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What is a Personal Injury Lawsuit? If you've been hurt through the actions or inactions, you could be entitled to compensation. Contact an experienced personal injury lawyer to learn more about your rights. Sunnyvale injury lawsuit www.youtube.com is a civil action in which the plaintiff seeks compensation for their losses, including medical expenses, lost wages, damages to property and other expenses. The process can take anywhere from several months to a few years. Damages A personal injury lawsuit is an action to compel another person or entity to pay you compensation for the damages resulting from an accident. The plaintiff is the victim and the defendants are the parties responsible. If someone dies as the result of negligence or wrongdoing by others In wrongful deaths, the case are often included in personal injury claims. The damages a victim suffers are usually divided into two categories that are punitive and compensatory. Compensatory damages are intended to ensure that the victim is completely again, including out-of-pocket expenses such as medical bills as well as compensation for suffering and pain. Punitive damages, which are not common and are intended to punish the wrongdoer for committing extreme acts. The first category of damages is often known as “economic damages.” This includes any out-of-pocket costs resulting from the accident and injuries. These might include doctor's bills or hospital costs, as well as physical therapy expenses. In some instances additional expenses, such as the cost of travel to and from appointments or modifications to your home to accommodate permanent disabilities may also be included in a claim. Non-economic damages are commonly described as “pain and suffering” damages. These are more difficult to quantify and include the emotional distress, mental anguish and suffering caused by accidents. Depending on the severity of your injuries your lawyer can help you determine the value of these damages. This could be based on the ability to do activities you used to or your loss of a relationship with family. Statute of Limitations In a legal rule known as the statute of limitations, anyone who suffers an injury in an accident must file a lawsuit within a specific time period or else their claim will be rejected by the courts. This is to protect evidence from being lost or forgotten and to stop people from drag out litigation related to an incident for a long time. The exact length of time for filing a claim is different between states, however, personal injury claims typically have a two-to four-year limitation. However, there are exceptions that may extend the time required for a victim to submit their claim. They should seek legal advice when to determine if your case falls under one of these exceptions. A key aspect of the statute of limitations is that it only applies to the filing of an action in a court. Insurance claims are usually used to resolve injuries and do not require formal lawsuits. But, it's important to allow yourself plenty of time to pursue legal action just in case insurance negotiations don't go as planned or an issue arises that cannot be easily addressed through the insurance system. Some circumstances can pause the clock on the statute of limitations, but they are extremely rare and have to be assessed on a case-by-case basis. The statute of limitation may not begin until the victim is aware or should have known that the injury was caused by someone else's negligence. In certain states, such as New York, it is different for claims against municipalities. Complaint A personal injury lawsuit is brought by the victim against the person who caused the injury. The plaintiff claims that the defendant violated 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 losses. The complaint is the initial document that is filed in a personal injury case. It includes specific allegations concerning the incident that caused your injuries, as well as the damages you seek. It also includes a “prayer for relief” that describes what you would like the court to do. The summons and complaint must be handed over to the defendant. The defendant must respond to the complaint within specific deadlines and either admit or deny the allegations contained 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 built on solid evidence, which includes medical documents and witness testimony. We work closely with our clients to ensure that all relevant information is gathered and included in the case. The evidence we collect will also help us to negotiate with the defense attorneys or insurance agents to obtain the best settlement offer. Preliminary Conference In a personal injury case your lawyer must demonstrate that the negligence of the defendant caused your accident. You must be able to prove that you sustained injuries due to your accident and that those injuries warrant financial compensation. It's a long procedure, but it's at the trial that you will finally know if you will get 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 the losses you suffered. The defendant will argue that their actions do not contribute to the accident, which will keep them from having to compensate you for your losses. You must attend a pre-trial conference before you can proceed with the trial. This is typically the first time that your case will have deadlines set by the Court itself. This is also when your attorney will be discussing the case with the defense. Preliminary conferences are typically conducted by a judicial registrar or a member of the court's staff. Unless the case is being handled in accordance with the New York's Differentiated Case Management Rule, or if it is exempted from the Rules, all participants are required to attend in person. If a party is unable to attend in person, the convenor may permit them to attend via phone or via the internet. If your case is 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 – expedited, standard or complex. Bill of Particulars After a complaint and summons are filed, the defendant parties identified in the lawsuit are given twenty or thirty days to file an Answer (although this time frame can be extended with the court's approval). After the Answer is filed, the case moves into what is known as the discovery phase. During this time the parties 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 discovery. The document details the legal claims that are being made 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 that are made to help them prepare for trial. The court must review the Bill of Particulars before it is able to be followed. In general, the court will only be able to abide by a Bill of Particulars if it is not vague or broad. A Bill of Particulars must only include the specific acts of negligence that are being alleged and not include any new claims. For instance in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. In 1994, the court upheld the motion to strike all any references to willful or intentional actions in a medical malpractice case. The court will not allow the addition of a new theory of recovery at a disproportionately late stage in the litigation. To avoid prejudice, an amendment made late to the Bill of Particulars must be supported by an affidavit that provides a reasonable explanation for the tardiness of the amendment. Physical Examination It is possible to ask why a doctor, who isn't familiar with you or your medical history and isn't familiar with the specifics of your incident, would be asked to conduct a medical exam. However, this kind of examination is actually a requirement under Washington law and can be helpful in your case. IMEs are typically conducted by doctors employed by the defendant’s insurance company. They are there to provide an alternative view of your injuries. These doctors, often referred to as “independent” and have their own agendas and financial interests in reducing the compensation that can be given to victims of injuries. Your Orange County personal injury attorney will ensure that you are aware of what to expect from an IME and will provide the doctor with a copy of the relevant medical records. Your lawyer will also be present at the IME and will make sure that you are examined with respect and courtesy by ensuring that doctors ' questions aren't divergent from the ones you have in your medical records. It is important to avoid playing up or down the severity of your injuries with the doctors, since they are trained to spot dishonesty and may make use of this information against you in trial.