How a Personal Injury Lawsuit Works
If you're the victim of a car accident or slip and fall, or a defective product, a personal injury lawsuit can help you to receive the compensation you are due.
Any party who has breached an obligation of law can be sued for personal injury.
The plaintiff will seek damages for any injuries they sustained such as medical bills, loss of earnings, pain and suffering.
Statute of Limitations
If the negligence of someone else or an intentional act injures you and you are injured, you have the legal right to bring a personal injury lawsuit. This is called a "claim." However the time period for filing a lawsuit is limited by the statute of limitations.
Each state has its own statute of limitations that sets a strict time limit on your ability to submit a claim. This usually takes two years, although some states have shorter deadlines for certain types cases.
The statute of limitations is an essential aspect of the legal system as it allows people to get over civil issues in a swift time. It also helps to prevent claims from languishing for a long time and can be a major frustration for those who have suffered injury.
Generally, the statute of limitations for personal injury claims is generally three years from the date of the incident or injury that triggered the suit. There are many exceptions to this general rule however, they are difficult to understand without the help of a knowledgeable lawyer.
One exception is the discovery rule, which states that the statute of limitations will not be in effect until the injured person actually realizes that their injuries were resulted from a wrongdoing. This applies to all kinds of lawsuits. This includes medical malpractice and personal injury.
This means that if you file a suit against a negligent driver later than three years after the accident, it will likely be dismissed. This is because the law requires you to assume full responsibility for your health and well-being.
The three-year personal injury statute doesn't apply to victims who are legally incapacitated or incompetent. This means they cannot make legal decisions on their own. This is a special situation and it is crucial to consult with an attorney immediately to ensure that the deadline does not expire.
In certain situations, the statute of limitations may be extended by a judge or jury. This is especially true in medical malpractice cases where it is difficult to prove negligence.
Complaint
The first step in any personal injury lawsuit is the filing of an accusation. The complaint will detail your allegations as well as the liability of the party at fault and how much money you'd like to seek in damages. Your Queens
personal injury lawyer will draft this document and submit it to the appropriate courthouse.
The complaint consists of number-coded statements that outline the court's authority to decide on your case, identify the legal reasoning behind your allegations, and state the facts that are relevant to your lawsuit. This is an essential part of your case as it is the basis for your arguments and assists the jury in understanding the facts.
The lawyer will begin with "jurisdictional allegations" in the very first paragraph of a personal injury lawsuit. These allegations tell the judge which court you're suing, and often contain references to state laws or court rules that allow you to pursue this. These allegations can help the judge determine whether the court has the power to decide on your case.
Your attorney will then dive into a myriad of facts that relate to the incident, including how and when you were injured. These facts are essential to your argument because they are the basis for your argument that the defendant was negligent and therefore liable.
Based on the nature of claim the
personal injury lawyer will likely add additional charges to the complaint. These could include breaching contract, violations or other claims that you might have against the defendant.
Once the court receives a copy of the complaint, it will send an order to the defendant, letting them know you're suing them and that they have a certain period of time to respond to the suit. In the event that they don't, the defendant could have their case dismissed.
Next, your attorney will begin a process of discovery that involves gathering evidence from the defendant. It could include depositions, where people are questioned under an oath by the attorney.
Your case will then move into the trial phase, during which the jury will decide on the amount you will be awarded. Your personal injury lawyer will be able to present evidence during the trial and the jury will make a final decision regarding your damages.
Discovery
Discovery is an essential process in any personal injury case. This includes gathering and analyzing all evidence that is available, including witness statements police reports, medical bills and other pertinent information. It is important for your lawyer to collect the information as quickly as they can, so that they can build a strong case on your behalf and defend you in court.
Both parties must answer questions in writing and under oath. This is to avoid surprises later in the trial.
Although this can be an extended and complicated process it is crucial that your lawyer prepares you for trial. This will allow them to construct an argument that is stronger, and decide which evidence is able to be excluded from court.
The first step in the discovery process is to exchange all relevant documents. This includes all medical documents, reports, and photos related to your injury.
Attorneys from both sides may solicit specific information from the other. This could include medical records, police reports, accident reports and lost wage reports.
These documents are essential to your case and they can help your attorney prove that the defendant was at fault for your injuries. These documents can also show the extent of your medical treatment and how long you missed work due to the injuries.
In this phase the attorney may also demand that the other side admit to certain facts. This will help them save time and money in the event of a trial. For example, if you suffer from an injury you have already suffered or illness, you may have to disclose this information prior to your attorney can properly prepare.
Depositions are an additional aspect of the discovery process. They require witnesses to give testimony under oath about the incident and their role in the lawsuit. This is typically the most difficult part of discovery because it can require a lot of effort and time from both parties.
During discovery, an insurance company representing the party at fault may offer to settle the claim in an acceptable amount. This is before the trial is scheduled. This is a common move to avoid spending time and money for the trial however it isn't a guarantee. Your attorney can provide their opinion on whether the settlement is fair and can assist you in determining the best method to proceed.
Trial
A
personal injury attorneys injury trial is the most popular type of legal action you can pursue following an injury in an accident. It is the process in which your case is heard by an impartial jury or judge to determine if the party (who caused your injuries) should be held legally responsible for your damages and, if yes it will determine how much you are entitled for those damages.
In a trial, your attorney gives your case to a judge or jury who then decides whether or not the defendant should be liable for your injuries and damages. The defense will argue their case and argue that they shouldn't be held accountable for your harm.