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What is a Personal Injury Lawsuit? If you've been injured through the actions or inactions, you may be eligible for compensation. Contact an experienced personal injury lawyer to find out more about your rights. A personal injury lawsuit is a civil matter where the plaintiff is seeking money to compensate for their losses, such as medical bills, lost wages damages to property and other expenses. The process can last between a few months and several years. Damages A personal injury lawsuit is a process to force another person or entity to pay money for damages related to an accident. The plaintiff is the victim, and the defendants are the ones accountable. If someone dies as the result of inattention or negligence of others, wrongful death cases may be part of personal injury claims. The damages a victim suffers are usually divided into two categories which are: punitive and compensatory. Compensatory damages are meant to help the victim get back on track and regain their financial security, which includes out-of-pocket expenses such as medical expenses as well as compensation for pain and suffering. Punitive damages, which are not common and are designed to punish the wrongdoer if they have committed extreme actions. This category covers all costs incurred as a result of the accident or injury. These may include hospital expenses medical expenses, doctor's charges and physical therapy costs. Some claims may also include additional expenses, such as transportation costs to and from appointments or modifications to your home to accommodate a permanent disability. Non-economic damage can also be called “pain and suffer” damages. These damages are difficult to quantify, and they include the emotional distress and mental stress that an accident can cause. Based on the extent of your injuries, your lawyer will help you determine the value of these damages. This could be based on the ability to do activities you used to or your loss in consortium with family. Statute of limitations In a legal rule known as the statute of limitations, any person who suffers injury as a result of an accident must make a claim within a certain time frame or else their claim will be dismissed by the courts. This is done to stop evidence from being forgotten or lost, and to prevent those who delay bringing litigation related to an incident out indefinitely. The exact time frame is different from state to state, however personal injury claims generally have a two- to four-year limit. There are certain exceptions to the period for filing a claim. If you require assistance in determining whether your case is one of these exceptions, it is recommended to seek legal advice. The statute of limitations is only applicable to lawsuits filed in court. Insurance claims are often used to settle injury cases and do not require formal lawsuits. It is still important to give yourself enough time to bring a lawsuit in the event that negotiations with insurance do not 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 a case-by-case basis. For example, the statute of limitations may not begin to run until a victim discovered or reasonably should have discovered that their injuries were caused by a negligent actions, and in certain states, such as New York, the statute of limitations differs for claims 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. The plaintiff claims that the defendant breached their duty of care, and that this breach resulted in harm and losses for the plaintiff. The defendant is held responsible for these damages. The complaint is the first document filed in a personal injury case. It contains detailed allegations regarding the incident that led to your injuries, and the damages you want. The complaint also includes a “prayer of relief” that outlines what you would like the court to do. The complaint and summons must be delivered to the defendant. The defendant must respond to the complaint within certain time limits and either admit or deny the allegations in the complaint. The defendant can also file a counterclaim or add a third party defendant to the case as third party defendant. A successful personal injury lawsuit is built on solid evidence, such as medical documents and witness testimony. Daly City injury lawsuits work closely with our clients to ensure that all relevant information is gathered and included in the case. The evidence we collect will also assist us in negotiate with defense attorneys or insurance companies to negotiate the most favorable settlement offer. Preliminary Conference In a personal injury lawsuit, your attorney must prove that the defendant's negligence caused your accident. You must be able to prove that you sustained injuries as a result of your accident, and that the injuries you sustained are worthy of financial compensation. It's a long process, but it's at the trial that you'll be able to determine if you receive the damages you are entitled to. In a jury trial, your lawyer will argue that the defendant is responsible and has to pay for the losses you suffered. The defendant will provide evidence to prove that their actions were unrelated to the accident. This will stop them from settling your losses. Before proceeding to trial you must attend a preliminaries conference. This is the first time that your case is subject to deadlines set by a judge. This is also when your attorney will be discussing the case with the defense. Preliminary conferences are typically conducted by a judicial registrar or an individual from the court's staff. All participants must attend the preliminary conference in person unless the case is handled by the New York's Differentiated Case Management Rule or the Rules are exempted in other ways. If a party is unable to attend in person, they may take part via phone or online with the approval of the convenor. If your case is part of the Differentiated Case Management Program, an initial meeting also provides an opportunity to determine whether your case falls into one of three categories: expedited standard or complex. Bill of Particulars After the summons and complaint have been filed, defendants named in the lawsuit will be given twenty to thirty days (although this timeframe may be extended by the court). Once the Answer is filed, the case enters what is known as the discovery phase. In this phase the parties exchange information in the form of written demand for discovery and depositions. The lawyer of the plaintiff drafts the Bill of Particulars at the end of the discovery. The document is a legal declaration of claims and the relief sought – usually 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 prepare effectively for trial. Before a Bill of Particulars can be followed, it has to be scrutinized by the court. Generally, the court will only comply with a Bill of Particulars that is not overbroad or vague. 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 concluded that the plaintiff was not negligent. In 1994, the court upheld the motion to strike all references to intentional or willful acts in a medical malpractice case. Similarly, the court will not permit the introduction of a new doctrine of recovery at an unreasonably late stage in the case. To avoid causing prejudice, a late amendment to a Bill of Particulars must be supported by an affidavit which provides a reasonable explanation for the delay of this amendment. Physical Exam You may question why a doctor who doesn't know you, or your medical history, and isn't familiar with the specifics of your accident, should be required to conduct a medical exam. This type of exam is required by Washington law, can be beneficial to your case. Typically, IMEs are conducted by medical doctors who are employed by the defendant's insurance company and their aim is to offer a different perspective on your injuries. These doctors, sometimes called “independent”, have their own goals and financial interests in reducing the compensation that is paid to victims. Your Orange County personal injury attorney will ensure that you are aware of what to expect from an IME and will provide the doctor with a copy of all relevant medical records. Your lawyer will also be present at the IME and can ensure that you are 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 injury to the doctors. They are trained to detect dishonesty, and could use this information at trial.