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What is a Personal Injury Lawsuit? If you've been hurt through the actions or inactions, you could be able to recover compensation. Contact a knowledgeable personal injury lawyer to find out more about your rights. A personal injury lawsuit is civil dispute in which the plaintiff seeks compensation for their losses. This includes 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 compel another person or entity to pay compensation for the damage caused by an accident. The injured party is known as the plaintiff and the parties responsible are referred to as defendants. If someone dies as the result of the negligence or wrongdoing by others, wrongful death cases are often included in personal injury lawsuits. Damages are typically classified into two categories: punitive and compensatory. Compensation damages are based on medical bills, pain and suffering compensation, and other out of pocket expenses. Punitive damages, which are rare and are intended to punish the perpetrator if they have committed extreme actions. Elk Grove injury lawsuit covers all expenses caused by the injury or accident. These may include hospital expenses, doctor's fees and physical therapy costs. Some claims could also cover additional expenses, such as transportation costs to and from appointments or modifications to your home to accommodate a disability that is permanent. Non-economic losses are often called “pain and suffering” damages. These damages are harder to quantify and include the emotional distress and mental anguish that accidents can cause. Depending on the severity of your injuries your lawyer will assist you to estimate the value of the damages. This could be based on the ability to carry out the things you did before or your loss of consortium with family. Statute of Limitations A legal requirement known as the statute of limitations stipulates that anyone injured in an accident file a lawsuit before a certain date or else their claim will be dismissed. This is done to prevent 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 time is different from state to state however, personal injury claims typically have a two- to four-year limit. There are certain exceptions to the time to file a claim. If you need help to determine if your claim falls under one of these exceptions, it is recommended to seek legal advice. One of the main facets of the statute of limitations is that it is only applicable to the filing of a lawsuit in court. Many injury cases are resolved through the process of claiming insurance and do not require a formal lawsuit filing. It is 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 there is a problem that cannot be resolved with insurance. Certain circumstances can stop the statute of limitations clock however these cases are rare and generally need to be evaluated on a case-by-case basis. The statute of limitation may not start until the person realizes or should have realized that the injury was caused by 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 person who caused the injury. It asserts that the defendant breached their duty of care and that this breach resulted in loss and harm to the plaintiff. The defendant is held responsible for these damages. The first document you file with a personal injury lawsuit is referred to as the complaint, and it contains specific details about the incident that led to your injuries. It also lists the damages you are seeking. The complaint also includes an “prayer of relief” which describes 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 certain time frames and either accept or deny all the allegations contained in the complaint. The defendant can also bring a counterclaim against plaintiff or introduce another defendant as third-party defendant. A successful personal injury lawsuit is based on solid evidence, including medical records and testimony from witnesses. We work closely with our clients to ensure that all relevant information is collected and included in the case. The evidence can also help us negotiate with the defendant's attorneys or insurance representatives to get the best settlement offer possible. Preliminary Conference In a personal-injury lawsuit the lawyer for you must prove that negligence on the part of the defendant caused your accident. You must also prove that you suffered injuries due to your accident and that your injuries are a valid reason for financial compensation. It's a long process, but it is at the trial that you will 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 has to pay for the losses you suffered. The defendant will present evidence that their actions are unrelated to the accident, which prevents them from having to compensate you for your losses. You must attend a pre-trial meeting prior to proceeding with the trial. This is usually the first time your case will be subject to deadlines set by the Court itself. This is also the time when your attorney will discuss the issue with the defense. Preliminary conferences are typically conducted by a judicial registrar or an individual from the court's staff. All parties must attend the initial conference in person unless the case is handled under New York's Differentiated Case Management Rule or the Rules are exempted in other ways. If a party is unable to attend in person, the convenor may allow them to participate by phone or online. If your case will be part of the Differentiated Case Management Program, a preliminary meeting is also an opportunity to determine if your case falls within one of three categories: advanced standard or complex. Bill of Particulars After a summons or complaint are filed, the defendants who are named in the lawsuit have either twenty or thirty days in which to file an Answer (although this deadline can be extended if the court gives approval). Once the Answer has been filed, the case moves into the discovery phase. In this phase, both parties exchange information through written discovery demands and depositions. The lawyer for the plaintiff prepares a Bill of Particulars at the conclusion of the discovery. The document is a legal declaration of claims and the relief sought – typically the award of damages in cash. The Bill of Particulars is meant to inform the defendant of the specific legal claims made, to help them prepare for trial. Before a Bill of Particulars can be accepted, it must be examined by the court. In general, a court will only be able to abide by a Bill of Particulars if it is not vague or overbroad. A Bill of Particulars must only include the specific acts of neglect that are being claimed and not include any new claims. For instance, in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. 1994) The court ruled in favor of the motion to strike all references to intentional and willful acts from a medical malpractice claim. The court will not permit a new theory to be introduced at any point in the case that is unreasonablely late. In order to avoid resultant negative consequences, an amendment made late to the Bill of Particulars should only be allowed if accompanied by an affidavit offering a reasonable excuse for the lateness of the amendment. Physical Exam When a defense attorney or insurance company demands that you attend an Independent Medical Examination (IME) the first reaction could be to wonder the reason a doctor who may not know you or your medical history and the specifics of your incident is requested to conduct an exam. This type of examination is required under Washington law, can be beneficial to your case. IMEs are typically performed by doctors who are employed by the defendant’s insurance company. Their aim is to offer a different view of your injuries. These doctors, who are sometimes called “independent”, have their own agendas and financial interests in reducing the amount of compensation that is paid to victims. If you choose to undergo an IME If you decide to undergo an IME, your Orange County personal injury lawyer will ensure that you are aware of what to expect and will provide copies of all relevant medical records for the doctor to examine. Your lawyer will be present during the IME to ensure that the questions asked by the doctor are in line with your medical records. It is essential to not play with the severity of your injuries to the doctors, since they are trained to recognize fraud and could make use of this information against you at trial.