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What is a Personal Injury Lawsuit? If you've been injured through the actions or inactions, you may be entitled to compensation. Contact an experienced personal injury attorney to learn more about your rights. A personal injury lawsuit is a civil matter where the plaintiff is seeking money to cover their losses, which include medical bills, lost wages property damage and other expenses. The process can last from a few months to several years. Carlsbad injury lawsuit is a legal proceeding to compel another person or entity to pay money for damages related to 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 may include cases of wrongful death when someone dies due to inattention or negligence of others. Damages are usually divided into two categories: punitive and compensatory. Compensation damages are designed to ensure that the victim is completely and regain their financial security, which includes out-of-pocket expenses such as medical expenses as well as compensation for suffering and pain. Punitive damages are rare and are designed to punish the perpetrator for their extreme behavior. This category includes all expenses caused by the injury or accident. These could include doctor's bills, hospital costs and physical therapy costs. In some cases, additional expenses like the cost of traveling to and from appointments, or changes to your home due to permanent disabilities may also be included in an insurance claim. Non-economic damages can also be called “pain and suffer” damages. These damages are harder to quantify and include the emotional distress and mental stress that accidents can cause. Your lawyer will help you evaluate these damages based upon the severity of your injuries. It could be based on the ability to continue enjoying the activities you previously enjoyed or your loss of connection with family members. Statute of limitations A legal principle known as the statute of limitation requires that anyone who is injured in an accident file an action before a specific date or their claim will be dismissed. 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 limit differs from one state another, but most personal injury lawsuits have a time limit of two to four years. There are some exceptions to the time period for filing claims. If you require assistance in determining whether your case falls within one of these exceptions, then it is recommended to seek legal advice. The statute of limitations applies only to lawsuits filed in the court. Insurance claims are typically used to settle injury cases and do not require formal lawsuits. Even so, it is important to allow yourself plenty of time to take legal action just in case insurance negotiations do not take place as planned or if an issue arises that cannot be addressed by the insurance system. Some circumstances can pause the clock on the statute of limitations, however they are extremely rare and have to be considered on a case by case basis. The statute of limitations might not be established until the victim discovers or should have known that the injury was caused by someone else's negligence. In some states, like New York, it is different for claims that are made against municipalities. Complaint A personal injury lawsuit is a civil case initiated by a victim against the person or entity who caused the injury. The plaintiff claims that the defendant breached a duty of care, that the breach caused harm and loss to the plaintiff and that the defendant is liable for those damages. The complaint is the first document that you file in a personal injury case. It contains detailed allegations about the incident that caused your injuries as well as the damages you want. It also contains the “prayer for relief” that describes what you would like the court to do. The summons and complaint should be delivered to the defendant. The defendant must respond to the complaint within a set of time frames and either accept or deny the allegations made in the complaint. The defendant can also make 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 with our clients to ensure that all relevant information is gathered and included in the case. The evidence can also help us negotiate with the defendant's attorneys or insurance representatives to get the most favorable settlement offer. Preliminary Conference In a personal injury lawsuit the attorney for you must prove that the negligence of the defendant led to your accident. You must also prove that you were injured in the accident and that these injuries are worth an amount of money. This can be a long process however, the trial is when you will be able to determine if you'll be awarded the damages you're entitled to. In a jury trial your lawyer will argue that the defendant is liable and has to pay for your losses. The defendant will present evidence that their actions are unrelated to the accident, which prevents them from having to reimburse you for your losses. Before proceeding to trial you must attend a preliminaries conference. This is often the first time that your case will have deadlines set by the Court itself. This is also the time when your lawyer will discuss the issue with the defense. A judicial registrar, or a member from the court staff, typically conducts preliminary conferences. All parties must attend the initial conference in person unless the case has been handled under the New York's Differentiated Case Management Rule or the Rules are exempted in other ways. If, however, a person is unable to attend in person they can participate via phone or internet with the permission of the convenor. If your case is going to be a part of the Differentiated Case Management program, a preliminary conference will also be a chance to determine whether your case falls within one of the three categories that are expedited, standard, or complex. Bill of Particulars When a summons and complaint are filed, the defendants identified in the lawsuit are given either twenty or thirty days in which to respond (although this time frame can be extended if the court gives approval). Once the Answer has been filed, the matter moves into what is called the discovery phase. In this period, both sides exchange information in the form of written demands for discovery and depositions. The lawyer of the plaintiff drafts the Bill of Particulars at the conclusion of the discovery. This document outlines the legal claims being made as well as the relief sought – usually an award of money damages. 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. Before a Bill of Particulars can be accepted, it must be scrutinized by the court. Generally, the court will only accept a Bill of Particulars that is not vague or broad. A Bill of Particulars must only include the specific acts of neglect that are being claimed and not include 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. In the same way, the court will not allow introduction of a new doctrine of recovery at a disproportionately late point in the action. To avoid negative consequences, an amendment made late to the Bill of Particulars should only be permitted if supported by an affidavit that provides a reasonable excuse for the lateness of the amendment. Physical Examination If a defense attorney, or an insurance company requests that you attend an Independent Medical Examination (IME) the first reaction could be to wonder the reason a doctor who may not know you or your medical history and the details of your injury is requested to conduct an exam. However, this type of exam is actually an obligation under Washington law and could be beneficial in your case. Typically, IMEs are conducted by medical doctors who are employed by the insurance company of the defendant and their aim is to offer a different view of your injuries. These doctors, sometimes called “independent” and have their own goals and financial interests in reducing the amount of compensation that can be given to victims of injuries. If you decide to go through an IME, your Orange County personal injury lawyer will ensure that you are aware of what to expect and will provide copies of all relevant medical records for the doctor to examine. Your lawyer will be present during the IME to ensure that the questions posed by the doctor are consistent with your medical records. Do not underplay or exaggerate the severity of your injury to the doctors. They are trained to detect fraud, and may use this information at trial.