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What is a Personal Injury Lawsuit? If you have been injured due to another's actions or inactions, you may be able to recover 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, lost wages and property damage. The process can last from a few months to several years. Damages A personal injury lawsuit is a process to force another person or entity to pay compensation for the damage caused by an accident. The party who suffered the injury is known as the plaintiff and the parties responsible are referred to as defendants. Personal injury cases can include the wrongful death of a person who dies due to negligence or wrongdoing of others. The damages a victim suffers are usually divided into two categories which are: punitive and compensatory. Compensation damages can include medical bills as well as pain and suffering compensation, and other out of pocket expenses. Punitive damages are not common and are intended to penalize the perpetrator for their extreme behavior. This category includes all expenses that result from the injury or accident. These might include doctor's bills, hospital costs and physical therapy expenses. Some claims may also include additional expenses, such as travel costs to and from appointments, or the need to modify 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 comprise the emotional distress and mental stress caused by accidents. Based on the extent of your injuries, your lawyer will help you estimate the value of the damages. This could be based on the ability to participate in activities that you used to do or the loss of your relationship with family members. Statute of Limitations A legal requirement, known as the statute of limitations, any person who is injured in an accident must make a claim within a specific time period or else their claim will be rejected by the courts. This is to stop evidence from being lost or lost, and also to stop people from dragging incident-related litigation out for a long time. The exact duration of the time limit varies from one state to another, but most personal injury lawsuits have a time limit of between two and four years. However, there are exceptions that may extend the time a victim has to submit their claim. They should seek legal advice when to determine if their case falls into one of these exceptions. The statute of limitations only applies to lawsuits filed in court. Many injury cases are resolved through the process of filing an insurance claim and do not require a formal lawsuit filing. Even so, it is crucial to give yourself plenty of time to take legal action in the event that negotiations fail to go as planned or an issue arises that can't be easily addressed through the insurance system. Certain circumstances can stop the clock on the statute of limitations, but they are extremely rare and have to be evaluated on a case-by-case basis. For instance, the statute of limitations may not start to run until the victim discovers or should have reasonably discovered that their injury was caused by another person's negligence, and in some states, such as New York, the statute of limitations is different for claims 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 their duty of care and this breach caused loss and harm to the plaintiff. The defendant is then held accountable for the losses. The first document filed in a personal injury lawsuit is called the complaint, and it contains specific details about the incident that led to your injuries. It also outlines the damages you are seeking. The complaint also contains a “prayer of relief” which outlines what you want the court to do. The complaint must be served on the defendant along with a summons that is a notice that they are being sued. The defendant must respond to the complaint within a set of time limits and either admit or deny all the allegations made in the complaint. The defendant may also file a counterclaim against the plaintiff or bring in another defendant as a third-party defendant. A successful personal injury lawsuit depends on solid evidence such as medical records and testimony from witnesses. We work closely with our clients to collect all relevant information and include it in the case. The evidence we collect will also assist us in negotiate with the defense lawyers or insurance agents to obtain the best 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 the accident and that the injuries are worth the amount of financial compensation. It's a long procedure, but it's at the trial that you will find out if you receive the damages you are entitled to. In the trial before jurors, your lawyer will argue that the defendant is at responsibility and the need to compensate you for your losses. El Cajon injury attorneys will provide evidence that their actions do not contribute to the accident, which will prevent them from having to reimburse you for your losses. Before proceeding to trial, you must attend a preliminaries conference. This is often the first time that your case will have deadlines set by the Court itself. This is also the time when your lawyer will discuss the case with the defense. A judicial registrar, or an individual of the court's staff, typically conducts preliminary conferences. All parties must attend the initial conference in person unless the case is handled by the New York's Differentiated Case Management Rule or the Rules are otherwise exempted. If a party is not able to attend in person, the convenor can permit them to attend via phone or via the internet. If your case is scheduled to be a part of the Differentiated Case Management program, an initial conference can provide an opportunity to determine whether your case falls into one of the three classifications that are expedited, standard, or complex. Bill of Particulars After a complaint and summons are filed, the defendant parties identified in the lawsuit are given the option of having twenty or thirty days to submit an Answer (although this time frame can be extended if the court gives consent). After the Answer is filed, the case enters what is called the discovery phase. In this phase the parties exchange information in the form of written demand for discovery and depositions. After the discovery process is concluded, the plaintiff's attorney prepares what is called a Bill of Particulars. The document details the legal claims that are being made and the relief requested – typically 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 they can prepare effectively for trial. The court must look over a Bill of Particulars before it is allowed to be enforced. In general, courts will only abide by a Bill of Particulars that is not overbroad or vague. A Bill of Particulars must only include the specific acts of neglect that are being alleged and not include any 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. 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 not permit a new theory to be added at any stage in the litigation that is unreasonable late. To avoid prejudice, a belated amendment to a Bill of Particulars should only be allowed if accompanied by an affidavit stating an adequate explanation for the delay in the amendment. Physical Examination You may question the reason why a doctor, who isn't familiar with you or your medical history, and isn't familiar with the specifics of your accident, should be required to conduct a medical examination. This type of examination is required by Washington law, can be beneficial to your case. Typically, IMEs are conducted by doctors medical who are hired by the insurance company of the defendant and their aim is to provide a different perspective to your injuries. Although they are often described as “independent,” these physicians – just like the insurance companies have their own agendas and financial stake in decreasing the amount of compensation that can be given to a victim of injury. If you decide to undergo an IME the Orange County personal injury lawyer will ensure that you are fully informed about what to expect and provide the complete set of medical records for the doctor to examine. Your lawyer will be present during the IME to ensure that the questions posed by the doctor are in accordance with your medical records. You should not downplay or exaggerate the severity of your injuries to the doctors. They are trained to spot fraudulent behavior, and can use this information at trial.