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What is a Personal Injury Lawsuit? You may be eligible for compensation if you have been injured due to the actions or inactions of someone else. To find out more about your rights under the law get in touch with a seasoned personal injury lawyer. A personal injury lawsuit is a civil matter where the plaintiff is seeking money to compensate for their losses, which include medical bills, lost wages property damage and other expenses. The process can take anywhere from several months to a few years. Damages A personal injury lawsuit is a legal action that is taken to force another person or entity to pay you for damages resulting from an accident. The person who is injured is referred to 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 typically classified into two categories: punitive and compensatory. Compensatory damages are meant to ensure that the victim is completely for good, including out-of-pocket costs such as medical bills as well as compensation for pain and suffering. Punitive damages, which are very rare and are designed to punish the wrongdoer for committing extreme crimes. The first type of damages is typically known as “economic damages.” This covers any out-of-pocket costs resulting from the accident and injuries. Costa Mesa injury lawsuits could include hospital bills medical expenses, doctor's charges and physical therapy costs. In some instances, additional expenses like the cost of traveling to and from appointments, or changes to your home due to permanent disabilities may be included in a claim. Non-economic damages can also be described as “pain and suffer” damages. They are more difficult to quantify and involve the emotional distress, mental suffering and anguish that an accident can cause. Your lawyer will help you determine the value of these damages based on the severity of your injury. This could be based on the ability to enjoy activities you previously enjoyed or your loss of consortium with family members. Statute of Limitations A legal requirement, known as the statute of limitations, anyone who suffers an injury in an accident must file a lawsuit within a specified time or the claim will be rejected by the courts. This is to stop evidence from being forgotten or lost, and also to stop people from dragging incident-related litigation out for a long time. The exact length of time for filing a claim is different between states, however personal injury claims generally have a two-to four-year time limit. There are certain exceptions to the time limit for filing a claim. If you require assistance in determining whether your case falls under one of these exceptions, then it is recommended that you seek legal advice. A key aspect of the statute of limitations is that it is only applicable to the filing of an action in court. Insurance claims are usually used to settle injury cases and do not require formal lawsuits. It is nevertheless important to allow yourself enough time to bring a lawsuit in the event that insurance negotiations aren't as smooth as you had hoped, or if a problem occurs that cannot be resolved with insurance. A few circumstances can pause the statute of limitations clock however, these situations are very rare and have to be evaluated on an individual case-by-case basis. For instance, the statute of limitations may not start running until a victim discovered or ought to have realized that their injuries were caused by a negligent actions. In certain states, like New York, the statute of limitations differs for claims against municipalities. Complaint A personal injury lawsuit is filed by the victim against the party who caused the injury. It asserts that the defendant breached their duty of care, and that this breach caused loss and harm to the plaintiff. The defendant is held accountable for the losses. The complaint is the first document that you file in a personal injury lawsuit. It provides detailed details concerning the incident that caused your injuries, as well as the damages you want. The complaint also includes the “prayer of relief” which 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 a set of time limits and either admit or deny the allegations contained in the complaint. The defendant can also make a counterclaim against the plaintiff or introduce another defendant 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 ensure that all relevant information is collected and included in the case. The evidence we collect will also assist us in negotiate with the defendants' lawyers or insurance agents to get the best possible settlement offer. Preliminary Conference In a personal injury case the attorney for you must prove that the negligence of the defendant caused your accident. You must also prove that 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 where you can finally determine whether you'll get the damages you deserve. In a jury trial your lawyer will argue that the defendant is liable and is required to compensate you for your losses. The defendant will argue that their actions are not related to the accident, which will keep them from having to pay you for your losses. You must attend a pre-trial discussion prior to proceeding with the trial. This is the first time that your case has deadlines set by a judge. It is also the time where your attorney will discuss the case with the defense. A judicial registrar, or an individual from the court staff, typically conducts preliminary conferences. If the case is handled in accordance with New York's Differentiated Case Management Rule, or if it is exempted from the Rules All parties are required to attend in person. If a party is unable to attend in person, the convenor can permit them to participate via phone or via the internet. If your case is to be a part of the Differentiated Case Management program, an initial conference can be a chance to determine whether your case falls within one of the three classifications that are expedited, standard, or complex. Bill of Particulars After the complaint and summons are filed, the defendants named in the lawsuit will have twenty to thirty days (although this deadline may be extended by the court). After the Answer is filed, the case moves into what is called the discovery phase. In this phase both parties exchange information through written demands for discovery and depositions. The lawyer for the plaintiff prepares the Bill of Particulars at the conclusion of the discovery. The document is a legal declaration of claims and the relief sought, usually an award of money damages. The Bill of Particulars is intended to put the defendant on notice of the specific legal claims being filed so that he or she can prepare effectively for trial. The court must examine the Bill of Particulars before it is able to be followed. In general, a court will only accept the Bill of Particulars if it isn't vague or overly broad. A Bill of Particulars must only include the specific acts of negligence that are being claimed and not include 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 was not negligent. In 1994, the court affirmed the motion to strike all the reference to willful or deliberate acts in a medical malpractice case. In the same way, the court will not allow introduction of a new doctrine of recovery at an unreasonably late stage in the litigation. To avoid prejudice, any 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 When a defense attorney or insurance company demands that you attend an Independent Medical Examination (IME) Your first reaction may be to question the reason why a doctor who does not know you and your medical history and the particulars of your incident is requested to conduct an exam. This type of exam is required by Washington law, can be beneficial to your case. IMEs are typically conducted by doctors hired by the defendant’s insurance company. Their goal is to offer a different view of your injuries. These doctors, who are sometimes referred to as “independent” are able to have their own goals and financial interests in reducing the amount of compensation which can be awarded to injured victims. If you choose to undergo an IME the Orange County personal injury lawyer will make sure that you are fully informed about what to expect and provide a copy of all relevant medical records for the doctor to look over. Your lawyer will also be present at the IME and will make sure that you are being treated with respect and courtesy by ensuring that doctors ' questions aren't divergent from the ones in your medical records. It is crucial to not play with the extent of your injuries with these doctors, as they are trained to recognize fraud and could use this information against you in trial.