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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. Contact a seasoned personal injury lawyer to find out more about your rights. A personal injury lawsuit is a civil litigation in which the plaintiff seeks compensation for their losses. This includes medical expenses or lost wages, as well as property damage. The process can last from several months to several years. Damages A personal injury lawsuit is an action to compel another person or entity to pay you money for damages related to an accident. The plaintiff is the one who was injured and the defendants are the parties responsible. If someone dies as a result of the carelessness or infractions committed by others, wrongful death cases can be included in personal injury claims. A victim's damages are typically broken down into two groups: compensatory and punitive. Compensatory damages are intended to ensure that the victim is completely for good, including out-of-pocket costs such as medical expenses and compensation for pain and suffering. Punitive damages, which are not common and are intended to punish the offender when they have committed a number of extreme actions. The first category of damages is typically referred to as “economic damages.” Berkeley injury attorneys is the term used to describe all out-of-pocket expenses associated with the accident or injury. These could include doctor's bills or hospital costs, as well as physical therapy costs. In some instances other expenses such as the cost of travelling to and from appointments or modifications made to your home due to permanent disabilities may be included in the claim. Non-economic damage can also be described as “pain and suffer” damages. These are more difficult to quantify and involve the emotional distress, mental anxiety and suffering that accidents can cause. Your lawyer will help you value these damages based on the extent of your injury. It could be based on the ability to enjoy activities you previously enjoyed or the loss of your relationship with family members. 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 lost or lost and to stop people from dragging incident-related litigation out for an indefinite period. The exact time frame differs from state to state, however, personal injury claims typically have a two-to four-year time limit. There are some exceptions to the time period for filing an injury claim. If you require assistance in determining whether your case falls within one of these exceptions, it is recommended that you seek legal advice. The statute of limitations only applies to lawsuits that are filed in court. Insurance claims are often used to settle injury cases and do not require formal lawsuits. But, it's important to allow yourself plenty of time to take legal action in the event that insurance negotiations fail to take place as planned or if an issue arises that can't be addressed by the insurance system. Certain circumstances may stop 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 instance the statute of limitations may not begin to run until a victim discovered or reasonably should have discovered that their injury was caused by a negligence, and in certain states, such as New York, the statute of limitations differs for claims against municipalities. Complaint A personal injury lawsuit is brought by the victim against the person who caused the injury. It alleges that the defendant violated the duty of care, that the breach caused harm and losses to the plaintiff, and that the defendant should be held liable for those damages. The first document you file with a personal injury lawsuit is referred to as the complaint. It includes specific allegations regarding the incident that caused your injuries and outlines the damages you're seeking. The complaint also includes an “prayer of relief” which outlines what you want the court to do. The summons and complaint must be given to the defendant. The defendant must respond to the complaint within specific time frames and either accept or deny all the allegations in the complaint. The defendant may also bring a counterclaim against 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 witness testimony. We work closely with our clients to ensure that all relevant information is collected and included in the case. The evidence we gather will also assist us in negotiate with the defense attorneys or insurance companies to negotiate the most favorable settlement offer. Preliminary Conference In a personal injury lawsuit the attorney for you must prove that the negligence of the defendant led to your accident. You must also prove that you suffered injuries due to your accident and that the injuries you sustained are worthy of financial compensation. It can be a lengthy process, but it's at the trial that you will finally know if you will be awarded the compensation you deserve. In a trial before jurors your lawyer will argue the defendant's responsibility and they will argue that they have to pay for your losses. The defendant will present evidence to show that their actions were unrelated to the accident. This will prevent them from settling your losses. You must attend a pre-trial conference prior to proceeding with the trial. This is the first time your case will be subject to deadlines imposed by a court. It is also the time that your attorney will discuss the case with the defense. A judicial registrar, also known as a member from the court staff, usually conducts preliminary conferences. Unless the case is handled in accordance with the New York's Differentiated Case Management Rule, or if it is exempted from the Rules All participants are required to attend in person. However, if a party is unable to attend in person they can take part via phone or online with the permission of the convenor. If your case will be part of the Differentiated Case Management Program, an initial meeting also provides an opportunity to determine if your case falls within one of three categories: complicated or expedited standard. Bill of Particulars After a complaint and summons are filed, the defendants who are named in the lawsuit have either twenty or thirty days in which to file an Answer (although this time frame can be extended if the court gives permission). When the Answer is filed, the case enters what is known as the discovery phase. In this stage the parties exchange information through written discovery demands and depositions. At the conclusion of discovery, the plaintiff's attorney prepares what is called a Bill of Particulars. The document details legal claims 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 that are made to help them prepare for trial. The court must examine a Bill of Particulars before it is able to be followed. In general, a court will only abide by the Bill of Particulars if it is not vague or broad. A Bill of Particulars must only include the specific acts of negligence that are being alleged, and not add any new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ), for example, was a case where the court ruled that the plaintiff was not negligent. 1994), the court sustained the motion to strike references to willful and intentional actions from a medical malpractice claim. The court will also not allow a new doctrine to be added at a point in the case that is unreasonable late. To avoid causing prejudice any late amendment to the Bill of Particulars must be supported by an affidavit that gives a reasonable explanation for the tardiness of the amendment. Physical Exam You may question why a doctor who doesn't know you or your medical history and is unfamiliar with the details of your incident, would be asked to conduct a medical exam. This type of exam is required under Washington law, could be beneficial to your case. IMEs are typically conducted by doctors hired by the insurance company of the defendant. They are there to offer a different perspective on your injuries. These physicians, who are sometimes called “independent”, have their own agendas and financial stakes in reducing the compensation that is given to victims of injuries. Your Orange County personal injury attorney will make sure you know what you can expect from an IME and will provide the doctor with a copy of all pertinent medical records. Your lawyer will be present during the IME to ensure that the questions posed by the doctor are in accordance with your medical records. Do not underplay or exaggerate the severity of your injury to these doctors. They are trained to detect fraud, and may utilize this information in court.