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What is a Personal Injury Lawsuit? You may be entitled to compensation if you were injured as a result of the actions or inactions of a third party. To learn more about your rights under the law to pursue compensation, consult a knowledgeable personal injury lawyer. A personal injury lawsuit is a civil dispute in which 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 between a few months and several 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 responsible are referred to as defendants. If someone dies as a result of the inattention or negligence of others the wrongful death case are often included in personal injury lawsuits. The damages a victim suffers are usually broken down into two groups which are: punitive and compensatory. Compensation damages can include medical bills as well as pain and loss compensation, and other out-of-pocket expenses. Punitive damages are rare and are designed to punish the wrongdoer for extreme conduct. This category covers all costs caused by the accident or injury. These could include hospital bills medical expenses, doctor's charges and physical therapy costs. Certain claims could also include additional expenses, such as travel costs to and from appointments or modifications to your home 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, anxiety and suffering that accidents can cause. Depending on the severity of your injuries your lawyer can help you place a value on these damages. This could be based on your ability to enjoy activities you used to do or your loss of consortium with family members. Statute of limitations A legal requirement, known as the statute of limitations, any person who suffers injury as a result of an accident must file a lawsuit within a certain time frame or else their claim will be dismissed by the courts. This is to protect evidence from being lost or lost in the shuffle and to stop people from carrying out incident-related litigation indefinitely. The exact time limit varies from one state to another, but most personal injury claims have a limit of two to four years. There are certain exceptions to the limit for filing a claim. If you need assistance determining if your case is one of these exceptions, it is best to seek legal advice. The statute of limitations only applies to lawsuits filed in the court. Many cases of injury are resolved through the process of filing an insurance claim and do not require formal lawsuit filing. But, it's important to allow yourself plenty of time to take legal action in the event that insurance negotiations do not follow the plan or an issue arises that can't be addressed by the insurance system. A few circumstances can pause the statute of limitations clock, but these instances are extremely rare and need to be analyzed on an individual basis. The statute of limitations may not begin until the victim discovers or should have known that the injury was caused by another's negligence. In Los Angeles injury lawsuit , like New York, it is different for claims made against municipalities. Complaint A personal injury lawsuit is filed by the victim against the person who caused the injury. It asserts that the defendant violated their duty of care, and that this breach resulted in loss and harm to the plaintiff. The defendant is then held accountable for the losses. The first document filed in a personal injury lawsuit is known as the complaint, and it contains detailed allegations about the incident that led to your injuries. It also outlines the damages you're seeking. It also contains the “prayer for relief” which outlines what you would like the court to do. The summons and complaint should be delivered to the defendant. The defendant must respond to the complaint within a set of time frames and either accept or deny all the allegations in the complaint. The defendant can also bring a counterclaim against plaintiff or bring in a different defendant as a third-party defendant. A successful personal injury lawsuit relies on solid evidence, including medical records 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 we have will also assist us in negotiate with defense lawyers or insurance agents to negotiate the most favorable settlement offer. Preliminary Conference In a personal-injury case your lawyer must show that negligence on the part of the defendant led to your accident. You must also prove you were injured in your accident and that these injuries are worthy of the amount of financial compensation. It can be a lengthy procedure, but it's at the trial that you'll be able to determine if you get the compensation you are entitled to. In the trial before a jury your lawyer will argue that the defendant is at liability and that they must be held accountable for your losses. The defendant will present evidence to show 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 your case will be subject to deadlines imposed by a court. This is also the time when your lawyer will discuss the case with the defense. Preliminary conferences are typically conducted by a judicial registrar or someone on the court's staff. If the case is handled under the New York's Differentiated Case Management Rule, or otherwise exempted from the Rules the parties are required to attend in person. If a person is unable to attend in person, the convenor can permit them to attend via telephone or online. If your case is scheduled to be a part of the Differentiated Case Management program, the preliminary conference will provide an opportunity to determine whether your case falls within one of the three categories – expedited, standard or complex. Bill of Particulars After a complaint and summons are filed, the defendants who are named in the lawsuit have twenty or thirty days to submit an Answer (although this deadline can be extended with the court's permission). Once the Answer is filed, the case moves into what is called the discovery phase. In this phase the parties exchange information via written discovery demands and depositions. At the conclusion of discovery, the plaintiff's attorney prepares what is known as a Bill of Particulars. The document is a legal declaration of claims and the relief sought – typically 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 can effectively prepare for trial. Before a Bill of Particulars can be followed, it has to be reviewed by the court. In general, the court will only accept a Bill of Particulars if it is not vague or broad. A Bill of Particulars should be limited to the specific negligence that is being claimed and should not contain new claims. For example, in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. In 1994, the court affirmed a motion to strike any references to willful or intentional actions in a medical malpractice case. Similarly, the court will not allow the addition of a new theory of recovery at an unreasonably late point in the action. To avoid prejudice, a late amendment to a Bill of Particulars must be supported by an affidavit that gives a reasonable explanation of the tardiness of the amendment. Physical Examination You may question the reason why a doctor, who doesn't know you, or your medical history and isn't familiar with the details of your accident, should be asked to conduct a medical examination. However, this kind of exam is actually a requirement under Washington law, and it can be helpful to your case. Typically, IMEs are conducted by doctors medical who are hired by the defendant's insurance company and their goal is to provide a different perspective on your injuries. Although they are sometimes described as “independent,” these physicians, just like insurance companies have their own agendas and financial stake in decreasing the amount of compensation that can be given to a victim of injury. Your Orange County personal injury attorney will ensure that you understand what you can expect from an IME and will give the 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. Do not underplay or exaggerate the severity of your injury to the doctors. They are trained to detect fraud, and may utilize this information in court.