How a
Personal Injury Lawsuit Works
Whether you are a victim of a car accident or slip and fall, or defective product, a personal injury lawsuit can help 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 compensation for any injuries they suffered which include medical bills, loss of earnings, pain and suffering.
Statute of Limitations
If someone else's negligence or intentional act causes harm to you or your family members, you have a legal right to bring a
personal injury lawsuit. This is referred to as a "claim." However, the statute of limitations restricts your time frame to start a lawsuit.
Each state has its own statute of limitations. This means that you are not able to make a claim. This usually takes two years, but certain states have shorter deadlines for specific types of cases.
Since it permits people to settle civil disputes quickly the statute of limitations is an essential part of the legal process. It also prevents claims from languishing for a long time which can cause major frustration for victims of injuries.
Generally speaking, the statute limitations for personal injury claims is three years from the date of the incident which led to the suit. There are a few exceptions to this rule but they can be difficult to comprehend without the assistance of a skilled lawyer.
One exception is the discovery rule, which says that the statute of limitations does not be in effect until the injured party discovers that their injuries were caused by 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 when you are injured by a negligent driver and file a lawsuit more than three years after the accident happened, it will likely be dismissed. This is because the law expects you to take responsibility for your own health and well-being.
Another reason to consider the three-year personal injury limitation period is when the victim is legally incompetent or incapacitated, meaning that they are not capable of making legal decisions on their own on their own. This is a specific case, so it is always recommended to discuss your personal injury matter with an attorney as soon as you can to ensure that the time frame does not expire.
In certain situations the statute of limitations can be extended by a jury or judge. This is especially true for medical malpractice cases where it is sometimes difficult to prove negligence.
Complaint
The filing of an action is the first step in any personal injury lawsuit. This document outlines your allegations and the liability of the at-fault party and the amount you want to ask for in damages. Your Queens personal injury lawyer will draft this document and submit it to the appropriate courthouse.
The complaint is a series of numbers that outline the court's jurisdiction to consider your case, describe the legal basis for the allegations, and then state the relevant facts to your case. This is an essential aspect of the case because it establishes the basis for your arguments and helps the jury to understand the case.
The lawyer will begin with "jurisdictional allegations" in the very first paragraph of an injury lawsuit. These allegations will tell the judge where you are seeking justice and usually include the court's rules or state statutes that permit you to do so. These allegations assist the judge determine whether the court has authority to consider your case.
Your lawyer will then look into a variety of factual claims that describe the accident, including the extent and the time that you were injured. These factual allegations are critical to your case because they serve as the basis for your argument that the defendant was negligent and therefore liable.
Depending on the type of claim the personal injury lawyer may include additional counts to the complaint. They could include breaches of contract, violation or other claims you may have against the defendant.
When the court has received the complaint, it will send an order to the defendant letting them know you're suing them and that they've got a certain amount of time in which to respond to the suit. The defendant must respond to the lawsuit within that timeframe or else they risk being denied their case.
Your attorney will then begin the discovery process to collect evidence from the defendant. This could involve depositions in which the defendant is questioned under an oath.
Your case will then go through an investigation phase, where the jury will decide on your recovery. During the trial, your personal attorney will provide evidence to the jury, and they will make their final decision regarding the amount of damages you are entitled to.
Discovery
Discovery is a crucial element in any
personal injury lawsuit. It involves gathering and analyzing every piece of evidence in the case such as witness statements, medical bills, police reports and more. It is crucial for your lawyer to obtain this information as soon as they can, so that they can build a strong case for you and defend your rights in court.
During discovery the parties must provide their responses in writing and under the oath. This helps prevent unexpected surprises later on during the trial.
It can be a long and challenging process, but it is essential for your lawyer to thoroughly prepare your case for trial. It also lets them create a stronger argument and decide which evidence can be excluded or thrown out prior to appearing in the courtroom.
The first step in the discovery process is exchanging all relevant documents. This includes all medical documents, reports and photographs related to your injury.
Attorneys from both sides can request specific information from each other. This can include medical records or police reports, accident reports, and reports of lost wages.
These documents are crucial to your case and can be used by your lawyer to establish that the defendant was responsible for your injuries. These documents also can show the extent of your medical treatment as well as the amount of time you missed work due to injuries.
In this stage during this phase, your lawyer may ask the opposing side to accept certain facts, which can save time and money during the trial. It is possible to disclose any existing injuries in advance to your attorney so that they are prepared.
Depositions are another important part of the discovery process. They involve witnesses giving evidence under oath about the incident and their roles in the lawsuit. This is usually the most difficult part of discovery because it can require a lot of energy and time from both sides.
During discovery, the at-fault party's insurance company may offer to settle the claim with an amount of money before a trial is held in the court. This is a common move to save time and money for trial however it isn't an assurance. Your lawyer can give you their opinion on whether the settlement is fair and can help you decide on the best way to proceed.
Trial
A personal injury trial is the most commonly-used type of legal action you can take after being injured in an accident. The case is presented to jurors or judges. The judge will decide if the defendant (the one who caused your injuries) should face legal responsibility for your injuries and in the event that they do, what amount.
In a trial, your attorney presents your case to the judge or jury who decides whether or whether the defendant should be responsible for your injuries and damages. The defense, on the other hand will be able to present their side of the story and attempt to explain why they shouldn't be held accountable for your injuries.