What is a Personal Injury Lawsuit?

You may be eligible for compensation if you have been injured due to the actions or inactions of a third party. Contact a knowledgeable personal injury lawyer to learn more about your rights.

A personal injury lawsuit is a civil litigation where the plaintiff seeks compensation for their loss. This includes medical bills, lost wages and property damage. The process can last between a few months and several years.

Damages

A personal injury lawsuit is a legal action that is used to compel another person, or entity to pay you compensation for damages caused by an accident. The plaintiff is the victim and the defendants are the ones responsible. When someone dies as a result of negligence or wrongdoing by others the wrongful death case can be included in personal injury claims.

A victim's damages are typically broken down into two groups that are punitive and compensatory. Compensatory damages are meant to help the victim get back on track again, including out-of-pocket expenses such as medical expenses and compensation for suffering and pain. Punitive damages are uncommon and are designed to punish the wrongdoer for extreme conduct.

The first type of damages is usually known as "economic damages." This covers all out-of-pocket expenses associated with the accident or injury. These might include doctor's bills or hospital costs, as well as physical therapy expenses. Some claims could also cover additional expenses, such as transportation costs to and from appointments, or modifications to your home to accommodate a permanent disability.

Non-economic damage can also be described as "pain and suffer" damages. Redwood City injury lawsuits are harder to quantify, and they include the emotional stress and mental anguish that an accident can cause. Your lawyer will help you value these damages based on the severity of your injury. This may be based on your ability to carry out the things you did before or your loss in consortium with family.

Statute of limitations

Under a legal rule called the statute of limitations, anyone who suffers an injury in an accident must make a claim within a specified time or the claim will be rejected by the courts. This is done to prevent evidence from being lost or lost, and also to stop individuals from dragging litigation relating to incidents out indefinitely.

The exact time frame differs from state to state, but personal injury claims typically have a two- to four-year limitation. However there are exceptions that may prolong the time that a victim must make a claim, and they should seek legal advice for assistance in to determine if their case falls within one of the exceptions.

The statute of limitations is only applicable to lawsuits filed in court. Many cases of injury are resolved through the process of filing an insurance claim and do not require formal lawsuit filing. It is nevertheless important to give yourself enough time to bring a lawsuit in the event that negotiations with insurance do not go as planned or if there is a problem that is not resolved by insurance.

Some circumstances can pause the clock on the statute of limitations, however they are extremely rare and have to be evaluated on a case-by-case basis. The statute of limitations may not start until the person is aware or should have known that the injury resulted from someone else's negligence. In some states, such as New York, it is different for claims against municipalities.

Complaint

A personal injury lawsuit is a civil case filed by an injured party against the person or entity that caused the injury. The plaintiff claims that the defendant breached a duty of care, and that the breach caused harm and loss to the plaintiff, and that the defendant should be held accountable for the losses.

The complaint is the first document that is filed in a personal injury lawsuit. It provides detailed details about the incident that caused your injuries, as well as the damages you want. It also contains the "prayer for relief" which 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 a set of deadlines and either admit or deny the allegations in the complaint. The defendant can also file a counterclaim, or add a third party defendant to the case by naming third party defendant.

A successful personal injury lawsuit depends on solid evidence including medical documents and testimony from witnesses. We collaborate closely with our clients to ensure that all relevant information is gathered and included in the case. The evidence will also help us negotiate with the defendant's attorneys or insurance representatives to get the best settlement offer possible.

Preliminary Conference

In a personal-injury lawsuit, 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 these injuries are worth the amount of financial compensation.

It can be a lengthy procedure, but it's at the trial that you will be able to determine if you be awarded the compensation you deserve. In a jury trial, your lawyer will argue that the defendant is responsible and must pay you for your losses. The defendant will present evidence that their actions are not related to the accident, which will keep them from having to reimburse you for your losses.

You must attend a pre-trial conference prior to proceeding with the trial. This is the first time that your case has deadlines set by a court. This is also the time where your lawyer will discuss the case with the defense.

Preliminary conferences are usually conducted by a judicial register or someone on the court's staff. Unless the case is handled under New York's Differentiated Case Management Rule, or otherwise exempted from the Rules the parties are required to be present in person. If a party is unable to attend in person, they can take part via phone or online with the permission of the convenor. If your case is scheduled to be part of the Differentiated Case Management program, a preliminary conference will also provide an opportunity to determine whether your case falls within one of the three categories which are expedited, standard or complex.

Bill of Particulars

After the summons and complaint have been filed, the defendants named in the lawsuit will be given twenty to thirty days (although this timeframe may be extended by the court). Once the Answer is filed, the case moves into what is called the discovery phase. During this phase, both parties exchange information via written discovery demands and depositions.

At the conclusion of discovery, the plaintiff's attorney prepares what is known as a Bill of Particulars. The document is a legal declaration of claims and the relief sought, usually the award of damages in cash. The Bill of Particulars is meant to inform the defendant of the specific legal claims that are made to help them prepare for trial.

Before a Bill of Particulars can be accepted, it must be reviewed by the court. Generally, the court will only comply with a Bill of Particulars that is not overbroad or vague. A Bill of Particulars must only include the specific acts of neglect that are being alleged and must not include new claims. For example in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. 1994) The court ruled in favor of the motion to strike references to intentional and willful acts from a medical negligence claim.

The court will not allow a new doctrine to be introduced at any stage in the litigation that is unreasonablely late. To avoid causing prejudice any late amendment to a Bill of Particulars must be supported by an affidavit that gives a reasonable explanation of the delay of this amendment.

Physical Exam

You may question why a doctor, who doesn't know you or your medical history, and isn't familiar with the specifics of your accident, would be required to conduct a medical exam. However, this kind of exam is actually a requirement under Washington law, and it can be helpful in your case.

IMEs are typically conducted by doctors hired by the insurer of the defendant. They are there to offer a different perspective on your injuries. Although they are sometimes referred to as "independent," these physicians - just like the insurance companies - have their own agenda and financial motives in decreasing the amount of compensation that can be given to a victim of injury.


If you choose to undergo an IME the Orange County personal injury lawyer will ensure that you are aware of what to expect and will provide a copy of all relevant medical records for the doctor to review. Your lawyer will be present during the IME to make sure that the questions asked by the doctor are consistent with your medical records. You should not downplay or exaggerate the severity of your injury to the doctors. They are trained to detect fraud, and may make use of this information in a trial.