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What is a Personal Injury Lawsuit? If you've been injured due to another's actions or inactions, you may be entitled to compensation. Contact a seasoned personal injury lawyer to learn more about your rights. A personal injury lawsuit is a civil matter where the plaintiff is seeking compensation for their losses, which include medical bills, lost wages property damage and other expenses. The process can take anywhere from several months to several years. Damages A personal injury lawsuit is a legal action which is filed to force another person or entity to pay you compensation for damages caused by an accident. The plaintiff is the injured party, and the defendants are responsible. If someone dies as the result of the carelessness or infractions committed by others In wrongful deaths, the case are often included in personal injury claims. The damages of a victim are typically broken down into two groups which are: punitive and compensatory. Compensatory damages include medical bills as well as pain and suffering compensation, and other out of pocket expenses. Punitive damages, which are very rare and are designed to punish the offender when they have committed a number of extreme actions. The first type of damages is often referred to as “economic damages.” This is the term used to describe all out-of-pocket expenses associated with the accident or injury. These could include doctor's bills, hospital costs and physical therapy costs. Some claims may also include additional costs, like the cost of travel to and from appointments or the need to modify your home to accommodate a permanent disability. Non-economic damages are often referred to as “pain and suffering” damages. These damages are harder to quantify and comprise the emotional distress and mental stress caused by accidents. Rialto injury lawsuit youtube.com will help you determine the value of these damages based on the severity of your injuries. This could be based on your ability to continue enjoying the activities you used to do or your loss of connection with family members. Statute of limitations Under a legal rule called the statute of limitations, anyone who is injured in an accident must file a lawsuit within a specific time period or the claim will be dismissed by the courts. This is to prevent evidence from being lost or forgotten, and to stop people from drag out litigation relating to incidents for an indefinite period. The exact time frame is different from state to state however personal injury claims generally have a two-to four-year limit. However there are exceptions that may prolong the time a victim has to make a claim, and they should seek legal advice for assistance in to determine whether or not their case falls within one of the exceptions. One of the most important aspects of the statute of limitations is that it applies only to the filing of a lawsuit in a court. Many injury cases are resolved through the process of filing an insurance claim and do not require a formal lawsuit filing. It is important to allow yourself enough time to bring a lawsuit in the event that negotiations with insurance aren't as smooth as you had hoped, or if there is a problem that is not resolved by insurance. Certain circumstances can stop the clock on the statute of limitations, but they are rare and need to be assessed on a case-by case basis. For instance the statute of limitations may not start running until the victim discovers or should have reasonably discovered that their injury was caused by another person's negligent actions, and in certain states, like New York, the statute of limitations is different for claims against municipalities. Complaint A personal injury lawsuit is brought by the victim against the party who caused the injury. It alleges that the defendant breached the duty of care, and that this breach caused harm and loss to the plaintiff and that the defendant should be held accountable for the damages. The complaint is the primary document that is filed in a personal injury case. It provides detailed details regarding the incident that led to your injuries, as well as the damages you want. The complaint also contains an “prayer for relief” that describes what you want the court to do. The summons and complaint must be given to the defendant. After the complaint is filed, the defendant must submit an answer to the complaint within a specified time period, and they must either accept or deny the allegations made in the complaint. The defendant can also make a counterclaim against the plaintiff or bring in another defendant as third-party defendant. A successful personal injury lawsuit depends on solid evidence such as medical documents and testimony from witnesses. We work closely together with our clients to gather the relevant information and incorporate it in the case. The evidence we have can also assist us to negotiate with the defendants' attorneys or insurance companies to get the best possible settlement offer. Preliminary Conference In a personal-injury case your lawyer must show that negligence on the part of the defendant led to your accident. You must be able to prove that you sustained injuries as a result of your accident, and that the injuries you sustained are worthy of financial compensation. It's not an easy procedure, but it's at the trial that you will find out if you be awarded the compensation you deserve. In a jury trial, your lawyer will argue that the defendant is liable and must pay you for your losses. The defendant will present evidence to prove that their actions were not related to the accident. This will prevent them from paying you for your losses. Before proceeding to trial you must attend a preliminaries conference. This is often the first time your case will have deadlines set by the Court itself. This is also when your attorney will discuss the issue with the defense. A judicial registrar, also known as an official of the court's staff, usually conducts preliminary conferences. All parties must attend the preliminary conference in person unless the case is handled by the New York's Differentiated Case Management Rule or the Rules are otherwise exempted. If a party is not able to attend in person, the convenor is able to allow them to participate by phone or via the internet. If your case is going to be part of the Differentiated Case Management program, a preliminary conference will also be a chance to determine whether your case falls under one of the three categories which are expedited, standard or complex. Bill of Particulars After the complaint and summons have been filed, the defendants named in the lawsuit will have between twenty and thirty days (although this time frame may be extended by the court). Once the Answer is filed, the case moves into what is known as the discovery phase. In this period both sides exchange information in the form of written demand for discovery and depositions. The lawyer of the plaintiff drafts a Bill of Particulars at the end of the discovery. The document details legal claims and the relief sought – usually an award of money damages. The Bill of Particulars is intended to put the defendant on notice of the specific legal claims being filed so that they can effectively prepare for trial. Before a Bill of Particulars can be followed, it must be examined by the court. In general, the court will only abide by a Bill of Particulars if it is not vague or overbroad. A Bill of Particulars should be limited to the specific acts of negligence claimed and should not contain new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ), for example was a case in which the court found that the plaintiff was not negligent. In 1994, the court affirmed the motion to strike out references to intentional or willful acts in a medical negligence case. The court will not permit the introduction of a new doctrine of recovery at a disproportionately late stage in the litigation. To avoid causing prejudice, any late amendment to a 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 asks you to attend an Independent Medical Examination (IME) the first reaction could be to wonder the reason why a doctor who does not know you, your medical history, and the specifics of your accident is being required to conduct an examination. However, this type of examination is actually a requirement under Washington law, and it could be beneficial in your case. IMEs are usually performed by doctors who are employed by the defendant’s insurance company. They are there 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 decreasing the amount of compensation that could be given to a victim of injury. Your Orange County personal injury attorney will ensure that you understand what you can expect from an IME and will give the doctor with a copy of the 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 those in your medical records. It is important to not play up or down the extent of your injuries with the doctors, since they are trained to recognize fraud and could utilize this information against you at trial.