How a Personal Injury Lawsuit Works
Whether you are a victim of a car crash or slip and fall, or a defective product, a
personal injury lawyers injury lawsuit can help receive the compensation you deserve.
A personal injury lawsuit may be filed against any entity who has breached the legal duty of care.
The plaintiff will seek compensation for the injuries they have sustained, including medical bills loss of income, pain and suffering.
Statute of Limitations
If someone else's carelessness or intentional act causes harm to you legally, you have the right to pursue a personal injury lawsuit. This is known as a "claim." However, the statute of limitations limits the time you can file a lawsuit.
Each state has a statute of limitations that sets a strict time limit on the time you can make an action. The standard is two years, however some states have longer deadlines for certain kinds of cases.
The statute of limitations is a key aspect of the legal system as it allows people to move on from civil cases in a timely time. It also prevents the lingering of claims and can be a huge source of stress for victims of injuries.
The statute of limitations for personal injury claims is generally three years from the date of the injury or accident that led to it. There are some exceptions to this rule, but they can be difficult to understand without the help of an experienced lawyer.
One exception is the so-called discovery rule, which says that the statute of limitations does not be in effect until the injured person actually realizes that their injuries were caused by a wrongful act. This applies to all kinds of lawsuits. This includes personal injury and medical malpractice.
This means that should you file a suit against a negligent motorist more than three years after the collision the case will most likely be dismissed. This is because the law requires that you take all responsibility for your health and well-being.
Another significant exception to the three-year personal injury statute of limitations applies if the victim is legally incompetent or incapacitated, which means that they are unable of making legal decisions on their own behalf. This is a special case and it's best to discuss your personal injury case with an attorney as soon as you can to make sure that the time limit does not expire.
A judge or jury can extend the time limit for a statute of limitations in certain situations. This is particularly true in cases of medical negligence, where it may be difficult to prove that the medical professional was negligent.
Complaint
The filing of an accusation is the primary step in any
personal injury Law firm injury lawsuit. The complaint outlines the allegations you have and the liability of the at-fault party and how much money you'd like to seek in damages. The document will be drafted by your Queens personal injury lawyer and filed with the appropriate courthouse.
The complaint is comprised of numbered declarations that define the court's authority to decide on your case, outline the legal reasoning behind your allegations, and outline the facts related to your lawsuit. This is a crucial part of the case since it provides the basis for your arguments and helps the jury to understand the case.
Your lawyer will start with "jurisdictional allegations" in the first paragraph of the personal injury lawsuit. These allegations will inform the judge where you are seeking justice and usually include references or to court rules or state statutes that allow you to file a lawsuit. These allegations help the judge determine if the court has authority to hear your case.
Your attorney will then go into a myriad of factual assertions that explain the accident, including the extent and the time you were injured. These details are crucial to your case because they provide the basis for your argument regarding the defendant's culpability and liability.
Based on the nature of claim depending on the type of claim, your personal injury lawyer is likely to add other counts to the complaint. This could include breach of contract, violations of the consumer protection law or other claims you might have against the defendant.
After the court has received a copy of the complaint, it'll send a summons to the defendant, letting them know that you're filing a lawsuit against them and that they have a certain amount of time to reply to the suit. Otherwise, the defendant could have their case dismissed.
Your lawyer will then initiate the process of discovery to get evidence from the defendant. It could involve depositions during where the defendant is challenged under an oath.
The trial phase of your case will begin and a jury will decide on the final result of your recovery. During the trial your personal injury lawyer will give evidence to the jury, and they will take the final decision regarding your damages.
Discovery
Discovery is a crucial step in any personal injury lawsuit. This involves gathering and analyzing all evidence, including witness statements, police reports, medical bills, and other relevant information. Your lawyer should have all this information as soon as possible to build a strong case for you, and to protect your rights in court.
Both sides must respond to the discovery in writing and under the oath. This will help avoid surprises later on in the trial.
Although this 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 decide which evidence is able to be excluded from court.
The first step of the discovery process is exchanging all relevant documents. This includes all medical documents, reports, and photos related to your injury.
Attorneys from both sides may request specific information from each other. This includes police reports, medical records and accident reports.
These documents are crucial to your case and can help your attorney prove that the defendant was at fault for your injuries. They will also be able to show your medical treatment and the amount of time you worked because of the injuries.
Your attorney may request that the opposing side acknowledge certain facts during this stage. This will help them save time and money during trial. For instance, if you have a preexisting injury, you may need to make this known prior to your attorney can properly prepare.
Another vital aspect of the discovery process is taking depositions. These involve people who testify under oath about the incident that they are discussing and their role in the lawsuit. This is typically the most difficult aspect of discovery since it can require a lot and time from both parties.
During discovery the insurance company representing the party at fault may offer to settle the claim in a fair amount. This is prior to when a trial is scheduled. This is a common practice to avoid the expense of time and money on trial, but it's never an assurance. Your lawyer can give you their opinion on whether the settlement offer is fair and help you decide on the best method to proceed.
Trial
After being injured in an accident and suffering personal injuries, a trial is the most popular kind. This is where your case is presented to an impartial jury or judge. The judge will decide whether the defendant (the one who caused your injuries) should face legal responsibility for your damages , and in the event that they do, the amount.
Your attorney will argue your case before the jury or judge in an investigation. The jury will decide if the defendant should be held responsible for your injuries or damages. The defense, on the other hand will offer their argument and attempt to explain why they should not be held liable for your injuries.