How a Personal Injury Lawsuit Works
If you're a victim of a car crash, a slip and fall, or a defective product, a personal injury lawsuit can help you get the compensation you deserve.
A
personal injury lawsuit may be filed against any party who has violated a legal duty of care.
The plaintiff will seek damages for any injuries they suffered such as medical bills, loss of earnings, and pain and suffering.
Statute of Limitations
You have the legal right to file a personal injury lawsuit against someone who caused you harm due to their negligence or intentional act. This is known as a "claim." However the statute of limitations limits the time that you can make a claim.
Each state has its own statute of limitations. This makes it difficult to make a claim. It is typically two years, however certain states have longer deadlines for specific kinds of cases.
Since it permits people to settle civil disputes quickly, the statute of limitations is an essential part of the legal process. It assists in preventing claims from being delayed for too long, which could cause frustration for those who were injured.
Generally, the statute of limitations for personal injury claims is usually three years from the date of the accident or injuries that triggered the suit. Although there are exceptions for this general rule , which can be confusing without the assistance of an experienced lawyer they are generally simple to grasp.
The discovery rule is an exception to the statute of limitations. This states that the statute will not be in effect until the person who has suffered an injury realizes that their injuries were resulted from or were caused by a wrongdoing. This is applicable to a variety of lawsuits including medical malpractice, personal injury and wrongful deaths.
In most cases, this means that should you be injured by a negligent driver and file a lawsuit within three years of when the accident occurred the case will most likely be dismissed. This is because the law requires you to be accountable for your own 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 for themselves. This is a very special circumstance and it is essential to consult with an attorney right away to ensure that the deadline doesn't run out.
In some situations the statute of limitations can be extended by a jury or judge. This is particularly true in medical malpractice cases, where it is difficult to prove negligence.
Complaint
The filing of a complaint is the first step in any personal injury lawsuit. The complaint will detail 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 prepare this document and then file it with the appropriate courthouse.
The complaint is a collection of numbered sentences that explain the court's jurisdiction to consider your case, define the legal basis for the allegations, and state the facts that are relevant to your case. This is a crucial part of the case since it serves as the basis for your arguments and assists the jury understand the case.
In the beginning of a personal-injury complaint, your attorney will begin with "jurisdictional allegations." These allegations will tell the judge where you are litigating and typically include references to court rules or state statutes that permit you to pursue the matter. These allegations aid the judge in determining whether the court has the authority to hear your case.
The attorney will then discuss various facts relating to the accident, including the time and manner in which you were hurt. These facts are crucial to your case because they serve as the basis for your argument that the defendant was negligent and therefore accountable.
Depending on the type of claim, your
personal injury lawyer will likely include additional counts to the complaint. These could include breach of contract, violations of the consumer protection law or other claims you might have against the defendant.
When the court has received the complaint, it will send a summons to the defendant, letting the defendant know that you're suing and that they've got a certain period of time to respond to the suit. The defendant must respond to the suit within that time period or else they could be subject to having their case dismissed.
Your attorney will begin a discovery procedure that will require evidence from the defendant. It could include taking depositions in which witnesses are questioned under the oath of your attorney.
The trial phase of your case will begin and a jury will determine the outcome of your case. Your personal injury lawyer will be able to present evidence at trial and the jury will make their final decision on your damages.
Discovery
Discovery is an essential step in any personal injury case. It involves analyzing and gathering all evidence, including witness statements, medical bills, police reports, and other relevant information. Your lawyer should have this information available as soon as you can to present a strong argument for you and safeguard your rights in court.
During discovery, both sides are required to submit their responses in writing and under oath. This can help avoid surprises later on in the trial.
It's a long and difficult process, but it's crucial that your lawyer fully prepare your case for trial. It also allows them to build a stronger case and determine which evidence should be excluded or thrown out before going into court.
The first step of the discovery process is exchanging all relevant documents. This includes all medical documents, reports and photographs related to your injury.
Attorneys from both sides may ask for specific information from each other. This can include medical records, police reports, accident reports, and reports on lost wages.
These documents are vital to your case and can be used by your lawyer to demonstrate that the defendant is responsible for your injuries. They can also document your medical treatment and the length of time that you were absent from work because of the injuries.
Your lawyer may request the opposing side acknowledge certain facts during this phase. This will allow them to save time and money in trial. It is possible to disclose a preexisting injury in advance to your attorney so that they 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 often the most difficult aspect of discovery, since it will require a significant amount of time and effort from both parties.
During discovery, the party at fault's insurance company might offer to settle the claim with an amount that is reasonable prior to a trial is held in the court. Although this is a common option to avoid spending time and money during trial however, it's by no means a guarantee. Your attorney will provide an opinion on whether the settlement offer is reasonable and will help you determine the most effective approach to take to move forward.
Trial
After being injured in an accident the personal injury trial is the most typical type. It is the process in where your case is presented to an impartial jury or judge to determine if the party (who caused your injuries) should be held legally accountable for your losses, and if so, how much you deserve for the damages.
Your lawyer will argue your case before the judge/jury during a trial. The jury will decide if the defendant is to be held responsible for your injuries or damages.