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What is a Personal Injury Lawsuit? If you've been hurt by another person's actions or inactions, you could be eligible for compensation. Contact an experienced personal injury attorney to learn more about your rights. A personal injury lawsuit is a civil action in which the plaintiff seeks money to cover their losses, such as medical bills, lost wages, property damage and other expenses. The process can take several months to a few years. Damages A personal injury lawsuit is a process to compel another person or entity to pay compensation for the damages resulting from an accident. The party who suffered the injury is known as the plaintiff while the parties accountable are known as defendants. Personal injury cases can also include wrongful death claims when someone dies due to negligence or wrongdoing of others. Damages are typically classified into two categories: compensatory and punitive. Compensation damages are designed to make the victim whole again, including out-of-pocket expenses such as medical expenses as well as compensation for pain and suffering. Punitive damages are uncommon and are intended to penalize the perpetrator for their extreme behavior. The first category of damages is typically called “economic damages.” This covers all out-of-pocket expenses associated with the accident or injury. These could include hospital bills medical expenses, doctor's charges and physical therapy costs. Some claims may also include additional costs, like travel costs to and from appointments, or the need to modify your home to accommodate a disability that is permanent. Non-economic damages are commonly called “pain and suffering” damages. These are more difficult to quantify and involve the mental and emotional stress, anxiety and suffering that accidents can cause. Your lawyer can help you value these damages based on the severity of your injuries. This may be based on your 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 is injured in an accident must bring a lawsuit within a certain time frame or the claim will be dismissed by the courts. This is to prevent evidence from being lost or lost in the shuffle and to stop people from drag out incident-related litigation indefinitely. The exact time frame is different from state to state, however, personal injury claims typically have a two-to four-year limit. There are some exceptions to the time limit for filing a claim. If you require assistance in determining whether your case is one of these exceptions, then it is recommended to seek legal advice. A key aspect of the statute of limitations is that it is only applicable to the filing of a lawsuit in a court. Many injury cases are resolved through the process of filing an insurance claim and do not require a formal lawsuit filing. But, it's important to allow yourself enough time to file a lawsuit just in case insurance negotiations don't go as planned or there is a problem that cannot be resolved through the insurance system. Certain circumstances can stop the clock of the statute of limitations however these cases are extremely rare and need to be analyzed on an individual case-by-case basis. For instance the statute of limitations might not start running until the victim discovers or reasonably should have discovered that their injury was caused by another person's negligence, and in certain states, like New York, the statute of limitations is different for claims against municipalities. Complaint A personal injury lawsuit is filed by the victim against the party who caused the injury. It claims that the defendant breached a duty of care, and that the breach caused harm and loss to the plaintiff, and that the defendant should be held accountable for the losses. The complaint is the first document that you file in a personal injury case. It contains detailed allegations about the incident that caused your injuries as well as the damages you want. The complaint also contains the “prayer for relief” which outlines what you would like the court to do. The complaint must be served to the defendant with a summons that is a notice that they are being sued. After the complaint is filed, the defendant has to respond to the complaint within a specific timeframe, and will either admit or deny the allegations made in the complaint. The defendant may also bring a counterclaim against plaintiff or bring in a different defendant as third-party defendant. A successful personal injury lawsuit relies on solid evidence, including medical records and testimony from witnesses. We collaborate closely with our clients to ensure that all relevant information is collected and included in the case. Thousand Oaks injury lawyers You Tube will also assist us negotiate with the defendant's attorneys or insurance agents to obtain the best settlement offer possible. Preliminary Conference In a personal injury case your lawyer must demonstrate that the defendant's negligence caused your accident. You must also prove you were injured in your accident and that these injuries are worth the amount of financial compensation. This could be a long process however, the trial is when you can finally determine whether you'll get the damages you deserve. In the trial before jurors your lawyer will argue the defendant's responsibility and the need to compensate you for your losses. The defendant will present evidence to prove that their actions were not related to the accident. This will prevent the defendant from paying for your losses. You must attend a pre-trial meeting before you can proceed with the trial. This is the first time that your case will be subject to deadlines imposed by a court. It is also the time that your lawyer will discuss the case with the defense. A judicial registrar, or an official of the court's staff, usually conducts preliminary conferences. All participants must attend the preliminary conference in person unless the case is handled under New York's Differentiated Case Management Rule or the Rules are otherwise exempted. If a party is unable to attend in person they can participate via telephone or on the internet with the approval of the convenor. 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 After a complaint and summons are filed, the defendant parties identified in the lawsuit are given twenty or thirty days to file an Answer (although this time frame can be extended with the court's approval). After the Answer is filed, the case is moved into the discovery phase. In this phase the parties exchange information through written demands for discovery and depositions. The lawyer for the plaintiff prepares the Bill of Particulars at the end of the discovery. This document provides the legal claims that are being made 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 accepted, it must be reviewed by the court. In general, a court will only be able to abide by the Bill of Particulars if it is not vague or broad. A Bill of Particulars should be limited to the specific acts of negligence claimed and should not contain new claims. For instance in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. 1994), the court sustained the motion to strike references to intentional and willful acts from a medical negligence claim. The court will also not allow a new theory to be introduced at any point in the case that is unreasonably late. To avoid causing prejudice, an amendment made late to a Bill of Particulars must be supported by an affidavit which gives a reasonable explanation for the lateness of this amendment. Physical Examination You might be wondering why a doctor who doesn't know you, or your medical history, and isn't familiar with the details of your accident, would be asked to conduct a medical examination. This type of exam is required under Washington law, can be beneficial to your case. IMEs are usually performed by doctors who are employed by the defendant’s insurance company. They are there to provide an alternative view of your injuries. While they are sometimes described as “independent,” these physicians as well as insurance companies – have their own agenda and financial motives in reducing the amount of compensation that could be awarded to an injured victim. Your Orange County personal injury attorney will make sure you know what you can expect from an IME and will provide an IME doctor with a copy of all relevant medical records. Your lawyer will also be present at the IME and will make sure that you are being examined fairly by ensuring that the doctors questions do not deviate from the ones you have in your medical records. Do not underplay or exaggerate the severity of your injuries to the doctors. They are trained to detect fraudulent behavior, and can utilize this information in court.