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What is a Personal Injury Lawsuit? You could be entitled to compensation if you were injured as a result of the actions or inactions of another person. Contact an experienced personal injury lawyer to learn more about your rights. A personal injury lawsuit is a civil litigation in which the plaintiff seeks compensation for their loss. This includes medical bills as well as lost wages and property damage. The process can last from a few months to several years. Damages A personal injury lawsuit is a legal proceeding to compel a person or entity to pay compensation for the damage caused by an accident. The party who suffered the injury is known as the plaintiff, while the parties responsible are referred to as defendants. If someone dies as a result of the inattention or negligence of others In wrongful deaths, the case are often included in personal injury claims. Damages are typically classified into two categories: 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 intended to punish the offender when they have committed a number of extreme crimes. This category covers all costs that result from the accident or injury. These could include hospital bills as well as doctor's fees and therapy costs. Some claims could also cover additional expenses, such as transportation costs to and from appointments, or home modifications to accommodate a disability that is permanent. Non-economic damages are commonly referred to as “pain and suffering” damages. They are more difficult to quantify and are a result of the mental and emotional stress, suffering and anguish caused by accidents. Depending on the extent of your injuries, your lawyer will help you place a value on the damages. This could be based on the ability to continue enjoying the activities you previously enjoyed or your loss of connection with family members. Statute of Limitations A legal rule known as the statute of limitations obliges anyone injured in an accident must file an action before a specific date or their claim will be dismissed. This is to protect evidence from being lost or lost in the shuffle and to stop people from carrying out litigation relating to incidents for an indefinite period. The exact duration of time is different from state to state, but personal injury claims typically have a two-to four-year time limit. There are certain exceptions to the time limit for filing claims. If you need assistance to determine if your claim falls under one of these exceptions, then it is best to seek legal advice. The statute of limitations applies only to lawsuits that are filed in court. Many injury cases are resolved through the process of filing an insurance claim and do not require formal lawsuit filing. It is still essential to allow yourself sufficient time to bring a lawsuit in the event that insurance negotiations don't go as planned, or if there is a problem which cannot be resolved through insurance. A few circumstances can pause the clock of the statute of limitations, but these instances are extremely rare and need to be considered on an individual basis. The statute of limitation may not start until the person realizes or should have realized that the injury resulted from someone else's negligence. In certain states, such as New York, it is different for claims made against municipalities. Complaint A personal injury lawsuit is brought by the victim against the party who caused the injury. The plaintiff claims that the defendant breached their duty of care, and that this breach resulted in loss and harm to the plaintiff. The defendant is accountable for the damages. The first document you file with a personal injury lawsuit is known as the complaint, and it contains specific details about the incident that caused your injuries. It also outlines the damages you seek. The complaint also contains an “prayer for relief” that outlines what you want the court to do. The complaint must be served to the defendant with a summons, which is a notice that they are being sued. The defendant must respond to the complaint within certain deadlines and either admit or deny all allegations contained in the complaint. The defendant can also file a counterclaim or add another defendant to the case as a third party defendant. Mountain View injury lawsuit youtube.com relies on solid evidence, including medical documents and testimony from witnesses. We work closely with our clients to ensure that all relevant information is gathered and included in the case. The evidence will also help us negotiate with the attorney for the defendant or insurance companies to negotiate the best settlement possible. Preliminary Conference In a personal injury case the lawyer for you must prove that negligence on the part of the defendant caused your accident. You must also prove that you were injured in the accident and that the injuries are worthy of the amount of financial compensation. It can be a lengthy procedure, but it's at the trial that you will find out if you receive the damages you deserve. In a trial before the jury your lawyer will argue the defendant's responsibility and the need to pay for your losses. The defendant will argue that their actions are unrelated to the accident, which prevents them from having to compensate you for your losses. You must attend a pre-trial meeting before you can proceed with the trial. This is often the first time your case will have deadlines that are set by the Court itself. This is also when your attorney will be discussing the issue 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 under the New York's Differentiated Case Management Rule, or otherwise exempted from the Rules, all participants are required to attend in person. If a party is not able to attend in person, the convenor can permit them to attend via telephone or online. If your case will be part of the Differentiated Case Management Program, the initial meeting provides an opportunity to determine if your case falls within one of three categories namely expedited standard or complex. Bill of Particulars When a summons and complaint are filed, the defendant parties who are named in the lawsuit have twenty or thirty days to submit an Answer (although this deadline may be extended with the court's consent). After the Answer is filed, the case moves into what is called the discovery phase. During this time both sides exchange information in the form of written discovery demands and depositions. The plaintiff's lawyer prepares a Bill of Particulars at the end of discovery. This document outlines legal claims and the relief sought – typically the award of damages in cash. The Bill of Particulars is intended to inform the defendant notice of the specific legal claims being made, so that they is able to effectively prepare for trial. The court must look over the Bill of Particulars before it is allowed to be enforced. Generally speaking, the court will only comply with 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 asserted 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 a motion to strike all references to willful and intentional acts from a medical malpractice claim. Similarly, the court will not permit the introduction of a new doctrine of recovery at an unreasonably late stage in the case. To avoid prejudice, an amendment made late to a Bill of Particulars must be supported by an affidavit that provides a reasonable explanation for the tardiness of the amendment. Physical Examination If a defense attorney, or an insurance company asks you to attend an Independent Medical Examination (IME) the first reaction could be to wonder why a doctor who does not know you or your medical history and the specifics of your incident is required to conduct an examination. This type of examination is required by Washington law, could be beneficial to your case. IMEs are typically performed by doctors who are employed by the defendant’s insurance company. Their goal is to provide an alternative perspective on your injuries. Although they are often described as “independent,” these physicians as well as insurance companies – have their own agenda and financial interest in decreasing the amount of compensation that could be granted to a victim who has been injured. Your Orange County personal injury attorney will ensure that you are aware of what you can expect from an IME and will provide the doctor with a copy of the relevant medical records. Your lawyer will be present during the IME to ensure that the questions posed by the doctor are consistent with your medical records. It is not advisable to downplay or exaggerate the severity of your injuries to these doctors. They are trained to detect dishonesty, and could make use of this information in a trial.