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What is a Personal Injury Lawsuit? You may be entitled to compensation if were injured as a result of the actions or inactions of a third party. To learn more about your legal rights, contact an experienced personal injury lawyer. A personal injury lawsuit is a civil litigation where the plaintiff seeks compensation for their losses. This includes medical expenses, lost wages and property damage. The process can last from several months to several years. Damages A personal injury lawsuit is a process to compel a person or entity to pay compensation for the damage caused by an accident. The plaintiff is the injured party, and the defendants are accountable. Personal injury cases can also include wrongful death claims when someone dies due to negligence or wrongdoing of others. The damages a victim suffers are usually divided into two categories: compensatory and punitive. Compensatory damages are meant to help the victim get back on track for good, including out-of-pocket costs such as medical bills as well as compensation for suffering and pain. Punitive damages are rare and designed to punish the wrongdoer for extreme conduct. The first type of damages is usually called “economic damages.” This is the term used to describe any out-of-pocket costs resulting from the accident or injury. This could include doctor's fees as well as hospital expenses and physical therapy costs. In certain cases other expenses such as the cost of traveling to and from appointments, or changes to your home to accommodate permanent disabilities could also be included in an insurance claim. Non-economic damages can also be referred to by the term “pain and suffer” damages. These damages are more difficult to quantify and comprise the emotional distress and mental anguish that an accident can cause. Depending on the severity of your injuries, your lawyer will help you estimate the value of the damages. This could be based on the ability to enjoy activities you were previously able to enjoy or your loss of consortium with family members. Statute of Limitations A legal rule known as the statute of limitation obliges anyone injured in an accident must file a lawsuit before a certain date or their claim will be dismissed. This is to stop evidence from being forgotten or lost, and also to stop individuals from dragging litigation relating to incidents out for a long time. The exact duration of the time limit is different from one state to another, but most personal injury lawsuits have a limit of between two and four years. However, there are Anaheim injury lawsuits that could extend the time a victim has to make a claim, and they should seek legal advice for help to determine if your case falls under one of the exceptions. The statute of limitations only applies to lawsuits that are filed in the court. Many injury cases are resolved through the process of filing an insurance claim and do not require a formal lawsuit filing. 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 clock of the statute of limitations however these cases are rare and generally need to be considered on a case-by-case basis. For example, the statute of limitations might not start running until a victim discovered or should have reasonably discovered that their injuries were caused by another person's 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 filed by the victim against the party who caused the injury. The plaintiff claims that the defendant violated the duty of care, that this breach caused harm and losses to the plaintiff and that the defendant is accountable for the losses. The first document filed in a personal injury lawsuit is called the complaint, and it includes specific allegations regarding the incident that caused your injuries. It also outlines the damages you are seeking. The complaint also includes an “prayer of relief” which describes what you would like 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 contained in the complaint. The defendant may also file a counterclaim, or add a third party defendant to the case as a third party defendant. A successful personal injury lawsuit relies on solid evidence including medical documents and testimony from witnesses. We work closely together with our clients to collect the relevant information and incorporate it in the case. The evidence can also help us negotiate with the defendant's attorneys or insurance agents to obtain the best settlement offer possible. Preliminary Conference In a personal injury case the attorney for you must prove that the defendant's negligence caused your accident. You must also prove you were injured in your accident and that the injuries are worth an amount of money. This could be a long process, but the trial is when you can finally determine whether you'll get the damages you're entitled to. In the trial before the jury the lawyer will argue the defendant's responsibility and they will argue that they have to compensate you for your losses. The defendant will provide evidence to prove that their actions were unrelated to the accident. This will stop them from settling your losses. You must attend a pre-trial conference before proceeding with the trial. This is the first time that your case will be subject to deadlines imposed by a court. This is also when your attorney will discuss the issue with the defense. Preliminary conferences are typically conducted by a judicial register or someone on the court's staff. Unless the case is handled in accordance with the New York's Differentiated Case Management Rule, or is otherwise exempt from the Rules the participants are required to attend in person. If a party is not able to attend in person, the convenor can permit them to participate via telephone or online. If your case is scheduled to be a part of the Differentiated Case Management program, a preliminary conference will also provide an opportunity to determine whether your case falls into one of the three categories which are expedited, standard or complex. Bill of Particulars After the summons and complaint are filed, the defendants named in the lawsuit will have twenty to thirty days (although this timeframe 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 sides 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. This document outlines the legal claims that are 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 that are made to help them prepare for trial. The court must review a Bill of Particulars before it is able to be followed. In general, a court will only be able to 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 claimed, and not add any new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ), for example was a case in which the court found that the plaintiff had not been negligent. In 1994, the court upheld the motion to strike out the reference to willful or deliberate acts in a medical malpractice case. Similarly, the court will not allow introduction of a new doctrine of recovery at a disproportionately late stage in the litigation. To avoid prejudice, any late amendment to a Bill of Particulars must be supported by an affidavit which provides a reasonable explanation for the lateness of this amendment. Physical Exam You might be wondering why a doctor who isn't familiar with you or your medical history and isn't familiar with the specifics of your incident, would be asked to conduct a medical examination. This type of exam is required under Washington law, could be beneficial to your case. IMEs are typically performed by doctors who are employed by the defendant’s insurance company. Their goal is to offer a different perspective on your injuries. These physicians, who are often referred to as “independent” and have their own agendas and financial interests in reducing the amount of compensation that can be paid to victims. Your Orange County personal injury attorney will ensure that you understand what to expect from an IME and will give the doctor with a copy of all relevant medical records. Your lawyer will also be present at the IME and will ensure that you are being examined fairly by ensuring that the doctors ' questions aren't divergent from those in your medical records. It is crucial to not play up or down the extent of your injuries with the doctors, since they are trained to spot fraud and could utilize this information against you in trial.