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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 entitled to compensation. To learn more about your rights under the law get in touch with a seasoned personal injury lawyer. A personal injury lawsuit is 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 several months to several years. Damages A personal injury lawsuit is a legal action which is filed to force another person or entity to pay you for damages resulting from an accident. The injured party is known as the plaintiff while the responsible parties are called defendants. Personal injury cases can include the wrongful death of a person who dies because of the negligence or wrongful actions of others. Damages are usually 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 are rare and are intended to penalize the wrongdoer for extreme conduct. The first type of damages is typically referred to as “economic damages.” This is the term used to describe any out-of-pocket costs resulting from the accident and injuries. This could include hospital bills medical expenses, doctor's charges and physical therapy costs. Some claims could also cover additional costs, like the cost of travel to and from appointments or the need to modify your home to accommodate a disability that is permanent. Non-economic losses are often referred to as “pain and suffering” damages. These damages are harder to quantify, and they include the emotional stress and mental stress that an accident can cause. Your lawyer will assist you to determine the value of these damages based on the severity of your injuries. This might be based on the ability to enjoy activities you previously enjoyed or your loss of connection with family members. Statute of limitations In a legal rule known as the statute of limitations, anyone who suffers an injury in an accident must file 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 forgotten, and to prevent people from dragging out litigation relating to incidents for an indefinite period. The exact time frame varies between states, however personal injury claims generally have a two- to four-year limitation. However, there are exceptions that can extend the time that a victim must make a claim, and they should seek legal advice for help to determine whether or not their case falls into one of the exceptions. A key aspect of the statute of limitations is that it only applies to the filing of an action in court. Many injury cases are resolved through the process of claiming insurance and do not require a formal lawsuit filing. San Marcos injury attorney YouTube is still important to allow yourself enough time to file a lawsuit in the event that insurance negotiations do not go as planned or if there is a problem which cannot be resolved through insurance. Some circumstances can pause the clock on the statute of limitations, however they are not common and have to be evaluated on a case by case basis. The statute of limitations might not be established until the victim realizes or should have realized that the injury was caused by another's negligence. In some states, like New York, it is different for claims that are made against municipalities. Complaint A personal injury lawsuit is a civil action brought by an injured person against the person or entity that caused the injury. It claims that the defendant breached the duty of care, and that this breach caused harm and losses to the plaintiff and that the defendant should be held liable for those damages. The complaint is the first document that you file in a personal injury lawsuit. It includes specific allegations regarding the incident that led to your injuries as well as the damages you want. The complaint also contains the “prayer for relief” that describes what you would like the court to do. The summons and complaint must be handed over to the defendant. The defendant must respond to the complaint within a set of deadlines and either admit or deny all allegations made in the complaint. The defendant may also make a counterclaim against the plaintiff or bring in another defendant as a third-party defendant. A successful personal injury lawsuit is based on solid evidence including medical documents and testimony from witnesses. We work closely together with our clients to collect all relevant information and then include it in the case. The evidence 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 prove that negligence on the part of the defendant led to your accident. You must also prove that you were injured in your accident and that your injuries are worthy of financial compensation. It can be a lengthy process however, the trial is where you will be able to determine if you'll get the damages you deserve. In the trial before jurors your lawyer will argue the defendant's responsibility and they will argue that they have to be held accountable for your losses. The defendant will present evidence to prove that their actions are not connected to the accident. This will prevent them from settling your losses. You must attend a pre-trial discussion before proceeding with the trial. This is the first time your case has deadlines set by a court. This is also the time where your attorney will discuss the case with the defense. A judicial registrar, also known as a member of the court staff typically holds preliminary conferences. All parties must attend the preliminary conference in person unless the case has been handled in accordance with the New York's Differentiated Case Management Rule or the Rules are otherwise exempted. If a party is unable to attend in person, the convenor may allow them to participate by phone or online. If your case is scheduled to be a part of the Differentiated Case Management program, the preliminary conference will be an opportunity to identify whether your case falls under one of the three categories which are expedited, standard or complex. Bill of Particulars After the complaint and summons have been filed, defendants named in the lawsuit will have between twenty and thirty days (although this timeframe may be extended by the court). After the Answer has been 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 lawyer of the plaintiff drafts the Bill of Particulars at the end of discovery. The document details the legal claims that are being made and the relief sought, usually an award of money damages. The Bill of Particulars is meant to inform the defendant of the specific legal claims made, to help them prepare for trial. Before a Bill of Particulars can be followed, it must be scrutinized by the court. Generally speaking, the court will only comply with a Bill of Particulars that is not vague or overly broad. A Bill of Particulars should be limited to the specific negligence that is being claimed and should not add new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ), for example was a case where the court concluded that the plaintiff was not negligent. 1994) The court ruled in favor of a motion to strike all references to intentional and willful acts from a medical malpractice claim. In the same way, the court will not permit the introduction of a new theory of recovery at an unreasonable late stage in the case. To avoid causing prejudice, any late amendment to the Bill of Particulars must be supported by an affidavit which gives a reasonable explanation for the lateness of this amendment. Physical Exam If a defense attorney or insurance company requests that you take part in an Independent Medical Examination (IME) the first reaction could be to wonder the reason a doctor who may not know you, your medical history, and the particulars of your incident is asked to conduct an exam. This type of exam, which is required by Washington law, could be beneficial to your case. Typically, IMEs are conducted by medical doctors who are employed by the insurance company representing the defendant and their aim is to offer an alternative perspective to your injuries. Although they are sometimes referred to as “independent,” these physicians – just like the insurance companies have their own agendas and financial motives in cutting down on the amount of compensation that may be granted to a victim who has been injured. Your Orange County personal injury attorney will make sure you know what you can expect from an IME and will provide a copy to the doctor of all pertinent medical records. Your lawyer will also be present at the IME and can ensure that you are being treated fairly by ensuring that the doctors ' questions aren't divergent from those in your medical records. It is not advisable to downplay or exaggerate the severity of your injury to the doctors. They are trained to detect fraudulent behavior, and can make use of this information in a trial.