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How a Personal Injury Lawsuit Works If you're the victim of a car accident, a slip and fall, or a defective product A personal injury lawsuit can help you get the money you deserve. Any person who has violated the law may be sued for personal injury. The plaintiff will seek damages for any injuries sustained which include medical bills, lost earnings, pain and suffering. Statute of Limitations If someone else's negligence or intentional act causes you harm legally, you have the right to file a personal injury lawsuit. This is referred to as a “claim.” However, the statute of limitations limits your time to file a lawsuit. Every state has a statute of limitations which sets an exact deadline for the time you can submit claims. It is typically two years, although a few states have longer deadlines for specific kinds of cases. Because it allows people to settle civil cases quickly the statute of limitations is a crucial part of the legal process. It also prevents claims from languishing for a long time which can cause huge source of stress for people who have suffered injuries. Generally speaking, the statute limitations for personal injury claims is usually three years from the date of the injury or accident which led to the suit. Although there are exceptions for this general rule that could be confusing without the help of a skilled lawyer, they are generally easy to understand. One exception is the so-called discovery rule, which says that the statute of limitations does not begin to run until the injured person actually realizes that their injuries were resulted from a wrongdoing. This applies to many types of lawsuits including personal injury, medical malpractice, and wrongful death claims. In the majority of instances, this means that should you be injured by an unintentionally negligent driver and file a lawsuit at least three years after the accident the case will most likely be dismissed. This is because the law expects you to be accountable for your health and well-being. The three-year personal injury statute doesn't apply to those who are legally incapacitated, or legally incompetent. This means they cannot make legal decisions for themselves. This is a very unique case and it is important to consult with an attorney immediately to make sure that the deadline does not run out. In certain circumstances, the statute of limitations can be extended by a juror or judge. This is especially true in cases involving medical malpractice where it could be difficult to prove that the doctor was negligent. Complaint The filing of an accusation is the primary step in any personal injury case. This document details your allegations, the liability of the at-fault party and the amount you wish to claim in damages. Your Queens personal injury lawyer will draft this and then file it with the appropriate courthouse. The complaint is a collection of numbered statements that describe the court's jurisdiction to hear your case, outline the legal reasoning behind the allegations, as well as state the relevant facts to your case. This is an essential part of your case since it provides the basis for your arguments, and assists the jury in understanding the facts. In the opening paragraphs of a personal injury complaint, your attorney will begin with “jurisdictional allegations.” These allegations will inform the judge which jurisdiction you are litigating and typically include the court's rules or state statutes that allow you to pursue the matter. These allegations can assist the judge in deciding whether the court has the power to take your case to court. Your attorney will then dive into a number of factual allegations that describe the incident, including how and the time you were injured. These facts are vital to your case since they are the basis for your argument that the defendant was negligent and thus liable. Your personal injury lawyer could include additional charges based on the nature and severity of the claim. These could include breaching contract, violation or other claims you might have against the defendant. Once the court has received the copy, it will send a summons to the defendant. This informs them that you are suing them and provides them with an opportunity to reply. Otherwise, the defendant could have their case dismissed. Your lawyer will then initiate the discovery process to collect evidence from the defendant. It could involve depositions during where the defendant is challenged under an oath. The trial phase of your case will commence with a jury, who will determine the outcome of your recovery. During the trial, your personal attorney will provide evidence to the jury, and they will make the final decision regarding your damages. Discovery Discovery is an essential process in any personal injury case. It involves analyzing and gathering all evidence that is available, including witness statements police reports, medical bills and other relevant information. It is imperative that your lawyer obtain the information as quickly as possible, so they can create an argument that is strong on your behalf and protect you in court. Both parties must answer questions in writing and under oath. This prevents unexpected surprises later on in the trial. While it can be an extended and complicated process it is vital that your lawyer prepares you for trial. This helps them create an argument that is stronger, and determine which evidence can be dropped from the 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 injuries. Attorneys from both sides are entitled to request specific information from the other side. This could include medical records, police reports, accident reports, and reports on lost wages. These documents are essential to your case, and they will aid your attorney in proving that the defendant was at fault for your injuries. They will also be able to show your medical treatment and the length of time you missed work because of the injuries. Your lawyer may request the opposing party admit certain facts during this phase. This will allow them to save time and money at trial. You may need to disclose an existing injury prior to the trial to your attorney so that they can properly prepare. Depositions are an additional aspect of the discovery process. They involve witnesses who give evidence under oath concerning the incident and their role in the lawsuit. This is typically the most difficult aspect of discovery because it can take a lot of effort and time from both sides. During discovery the insurance company representing the party at fault might offer to settle the claim in an acceptable amount. This is done prior to a trial is scheduled. Although this is a common method to avoid wasting money and time during trial but it's not a sure thing. Your lawyer can provide their opinion on whether a settlement offer is fair, and can help you determine the best strategy for moving forward. Trial After being injured in an accident the personal injury trial is the most frequent kind. This is the stage at where your case is presented to an impartial jury or judge to determine if the person who caused the accident (who caused your injuries) should be held legally accountable for your losses, and if so it will determine how much you are entitled for those damages. In the course of a trial, your lawyer is the one who presents your case to the judge or jury who then decides whether or whether the defendant should be liable for your injuries and damages. personal injury lawsuit whittier on the other hand will be able to present their version of the story and attempt to justify why they should not be held liable for your injuries. The trial process generally starts with the attorneys of both sides presenting opening statements. The next step is to interview potential jurors to determine who will assist in deciding your case. After the opening statements have been delivered, the judge reads the jury an instruction about what they need to consider before making their decisions. During the trial, the plaintiff will give evidence, like witnesses, that support the assertions made in their complaint. The defendant is on the other side, will present evidence to counter those claims. Each side files motions prior to trial. These are formal motions to the court to ask for specific actions. Motions may request for specific pieces of evidence or an order that requires the defendant to submit to physical examination. After your trial the jury will consider your case and make a decision on the basis of the evidence. If you prevail the trial, the jury will award you a sum of money for your damages. If you lose, your opponent may appeal. This can take months or even years. It's a good idea to plan ahead and take action to protect your rights the moment you notice the lawsuit is heading towards trial. The entire process of a trial can be extremely stressful and expensive. It is important to keep in mind that you can avoid a trial by having your case settled quickly and in a fair manner. A experienced personal injury lawyer can help you navigate the process and ensure that you are compensated for your injuries as quickly as is possible.