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What is a Personal Injury Lawsuit? You could be entitled to compensation if you have suffered injuries due to the actions or inactions of another person. To learn more about your rights under the law get in touch with a seasoned personal injury lawyer. Costa Mesa injury lawyers is a civil litigation in which the plaintiff seeks compensation for their loss. This includes medical bills or lost wages, as well as property damage. The process can last between a few months and several years. Damages A personal injury lawsuit is a legal proceeding to compel another person or entity to pay you compensation for the damage caused by an accident. The party who suffered the injury is known as the plaintiff while the parties accountable are known as defendants. If someone dies as the result of inattention or negligence of others, wrongful death cases can be included in personal injury claims. The damages of a victim are typically broken down into two groups: compensatory and punitive. Compensation damages are based on medical bills as well as pain and loss compensation, and other out of pocket expenses. Punitive damages are rare and designed to punish the perpetrator for their extreme behavior. The first category of damages is typically known as “economic damages.” This is the term used to describe the cost of out-of-pocket expenses incurred due to the accident and injuries. This could include doctor's fees as well as hospital expenses and physical therapy costs. Some claims could also cover additional costs, like transportation costs to and from appointments or home modifications to accommodate a permanent disability. Non-economic damages are often described as “pain and suffering” damages. These are more difficult to quantify and involve the mental and emotional stress, anguish and suffering caused by accidents. Depending on the severity of your injuries, your lawyer will assist you to place a value on these damages. It could be based on the ability to continue enjoying the activities you were previously able to enjoy or your loss of consortium 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 else their claim will be dismissed. This is to safeguard evidence from being lost or lost in the shuffle and to prevent people from dragging out incident-related litigation indefinitely. The exact time frame is different from state to state however personal injury claims generally have a two-to four-year limitation. However there are exceptions that could extend the time required for a victim to make a claim, and they should seek legal advice for help to determine if your case falls under one of the exceptions. The statute of limitations only applies to lawsuits that are filed in the court. Many injury cases are resolved through the process of claiming insurance and do not require a formal lawsuit filing. But, it's crucial to give yourself enough time to file a lawsuit just in case insurance negotiations fail to go as planned or an issue arises that cannot be addressed by the insurance system. Certain circumstances can stop the clock on the statute of limitations, however they are rare and need to be considered on a case-by-case basis. For example the statute of limitations might not start to run until the victim discovers or ought to have realized that their injuries were caused by a negligence, and in certain states, such as New York, the statute of limitations differs for claims against municipalities. Complaint A personal injury lawsuit is a civil case brought by an injured person against the person or entity that caused the injury. The plaintiff claims that the defendant breached their duty of care, and that the breach caused harm and losses for the plaintiff. The defendant is then accountable for the damages. The first document filed in a personal injury lawsuit is referred to as the complaint. It includes specific allegations regarding the incident that led to your injuries. It also lists the damages you seek. The complaint also includes the “prayer of relief” which outlines what you want the court to do. The summons and complaint should be given to the defendant. The defendant must respond to the complaint within specific deadlines and either admit or deny all allegations made in the complaint. The defendant can also file a counterclaim, or add a third party defendant to the case as third party defendant. A successful personal injury lawsuit is based on solid evidence, including medical records and witness testimony. We work closely with our clients to collect all relevant information and include it in the case. The evidence will also assist us negotiate with the defendant's attorneys or insurance agents to obtain the best settlement possible. Preliminary Conference In a personal injury case your lawyer must demonstrate that the defendant's negligence caused your accident. You must also prove that you suffered injuries from your accident, and that those injuries warrant financial compensation. It can be a lengthy process, but it is at the trial that you'll find out if you be awarded the compensation you deserve. In a trial before a jury, your lawyer will argue that the defendant is accountable and is required to compensate you for your losses. The defendant will provide evidence to show that their actions were unrelated to the accident. This will prevent them from paying you for your losses. You must attend a pre-trial discussion before proceeding with the trial. This is typically the first time that your case will have deadlines that are set by the Court itself. This is also the time when your attorney will discuss the case with the defense. Preliminary meetings are usually held by a judicial register or someone on the court's staff. Unless the case is handled in accordance with the New York's Differentiated Case Management Rule, or is otherwise exempt from the Rules All parties are required to be present in person. If a party is unable to attend in person, the convenor can permit them to attend via telephone or online. 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 categories that are expedited, standard, or complex. Bill of Particulars After the complaint and summons are filed, the defendants named in the lawsuit will be given between twenty and thirty days (although this time frame is able to be extended by the court). Once the Answer has been filed, the matter moves into the discovery phase. During this phase both parties exchange information via written discovery demands and depositions. The lawyer for the plaintiff prepares the Bill of Particulars at the conclusion of the discovery. The document is a legal declaration of claims and the relief sought – usually an award of money damages. The Bill of Particulars is meant to inform the defendant of the specific legal claims being made, to help them prepare for trial. Before a Bill of Particulars can be followed, it has to be examined by the court. In general, the court will only accept a Bill of Particulars if it isn't vague or overly broad. A Bill of Particulars should be limited to the specific negligence that is being claimed and should not add 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. 1994), the court sustained the motion to strike references to willful and intentional actions from a medical malpractice claim. The court will not permit a new theory to be introduced at a stage in the litigation that is unreasonablely late. To avoid causing prejudice, a late amendment to the Bill of Particulars must be supported by an affidavit that gives a reasonable explanation of the lateness of this amendment. Physical Examination When a defense attorney or insurance company asks you to take part in an Independent Medical Examination (IME), your natural first instinct might be to ask why a doctor who does not know you and your medical history and the details of your accident is being requested to conduct an exam. However, this kind of examination is actually required under Washington law, and it could be beneficial in your case. IMEs are typically performed by doctors who are employed by the insurance company of the defendant. Their aim is to provide an alternative perspective on your injuries. These doctors, sometimes referred to as “independent” and have their own goals and financial interests in reducing the amount of compensation that is given to victims of injuries. Your Orange County personal injury attorney will make sure you know what you can expect from an IME and will provide a copy to the doctor of all pertinent medical records. Your lawyer will be present during the IME to ensure that the questions posed by the doctor are in accordance with your medical records. Do not underplay or exaggerate the severity of your injuries to the doctors. They are trained to spot dishonesty, and could use this information at trial.