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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. To find out more about your legal rights, contact an experienced personal injury lawyer. A personal injury lawsuit is a civil dispute where the plaintiff seeks compensation for their losses. This can include medical bills as well as lost wages and property damage. The process can take anywhere from a few months to several years. Irvine injury lawyer is a process to compel another person or entity to pay you compensation for the damages resulting from an accident. The plaintiff is the injured party and the defendants are the ones accountable. If someone dies as the result of the carelessness or infractions committed by others the wrongful death case are often included in personal injury lawsuits. A victim's damages are typically divided into two categories which are: punitive and compensatory. Compensatory damages include medical bills as well as pain and loss compensation and other out-of pocket expenses. Punitive damages, which are rare, are meant to punish the wrongdoer if they have committed extreme crimes. This category covers all costs incurred as a result of the injury or accident. This could include doctor's fees as well as hospital expenses and physical therapy costs. Certain claims could also include additional costs, like the cost of travel to and from appointments, or home modifications to accommodate a permanent disability. Non-economic losses are often called “pain and suffering” damages. These damages are more difficult to quantify, and comprise the emotional distress and mental anguish that an accident can cause. Your lawyer can help you determine the value of these damages based on the severity of your injury. This could be based on the capacity to perform the things you were previously able to do or your loss in consortium with family. Statute of limitations In a legal rule known as the statute of limitations, any person who suffers an injury in an accident must file a lawsuit within a certain time frame or the claim will be rejected by the courts. This is done to stop evidence from being forgotten or lost and to stop people from dragging incident-related litigation out for a long time. The exact length of time for filing a claim varies from state to state however personal injury claims generally have a two-to four-year time limit. There are certain exceptions to the limit for filing a claim. If you require assistance determining if your case is one of these exceptions, it is best to seek legal advice. The statute of limitations applies only to lawsuits filed in court. Insurance claims are typically used to resolve injury cases and do not require formal lawsuits. It is important to give yourself enough time to start a lawsuit in the event that insurance negotiations don't go as planned, or if a problem arises that cannot be resolved with insurance. Certain circumstances may stop the clock on the statute of limitations, however they are extremely rare and have to be assessed on a case by case basis. The statute of limitation may not start until the person is aware or should have known that the injury was caused by someone else's negligence. In certain states, like New York, it is different for claims that are made against municipalities. Complaint A personal injury lawsuit is filed by the victim against the person who caused the injury. It claims that the defendant violated their duty of care, and that this breach resulted in damage and losses for the plaintiff. The defendant is then held 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 led to your injuries. It also outlines the damages you seek. The complaint also contains a “prayer of relief” that outlines what you want the court to do. The summons and complaint must be delivered to the defendant. After the complaint is filed, the defendant has to file an answer to the complaint within a specified time frame, and must either accept or deny the allegations in the complaint. The defendant can also file a counterclaim, or add another defendant to the case as a third party defendant. A successful personal injury lawsuit is built on solid evidence, including medical records and witness testimony. We collaborate closely with our clients to ensure that all relevant information is collected and included in the case. The evidence will also help us negotiate with the defendant's attorneys or insurance representatives to get the best settlement 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 also prove that you suffered injuries from your accident, and that the injuries you sustained are worthy of financial compensation. It's not an easy process, but it is at the trial that you'll finally know if you will be awarded the compensation you are entitled to. In a trial before a jury, your lawyer will argue that the defendant is liable and has to pay for the losses you suffered. The defendant will provide evidence that their actions do not contribute to the accident, which prevents them from having to pay you for your losses. Before proceeding to trial, you must attend a preliminaries conference. This is the first time that your case has deadlines set by a judge. This is also when your attorney will discuss the matter with the defense. Preliminary conferences are typically conducted by a judicial register or a member of the court's staff. All parties must attend the preliminary conference in person unless the case is handled under New York's Differentiated Case Management Rule or the Rules are otherwise exempted. If a party is unable to attend in person, the convenor can permit them to participate via phone or online. If your case is going to be a part of the Differentiated Case Management program, the preliminary conference will provide an opportunity to determine whether your case falls within one of the three categories which are expedited, standard or complex. Bill of Particulars After the complaint and summons have been filed, defendants named in the lawsuit will have between twenty and thirty days (although this timeframe may be extended by the court). After the Answer has been filed, the case moves into the discovery phase. During this time both sides exchange information in the form of written demands for discovery and depositions. The plaintiff's lawyer prepares a Bill of Particulars at the end of the discovery. The document is a legal declaration of claims and the relief sought – typically an award of money damages. The Bill of Particulars is intended to put the defendant on notice of the specific legal claims being made, so that he or she is able to effectively prepare for trial. The court must review a Bill of Particulars before it is able to be followed. In general, courts will only comply with a Bill of Particulars that is not vague or overly broad. A Bill of Particulars should be limited to the specific acts of negligence being asserted and should not include new claims. For example in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. In 1994, the court affirmed a motion to strike any references to willful or intentional actions in a medical malpractice case. The court will also not allow a new theory to be introduced at a point in the action that is unreasonably late. To avoid prejudice, an amendment made late to the Bill of Particulars must be supported by an affidavit, which gives a reasonable explanation of the lateness of this amendment. Physical Examination If a defense attorney or insurance company requests that you attend an Independent Medical Examination (IME) the first reaction may be to question why a doctor who does not know you and your medical history and the specifics of your injury is asked to conduct an exam. This type of examination is required by Washington law, could be beneficial to your case. IMEs are usually performed by doctors who are employed by the insurance company of the defendant. Their aim is to offer a different view of your injuries. Although they are often called “independent,” these physicians, just like insurance companies have their own agendas and financial stake in reducing the amount of compensation that could be awarded to an injured victim. Your Orange County personal injury attorney will ensure that you are aware of 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 can ensure that you are being examined in a fair manner by ensuring that the questions of the doctor do not diverge from the ones you have in your medical records. It is crucial to not play up or down the extent of your injuries with these doctors, as they are trained to spot the deceit and may make use of this information against you at trial.