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What is a Personal Injury Lawsuit? You could be entitled to compensation if you have been injured due to the actions or inactions of someone else. To learn more about your rights under the law, contact an experienced personal injury lawyer. A personal injury lawsuit is a civil action where the plaintiff is seeking money to cover their losses, such as medical expenses, lost wages, property damage, and other costs. The process can take anywhere from several months to several years. Damages A personal injury lawsuit is a legal proceeding to compel another person or entity to pay you money for damages related to an accident. The plaintiff is the one who was injured, and the defendants are the ones accountable. Personal injury cases can include wrongful death claims when someone dies due to the negligence or wrongdoing of others. Damages are usually divided into two categories: punitive and compensatory. Compensation damages are designed to help the victim get back on track again, including out-of-pocket expenses like medical bills as well as compensation for suffering and pain. Punitive damages are uncommon and designed to punish the offender for extreme behavior. The first category of damages is usually known as “economic damages.” This includes all out-of-pocket expenses associated with the accident and injuries. These may include hospital expenses medical expenses, doctor's charges and physical therapy costs. Some claims may also include additional expenses, such as the cost of travel to and from appointments or home modifications to accommodate a disability that is permanent. Non-economic damages are often called “pain and suffering” damages. San Diego injury attorneys are more difficult to quantify and involve the mental and emotional stress, anguish and suffering that accidents can cause. Based on the severity of your injuries, your lawyer will assist you to estimate the value of these damages. This could be based on the ability to do things you did before or your loss in consortium with your family. Statute of Limitations A legal requirement, known as the statute of limitations, any person who suffers an injury in an accident must bring a lawsuit within a specific time period or their claim will be dismissed by the courts. This is done 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 time limit varies from one state to another, but the majority of personal injury claims have a time frame of between two and four years. However, there are exceptions that may extend the time that a victim must file their claim and they should seek legal advice for help determining whether or not their case falls within one of the exceptions. The statute of limitations applies only to lawsuits that are filed in the court. A majority of injuries cases are resolved through the process of claiming insurance and do not require a formal lawsuit filing. Even so, it is important to allow yourself enough time to file a lawsuit in the event that negotiations do not follow the plan or an issue arises that can't be resolved through the insurance system. Certain circumstances may 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 example, the statute of limitations might not start to run until a victim has discovered or should have reasonably discovered that their injuries were caused by another person's negligent actions. In certain states, such as New York, the statute of limitations is different for claims against municipalities. Complaint A personal injury lawsuit is brought by the victim against the person who caused the injury. It claims that the defendant violated their duty of care and that this breach caused harm and losses for the plaintiff. The defendant is held responsible for these damages. The complaint is the first document that is filed in a personal injury lawsuit. It provides detailed details regarding the incident that led to your injuries and the damages you want. The complaint also includes an “prayer of relief” which outlines what you would like the court to do. The summons and complaint should be delivered to the defendant. After the complaint is filed, the defendant must file an answer to the complaint within a specific time period, and they may either deny or admit the allegations in the complaint. The defendant may also file a counterclaim, or add a third party defendant to the case as third party defendant. A successful personal injury lawsuit depends on solid evidence such as medical documents 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 collect can also assist us to negotiate with the defendants' attorneys or insurance agents to obtain the best settlement offer. Preliminary Conference In a personal injury lawsuit, your attorney must prove that the negligence of the defendant caused your accident. You must be able to prove that you sustained injuries due to your accident and that the injuries you sustained are worthy of financial compensation. This can be a long process however, the trial is where you'll be able to decide if you'll get the damages you deserve. In a jury trial, your lawyer will argue that the defendant is liable and is required to compensate you for the losses you suffered. The defendant will provide evidence that their actions are not related 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 established by the Court itself. This is also when your attorney will discuss the issue with the defense. Preliminary conferences are usually conducted by a judicial registrar or an individual from the court's staff. Unless the case is handled under 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 unable to attend in person they are able to participate via phone or internet, with the consent of the convenor. If your case is going to be a part of the Differentiated Case Management program, the preliminary conference will be a chance to determine whether your case falls under one of the three classifications which are expedited, standard or complex. Bill of Particulars When a summons and complaint are filed, the defendant parties who are named in the lawsuit have the option of having twenty or thirty days to file an Answer (although this time frame can be extended if the court gives approval). After the Answer is filed, the case moves into what is known as 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 representing the plaintiff drafts what is known as a Bill of Particulars. This document provides the legal claims that are being made and the relief requested – typically the award of damages in cash. The Bill of Particulars is intended to inform the defendant notice of the specific legal claims being made, so that they is able to effectively prepare for trial. The court must examine the Bill of Particulars before it is able to be followed. In general, a court will only be able to abide by a Bill of Particulars if it isn't vague or overly broad. A Bill of Particulars must only include the specific acts of neglect that are being asserted 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 a motion to strike all references to intentional and willful acts from a medical malpractice claim. Similarly, the court will not allow introduction of a new doctrine of recovery at an unreasonably late stage in the litigation. In order to avoid resultant negative consequences, an amendment made late to a Bill of Particulars should only be allowed when supported by an affidavit stating an acceptable explanation for the lateness of the amendment. Physical Exam It is possible to ask why a doctor who isn't familiar with you or your medical history and isn't familiar with the details of your accident, should be asked to conduct a medical exam. However, this kind of examination is actually an obligation under Washington law, and can be helpful in your case. IMEs are usually performed by doctors who are employed by the insurer of the defendant. Their goal is to offer a different view of your injuries. These doctors, often referred to as “independent”, have their own agendas and financial interests in reducing the amount of compensation that can be 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 fully informed about what to expect and will provide copies of all relevant medical records to the doctor to look over. Your lawyer will be present during the IME to make sure that the questions asked by the doctor are consistent with your medical records. It is important to avoid playing up or down the severity of your injuries to these doctors, as they are trained to spot fraud and could make use of this information against you at trial.