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What is a Personal Injury Lawsuit? Yorba Linda injury lawyer You Tube could be entitled to compensation if have been injured due to the actions or inactions of someone else. To learn more about your legal rights, contact an experienced personal injury lawyer. A personal injury lawsuit is a civil litigant in which the plaintiff seeks compensation for their loss. This includes medical expenses as well as lost wages and property damage. The process can take anywhere from a few months to several years. Damages A personal injury lawsuit is a process to force another person or entity to pay you money for damages related to an accident. The party who suffered the injury is known as the plaintiff, while the parties accountable are known as defendants. When someone dies as a result of negligence or wrongdoing by others the wrongful death case can be included in personal injury lawsuits. The damages of a victim are typically broken down into two groups which are: punitive and compensatory. Compensatory damages are meant to help the victim get back on track again, including out-of-pocket expenses such as medical expenses as well as compensation for pain and suffering. Punitive damages are not common and designed to punish the offender for extreme behavior. The first type of damages is usually known as “economic damages.” This is the term used to describe the cost of out-of-pocket expenses incurred due to the accident or injury. This could include doctor's fees, hospital costs and physical therapy expenses. Some claims could also cover additional costs, like the cost of travel to and from appointments, or home modifications to accommodate a disability that is permanent. Non-economic damages are commonly described as “pain and suffering” damages. They are more difficult to quantify and involve the emotional distress, mental anguish and suffering that an accident can cause. Based on the severity of your injuries your lawyer can help you place a value on the damages. This could be based on the ability to carry out the activities you used to or your loss in consortium with your family. Statute of limitations A legal requirement known as the statute of limitations requires that anyone who is injured in an accident file a lawsuit before a certain date or the claim will be dismissed. This is to safeguard evidence from being lost or lost in the shuffle and to stop people from drag out litigation relating to incidents for an indefinite period. The exact length of time for filing a claim is different from state to state, however, personal injury claims typically have a two-to four-year limitation. There are certain exceptions to the period for filing claims. If you need help to determine if your claim falls within one of these exceptions, then it is recommended to seek legal advice. The statute of limitations only applies to lawsuits that are filed in the court. Many cases of injury are resolved through the process of filing an insurance claim and do not require formal lawsuit filing. It is still important to give yourself enough time to bring a lawsuit in the event that negotiations with insurance aren't as smooth as you had hoped, or if a problem arises that is not resolved by insurance. Certain circumstances can stop the clock on the statute of limitations, however they are extremely rare and have to be assessed on a case-by case basis. For instance the statute of limitations may not begin to run until a victim discovered or should have reasonably discovered that their injuries were caused by another person's negligent actions, and in certain states, like New York, the statute of limitations differs for claims against municipalities. Complaint A personal injury lawsuit is a civil suit filed by an injured party against the person or entity who caused the injury. It claims that the defendant breached their duty of care and this breach resulted in 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 referred to as the complaint. It contains specific details about the incident that led to your injuries and outlines the damages you are seeking. It also contains a “prayer for relief” that outlines what you would like the court to do. The complaint must be served to the defendant with a summons that is a notice that they are being sued. After the complaint is filed, the defendant is required to file an answer to the complaint within a specified timeframe, and may either deny or admit the allegations in the complaint. The defendant can also file a counterclaim, or add a third party defendant to the case as third party defendant. A successful personal injury lawsuit is based on solid evidence such as 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 defense attorneys or insurance agents to get the best possible settlement offer. Preliminary Conference In a personal injury case your lawyer must demonstrate that the negligence of the defendant led to your accident. You must also prove you were injured in your accident and that these injuries are worthy of an amount of money. It can be a lengthy process however, the trial is when you will be able to determine if you'll get the damages you deserve. In the case of a trial before a jury your lawyer will argue for the defendant's liability and that they must pay for your losses. The defendant will provide evidence to prove that their actions were not related to the accident. This will prevent them from paying you for your losses. You must attend a pre-trial meeting prior to proceeding with the trial. This is the first time your case has deadlines set by a judge. This is also the time when your attorney will discuss the issue with the defense. A judicial registrar, or a member of the court's staff, usually conducts preliminary conferences. If the case is handled by the New York's Differentiated Case Management Rule, or otherwise exempted from the Rules All participants are required to attend in person. If a party is not able to attend in person, the convenor can permit them to attend via telephone or online. 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 namely expedited standard or complex. Bill of Particulars After the complaint and summons are filed, the defendants named in the lawsuit will have twenty to thirty days (although this deadline may be extended by the court). Once the Answer has been filed, the case is moved into the discovery phase. During this phase both parties exchange information via written discovery demands and depositions. The lawyer for the plaintiff prepares a Bill of Particulars at the conclusion of the discovery. The document details legal claims and the relief sought – typically an award of money damages. The Bill of Particulars is meant to inform the defendant of the specific legal claims that are made so that they can prepare for trial. Before a Bill of Particulars can be followed, it must be examined by the court. In general, courts will only comply with a Bill of Particulars that 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. For instance in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. 1994), the court sustained the motion to strike references to intentional and willful acts from a medical negligence claim. The court will also not allow a new doctrine to be added at an stage in the litigation that is unreasonably late. To avoid prejudice, any late amendment to the Bill of Particulars must be supported by an affidavit that gives a reasonable explanation of the delay of this amendment. Physical Examination It is possible to ask why a doctor who doesn't know you or your medical history and isn't familiar with the details of your incident, would be asked to conduct a medical exam. This type of exam, which is required by Washington law, could be beneficial to your case. Typically, IMEs are conducted by medical doctors who are employed by the defendant's insurance company and their aim is to offer a different perspective on your injuries. These doctors, who are sometimes referred to as “independent”, have their own goals and financial interests in reducing the compensation that is paid to victims. If you decide to undergo an IME the Orange County personal injury lawyer will make sure that you are fully informed about what to expect and will provide the complete set of medical records to the doctor to look over. Your lawyer will also be present at the IME and will ensure that you are examined fairly by ensuring that the doctors questions do not deviate from the ones you have in your medical records. It is important to not play with the extent of your injuries with the doctors, since they are trained to spot fraud and could utilize this information against you in trial.