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What is a Personal Injury Lawsuit? If you've been hurt through the actions or inactions, you could be eligible for compensation. Contact an experienced personal injury attorney to learn more about your rights. Hollywood injury lawsuit is a civil action in which the plaintiff seeks money to compensate for their losses, including medical expenses, lost wages, property damage, and other costs. The process can last from a few months to several years. Damages A personal injury lawsuit is a legal action that is used to compel another person, or entity to pay you for damages resulting from an accident. The plaintiff is the one who was injured and the defendants are the parties responsible. Personal injury cases can include the wrongful death of a person who dies due to negligence or wrongful actions of others. Damages are typically classified into two categories: punitive and compensatory. Compensatory damages are intended to make the victim whole and regain their financial security, which includes out-of-pocket expenses such as medical bills as well as compensation for pain and suffering. Punitive damages, which are rare and are intended to punish the wrongdoer for committing extreme acts. This category covers all costs that result from the injury or accident. This could include hospital bills as well as doctor's fees and therapy costs. In some instances other expenses such as the cost of traveling to and from appointments, or modifications made to your home for permanent disabilities may be included in a claim. Non-economic damage can also be described as “pain and suffer” damages. These damages are more difficult to quantify, and they include the emotional stress and mental stress that accidents can cause. Based on the extent of your injuries, your lawyer will assist you to estimate the value of these damages. It could be based on your ability to enjoy activities you were previously able to enjoy or your loss of connection with family members. Statute of Limitations In a legal rule known as the statute of limitations, anyone who is injured in an accident must bring a lawsuit within a specific time period or their claim will be rejected by the courts. This is to prevent evidence from being lost or forgotten and to stop people from drag out litigation related to an incident for a long time. The exact duration of time differs from state to state however personal injury claims generally have a two- to four-year limitation. However there are exceptions that could extend the amount of time required for a victim to file their claim and they should seek legal advice when to determine whether or not your case falls under one of these 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. Insurance claims are usually used to resolve injuries and do not require formal lawsuits. It is important to allow yourself enough time to file a lawsuit in the event that insurance negotiations don't 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, but these instances are very rare and have to be considered on an individual case-by-case basis. For instance the statute of limitations might not begin to run until a victim has discovered or reasonably should have discovered 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 suit brought by an injured person against the person or entity who caused the injury. It alleges that the defendant violated the duty of care, and that this breach caused harm and losses to the plaintiff, and that the defendant is accountable for the damages. The complaint is the primary document filed in a personal injury case. It includes specific allegations about the incident that caused your injuries, and the damages you want. It also contains a “prayer for relief” that outlines what you want the court to do. The complaint must be served on the defendant, along with a summons which is a notification that they are being sued. The defendant must respond to the complaint within certain time limits and either admit or deny the allegations made in the complaint. The defendant can also file a counterclaim, or add another defendant to the case by naming third party defendant. A successful personal injury lawsuit is based on solid evidence, which includes medical documents and witness testimony. We work closely together with our clients to gather the relevant information and incorporate it in the case. The evidence we gather will also help us to negotiate with defense attorneys or insurance agents to get the best possible settlement offer. 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 you were injured in your accident and that the injuries are worth financial compensation. This could be a long process however, the trial is when you can finally determine whether you'll receive the compensation you're entitled to. In a jury trial, your lawyer will argue that the defendant is responsible and is required to compensate you for your losses. The defendant will provide evidence to prove that their actions were not related to the accident. This will prevent the defendant from paying for your losses. Before you can proceed to trial, you must attend a preliminaries conference. This is the first time that your case is subject to 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 registrar, or someone on the court's staff. All parties must attend the initial conference in person unless the case is handled under the New York's Differentiated Case Management Rule or the Rules are otherwise exempted. If a person is unable to attend in person, the convenor can allow them to participate by telephone or online. If your case is going to be a part of the Differentiated Case Management program, the preliminary conference will be an opportunity to identify whether your case falls within one of the three categories – expedited, standard or complex. Bill of Particulars After a complaint and summons are filed, the defendants named in the lawsuit have twenty or thirty days to submit an Answer (although this deadline may be extended if the court gives consent). Once the Answer is filed, the case moves into the discovery phase. During this time the parties exchange information in the form of written demand for discovery and depositions. At the conclusion of discovery the attorney representing the plaintiff drafts what is known as a Bill of Particulars. This document provides the legal claims being made and the relief sought, usually the award of damages in cash. The Bill of Particulars is intended to inform the defendant notice of the specific legal claims being filed so that they can effectively prepare for trial. Before a Bill of Particulars can be accepted, it must be scrutinized by the court. Generally speaking, the court will only comply with a Bill of Particulars that is not overbroad or vague. A Bill of Particulars should be limited to the specific acts of negligence being claimed and should not contain new claims. For instance, in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. 1994) The court ruled in favor of the motion to strike all references to intentional and willful acts from a medical negligence claim. In the same way, the court will not allow the addition of a new theory of recovery at a disproportionately late point in the action. To avoid causing prejudice an amendment made late to a Bill of Particulars must be supported by an affidavit that gives a reasonable explanation for the tardiness of the amendment. Physical Exam You may question the reason why a doctor, who doesn't know you or your medical history and isn't familiar with the specifics of your accident, would be asked to conduct a medical exam. However, this type of examination is actually an obligation under Washington law, and it can be helpful to your case. IMEs are usually performed by doctors who are employed by the insurer of the defendant. Their goal is to provide an alternative perspective on your injuries. Although they are often described as “independent,” these physicians as well as insurance companies – have their own agenda and financial motives in cutting down on the amount of compensation that may be granted to a victim who has been injured. Your Orange County personal injury attorney will ensure that you are aware of what you can expect from an IME and will give the doctor with a copy of all pertinent medical records. Your lawyer will be present during the IME to make sure that the questions asked by the doctor are in accordance with your medical records. Do not underplay or exaggerate the severity of your injuries to these doctors. They are trained to spot fraudulent behavior, and can use this information at trial.