeking. The complaint also includes an “prayer of relief” which outlines what you want the court to do. The complaint must be served on the defendant, along with a summons, which is a notice that they are being sued. After the complaint is filed, the defendant is required to file an answer to the complaint within a certain timeframe, and will either admit or deny the allegations made in the complaint. The defendant may also make a counterclaim against the plaintiff or bring in a different defendant as a third-party defendant. A successful personal injury lawsuit relies on solid evidence including medical documents and testimony from witnesses. We work closely together with our clients to gather the relevant information and incorporate it in the case. The evidence we collect will also help us to negotiate with the defendants' attorneys or insurance companies to get the best possible settlement offer. Preliminary Conference In a personal injury case the attorney for you must prove that the defendant's negligence caused your accident. You must also prove that you suffered injuries from your accident, and that your injuries are a valid reason for financial compensation. It can be a lengthy procedure, but it's at the trial that you will be able to determine if you receive the damages you are entitled to. In the case of a trial before jurors, your lawyer will argue the defendant's liability and that they must compensate you for your losses. The defendant will argue that their actions are not related to the accident, which will keep them from having to reimburse you for your losses. Before proceeding to trial, you must attend a preliminaries conference. This is the first time your case is subject to deadlines set by a judge. This is also the time when your lawyer will discuss the case with the defense. Preliminary conferences are typically conducted by a judicial register or a member of the court's staff. Unless the case is handled by the New York's Differentiated Case Management Rule, or if it is exempted from the Rules, all parties are required to be present in person. 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 scheduled to be part of the Differentiated Case Management program, an initial conference can be a chance to determine whether your case falls into one of the three categories – expedited, standard or complex. Bill of Particulars When a summons and complaint are filed, the defendant parties named in the lawsuit have either twenty or thirty days in which to submit an Answer (although this time frame can be extended if the court gives permission). After the Answer is filed, the case is moved to what is known as the discovery phase. In this phase the parties exchange information in the form of written demand for discovery and depositions. The lawyer for the plaintiff prepares the Bill of Particulars at the end of the discovery. The document is a legal declaration of claims and the relief sought – usually the award of damages in cash. 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 has to be examined by the court. In general, the court will only abide by the Bill of Particulars if it isn't vague or overly broad. A Bill of Particulars should be limited to the specific negligence that is being claimed and should not contain new claims. For instance, in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. In 1994, the court upheld the motion to strike all the reference to willful or deliberate acts in a medical malpractice case. The court will also not permit a new theory to be added at an point in the action that is unreasonablely late. In order to avoid resultant prejudice, a belated amendment to the Bill of Particulars should only be permitted if supported by an affidavit offering a reasonable excuse for the delay in the amendment. Physical Examination If a defense attorney or insurance company demands that you attend an Independent Medical Examination (IME) the first reaction may be to question the reason why a doctor who does not know you, your medical history, and the specifics of your accident is being required to conduct an examination. This type of exam is required by Washington law, could be beneficial to your case. Typically, IMEs are conducted by doctors medical who are hired by the defendant's insurance company and their goal is to offer an alternative perspective to your injuries. Although they are sometimes described as “independent,” these physicians as well as insurance companies – have their own agenda and financial motives in cutting down on the amount of compensation that could be given to a victim of injury. If you decide to go through an IME the Orange County personal injury lawyer will make sure that you are well-informed about what to expect. They will provide the complete set of medical records to the doctor to review. Your lawyer will also be present at the IME and will make sure that you are being examined fairly by ensuring that the questions of the doctor do not diverge from the ones in your medical records. You should not downplay or exaggerate the severity of your injury to the doctors. They are trained to detect fraud, and may use this information at trial.