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What is a Personal Injury Lawsuit? If you've been injured by another person's actions or inactions, you may be able to recover compensation. Contact an experienced personal injury attorney to learn more about your rights. A personal injury lawsuit is civil litigant where the plaintiff seeks compensation for their losses. This includes medical bills or lost wages, as well as property damage. The process can last from several months to several years. Damages A personal injury lawsuit is a legal proceeding which is filed to force another person or entity to pay you compensation for damages caused by an accident. The plaintiff is the injured party and the defendants are the ones accountable. If someone dies as the result of the negligence or wrongdoing by others, wrongful death cases may be part of personal injury claims. A victim's damages are typically divided into two categories which are: punitive and compensatory. Compensatory damages include medical bills as well as pain and suffering compensation and other out-of pocket expenses. Punitive damages, which are not common and are designed to punish the perpetrator when they have committed a number of extreme crimes. The first type of damages is usually referred to as “economic damages.” This is the term used to describe all out-of-pocket expenses associated with the accident and injuries. These could include hospital bills as well as doctor's fees and therapy costs. El Monte injury lawsuit youtube.com could also include additional costs, like the cost of travel to and from appointments, or home modifications to accommodate a permanent disability. Non-economic damage can also be referred to by the term “pain and suffer” damages. These damages are harder to quantify, and they include the emotional stress and mental anguish caused by accidents. Your lawyer can help you determine the value of these damages based on the severity of your injuries. It could be based on your capacity to enjoy activities you used to do or your loss of connection with family members. Statute of limitations In a legal rule known as the statute of limitations, anyone who is injured in an accident must file a lawsuit within a certain time frame or the claim will be rejected by the courts. This is to safeguard evidence from being lost or forgotten and to stop people from drag out litigation related to an incident for a long time. The exact duration of time varies between states, however, personal injury claims typically have a two-to four-year limitation. There are certain exceptions to the time to file an injury claim. If you require assistance determining if your case falls within one of these exceptions, then it is recommended to seek legal advice. One of the most important aspects of the statute of limitations is that it applies only to the filing of a lawsuit in court. Many injury cases are resolved through the insurance claim process and do not require a formal lawsuit filing. Even so, it is important to leave yourself plenty of time to take legal action in the event that negotiations fail to go as planned or an issue arises that can't be addressed by the insurance system. Certain circumstances can stop the clock on the statute of limitations, but they are extremely rare and have to be assessed on a case by case basis. For instance the statute of limitations may not start to run until the victim discovers or reasonably should have discovered that their injury was caused by a negligent actions, and in some states, such as New York, the statute of limitations differs for claims against municipalities. Complaint A personal injury lawsuit is a civil case initiated by a victim against the person or entity that caused the injury. It alleges that the defendant breached a duty of care, and that the breach caused harm and loss to the plaintiff and that the defendant is accountable for the losses. The first document you file with a personal injury lawsuit is called the complaint. It contains detailed allegations about the incident that led to your injuries. It also outlines the damages you seek. The complaint also contains an “prayer for relief” that outlines what you would like the court to do. The summons and complaint must be delivered to the defendant. The defendant must respond to the complaint within specific time limits and either admit or deny all the allegations contained in the complaint. The defendant can also file a counterclaim or add another defendant to the case as third party defendant. A successful personal injury lawsuit depends on solid evidence including medical documents and testimony from witnesses. We work closely with our clients to collect all relevant information and include it in the case. The evidence can also help us negotiate with the defendant's attorneys or insurance representatives to get the best settlement offer possible. Preliminary Conference In a personal injury lawsuit the attorney for you must prove that the defendant's negligence caused your accident. You must also prove that you suffered injuries in your accident and that the injuries are worth the amount of financial compensation. It can be a lengthy process, but the trial is when you can finally determine whether you'll be awarded the damages you're entitled to. In a jury trial your lawyer will argue that the defendant is responsible and must pay you for your losses. The defendant will argue that their actions are not related to the accident, which will prevent them from having to pay you for your losses. Before you can proceed to trial you must attend a preliminaries conference. This is the first time that your case has deadlines set by a court. It is also the time when your attorney will discuss the case with the defense. Preliminary conferences are usually conducted by a judicial registrar, or an individual from the court's staff. If the case is handled in accordance with New York's Differentiated Case Management Rule, or if it is exempted from the Rules, all participants are required to attend in person. If a party cannot attend in person, they may participate via phone or internet, with the consent of the convenor. If your case is part of the Differentiated Case Management Program, a preliminary meeting is also an opportunity to determine if your case falls within one of three categories – advanced standard or complex. Bill of Particulars After the summons and complaint have been filed, defendants named in the lawsuit will be given twenty to thirty days (although this time frame may be extended by the court). After the Answer is filed, the case is moved into the discovery phase. In this stage the parties exchange information via written discovery demands and depositions. After the discovery process is concluded the attorney representing the plaintiff drafts what is known as a Bill of Particulars. The document details the legal claims being made and the relief sought – usually an award of money damages. The Bill of Particulars is intended to inform the defendant notice of the specific legal claims being made, so that he or she is able to effectively prepare for trial. The court must examine a Bill of Particulars before it is able to be followed. Generally, the court will only abide by a Bill of Particulars that is not vague or overly broad. A Bill of Particulars must only include the specific acts of neglect that are being alleged, and not add any new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ) for instance, was a case where the court ruled that the plaintiff had not been negligent. 1994), the court sustained a motion to strike all references to intentional and willful acts from a medical malpractice claim. The court will also not allow a new doctrine to be introduced at an stage in the litigation that is unreasonably late. In order to avoid resultant negative consequences, an amendment made late to the Bill of Particulars should only be allowed when supported by an affidavit stating an adequate explanation 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 may be to question the reason why a doctor who does not know you, your medical history, and the specifics of your incident is required to conduct an examination. But, this type of exam is actually an obligation under Washington law and could be beneficial in your case. IMEs are usually conducted by doctors employed by the defendant’s insurance company. Their goal is to offer a different view of your injuries. Although they are sometimes called “independent,” these physicians – just like the insurance companies have their own agendas and financial stake in reducing the amount of compensation that can 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 a copy to the doctor of all relevant medical records. Your lawyer will also be present at the IME and will make sure that you are 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 up or down the severity of your injuries to the doctors, since they are trained to spot dishonesty and may use this information against you in trial.