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What is a Personal Injury Lawsuit? You could be eligible for compensation if you were injured as a result of the actions or inactions of a third party. Contact an experienced personal injury lawyer to find out more about your rights. A personal injury lawsuit is a civil litigation where 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 legal proceeding that is used to compel another person, or entity, to pay you for damages resulting from an accident. The party who suffered the injury is known as the plaintiff while the parties responsible are referred to as defendants. Personal injury cases can also include wrongful death claims when someone dies due to the negligence or wrongdoing of others. Damages are typically classified into two categories: compensatory and punitive. Compensatory damages include medical bills as well as pain and loss compensation and other out-of pocket expenses. Punitive damages, which are not common and are intended to punish the offender for committing extreme actions. The first type of damages is usually known as “economic damages.” This covers the cost of out-of-pocket expenses incurred due to the accident and injuries. These could include hospital bills medical expenses, doctor's charges 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 damage can also be called “pain and suffer” damages. These damages are more difficult to quantify, and they include the emotional stress and mental stress caused by accidents. Your lawyer will help you determine the value of these damages based on the severity of your injuries. It could be based on your ability to enjoy activities you used to do or the loss of your relationship with family members. Statute of Limitations A legal rule known as the statute of limitation obliges anyone injured in an accident file a lawsuit before a certain date or the claim will be dismissed. This is done to prevent evidence from being forgotten or lost, and to prevent those who delay bringing litigation related to an incident out indefinitely. The exact length of time for filing a claim is different between states, but personal injury claims typically have a two- to four-year limit. There are some exceptions to the time period for filing a claim. If you require assistance determining if your case falls within one of these exceptions, it is recommended to seek legal advice. The statute of limitations is only applicable to lawsuits filed in the court. Insurance claims are typically used to resolve injuries and do not require formal lawsuits. It is important to give yourself enough time to start a lawsuit in the event that insurance negotiations do not go as planned or if there is a problem that cannot be resolved with insurance. A few circumstances can pause the statute of limitations clock however, these situations are extremely rare and need to be analyzed on an individual case-by-case basis. For instance the statute of limitations might not start running until a victim discovered or should have reasonably discovered that their injury was caused by a negligent actions. 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 person who caused the injury. The plaintiff claims that the defendant violated their duty of care and the breach caused damage and losses for the plaintiff. The defendant is then accountable for the damages. The complaint is the initial document that you file in a personal injury lawsuit. It includes specific allegations concerning the incident that led to your injuries and the damages you are seeking. It also includes the “prayer for relief” that outlines what you would like the court to do. The complaint must be served to the defendant with a summons, which is a notice that they are being sued. After the complaint is filed, the defendant must respond to the complaint within a specific time frame, and will either admit or deny the allegations made in the complaint. The defendant can also file a counterclaim against the plaintiff or bring in a different defendant as third-party defendant. A successful personal injury lawsuit relies on solid evidence such as medical documents and testimony from witnesses. We work closely together with our clients to collect all relevant information and then include it in the case. The evidence will 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 case, your lawyer must prove that negligence on the part 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 will be able to determine if you'll get the damages you deserve. In a trial before the jury your lawyer will argue the defendant's liability and that they must compensate you for your losses. The defendant will provide evidence that their actions are unrelated to the accident, which will keep them from having to reimburse you for your losses. Before Sunnyvale can proceed to trial, you must attend a preliminaries conference. This is often the first time your case will be subject to deadlines established by the Court itself. This is also the time where your attorney will discuss the case with the defense. A judicial registrar, or an official from the court staff, typically holds preliminary conferences. All parties must attend the initial conference in person unless the case is handled in accordance with the New York's Differentiated Case Management Rule or the Rules are otherwise exempted. If a party cannot attend in person, they may take part via phone or online with the permission of the convenor. If your case is going to be part of the Differentiated Case Management program, a preliminary conference will also be an opportunity to identify whether your case falls under one of the three classifications that are expedited, standard, or complex. Bill of Particulars After the complaint and summons have been filed, the defendants named in the lawsuit will be given between twenty and thirty days (although this timeframe can be extended by the court). Once the Answer is filed, the case is moved to what is known as the discovery phase. In this phase both parties exchange information through written demands for discovery and depositions. At the conclusion of discovery The attorney for the plaintiff prepares what is called a Bill of Particulars. The document is a legal declaration of claims 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 made, so that they can prepare for trial. The court must look over a Bill of Particulars before it is able to be followed. Generally speaking, the court will only comply with a Bill of Particulars that is not overbroad or vague. A Bill of Particulars must only include the specific acts of negligence that are being asserted, and not add any new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ), for example was a case where the court found that the plaintiff had not been negligent. In 1994, the court upheld the motion to strike all references to intentional or willful actions in a medical malpractice case. The court will not allow a new theory to be added at an point in the case that is unreasonablely late. In order to avoid resultant prejudice, a belated amendment to a Bill of Particulars should only be allowed when supported by an affidavit offering an acceptable explanation for the lateness of the amendment. Physical Examination If a defense attorney or insurance company requests that you attend an Independent Medical Examination (IME), your natural first instinct could be to wonder why a doctor who does not know you, your medical history, and the specifics of your accident is being requested to conduct an exam. 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 representing the defendant and their goal is to offer an alternative perspective on your injuries. Although they are sometimes referred to as “independent,” these physicians, just like insurance companies – have their own agenda and financial interest in reducing the amount of compensation that can be awarded to an injured victim. Your Orange County personal injury attorney will make sure you know what to expect from an IME and will give a copy to the doctor of all relevant medical records. Your lawyer will also be present at the IME and will ensure that you are being examined in a fair manner by ensuring that the doctors questions do not deviate from the ones in your medical records. It is important to avoid playing up or down the extent of your injuries with these doctors, as they are trained to recognize fraud and could utilize this information against you at trial.