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What is a Personal Injury Lawsuit? You could be eligible for compensation if you have been injured due to the actions or inactions of someone else. Contact an experienced personal injury attorney to learn more about your rights. A personal injury lawsuit is a civil dispute in which the plaintiff seeks compensation for their losses. This can include medical bills, lost wages and property damage. The process can take anywhere between a few months and several years. Damages A personal injury lawsuit is a legal action that is used to force another individual or entity to pay you for damages resulting from an accident. The person who is injured is referred to as the plaintiff, while the parties accountable are known as defendants. Personal injury cases may include cases of wrongful death when someone dies due to the inattention or negligence of others. Damages are usually divided into two categories: punitive and compensatory. Compensatory damages are meant to help the victim get back on track for good, including out-of-pocket costs like medical bills and compensation for pain and suffering. Punitive damages, which are not common, are meant to punish the perpetrator when they have committed a number of extreme crimes. This category includes all expenses incurred as a result of the injury or accident. Citrus Heights injury lawsuit could include hospital bills, doctor's fees and physical therapy costs. Some claims could also cover additional costs, like travel costs to and from appointments or modifications to your home to accommodate a disability that is permanent. Non-economic damage can also be referred to by the term “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 assist you to value these damages based on the severity of your injuries. It could be based on the ability to enjoy activities you were previously able to enjoy or your loss of connection with family members. Statute of Limitations A legal requirement known as the statute of limitations requires that anyone who is injured in an accident must file a lawsuit before a certain date or else the claim will be dismissed. This is to stop evidence from being lost or lost, and to prevent those who delay bringing litigation related to an incident out indefinitely. The exact time frame differs from state to state however, personal injury claims typically have a two- to four-year limit. However, there are exceptions that can extend the amount of time that a victim must file their claim and they should seek legal advice for assistance in determining whether or not their case falls into one of the exceptions. The statute of limitations applies only to lawsuits that are filed in court. Insurance claims are typically used to settle injury cases and do not require formal lawsuits. However, it is important to allow yourself plenty of time to take legal action in the event that negotiations fail to go as planned or there is a problem that cannot be addressed by the insurance system. A few circumstances can pause the clock of the statute of limitations, but these instances are rare and generally need to be considered on an individual basis. The statute of limitations may not begin until the victim is aware or should have known that the injury resulted from someone else's negligence. In certain states, such as New York, it is different for claims made against municipalities. Complaint A personal injury lawsuit is filed by the victim against the party who caused the injury. The plaintiff claims that the defendant breached a duty of care, that this breach caused harm and loss to the plaintiff, and that the defendant should be held accountable for the damages. The first document filed in a personal injury lawsuit is referred to as the complaint. It contains specific details about the incident that caused your injuries. It also outlines the damages you seek. The complaint also includes an “prayer of relief” that outlines what you would like the court to do. The complaint must be served on the defendant along with a summons, which is a notice that they are being sued. The defendant must respond to the complaint within certain deadlines and either admit or deny all the allegations made in the complaint. The defendant can also make a counterclaim against the plaintiff or bring in another defendant as third-party defendant. A successful personal injury lawsuit is based on solid evidence including medical records and testimony from witnesses. We collaborate closely with our clients to ensure that all relevant information is collected and included in the case. The evidence we gather can also assist us to negotiate with defendants' attorneys or insurance agents to negotiate the most favorable settlement offer. Preliminary Conference In a personal injury case your lawyer must demonstrate 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 an amount of money. It's a long process, but it is at the trial that you'll finally know if you will receive the damages you are entitled to. In a jury trial, your lawyer will argue that the defendant is responsible and is required to compensate you for the losses you suffered. The defendant will present evidence to prove that their actions were unrelated to the accident. This will stop the defendant from paying for your losses. You must attend a pre-trial conference before you can proceed with the trial. This is typically the first time that your case will have deadlines set by the Court itself. It is also the time that 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. Unless the case is being handled by the New York's Differentiated Case Management Rule, or is otherwise exempt from the Rules, all participants are required to attend in person. If, however, a person is unable to attend in person they are able to take part via phone or online with the permission of the convenor. If your case is to be a part of the Differentiated Case Management program, a preliminary conference will also 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 defendant parties named in the lawsuit have either twenty or thirty days in which to respond (although this time frame can be extended with the court's permission). Once the Answer is filed, the case is moved into the discovery phase. During this time, both sides exchange information in the form of written demand for discovery and depositions. After the discovery process is concluded The attorney for the plaintiff prepares what is known as a Bill of Particulars. This document outlines the legal claims being made 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 being made, so that they can prepare for trial. The court must review the Bill of Particulars before it is allowed to be enforced. Generally speaking, the court will only accept a Bill of Particulars that is not vague or broad. A Bill of Particulars should be limited to the specific negligence that is being claimed and should not add new claims. For example in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. In 1994, the court affirmed the motion to strike all the reference to willful or deliberate actions in a medical malpractice case. The court will also not permit a new theory to be added at any point in the action that is unreasonably late. To avoid causing prejudice an amendment made late to the Bill of Particulars must be supported by an affidavit that provides a reasonable explanation for the tardiness of the amendment. Physical Examination When a defense attorney or insurance company asks you to attend an Independent Medical Examination (IME) Your first reaction could be to wonder why a doctor who does not know you, your medical history, and the details of your injury is required to conduct an examination. However, this type of exam is actually required under Washington law, and it could be beneficial in your case. Typically, IMEs are conducted by medical doctors who are employed by the defendant's insurance company and their goal is to offer a different perspective on your injuries. Although they are often referred to as “independent,” these physicians, just like insurance companies have their own agendas and financial interest in decreasing the amount of compensation that may be granted to a victim who has been injured. If you decide to go through an IME, your Orange County personal injury lawyer will ensure that you are well-informed about what to expect and will provide a copy of all relevant medical records to the doctor to review. Your lawyer will also be present at the IME and will ensure that you are being treated in a fair manner by ensuring that the doctors ' questions aren't divergent from those in your medical records. You should not downplay or exaggerate the severity of your injuries to these doctors. They are trained to spot dishonesty, and could use this information at trial.