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 get the compensation you deserve.
A personal injury lawsuit can be filed against any person who has breached the legal duty of care.
The plaintiff will seek compensation for losses they have suffered which include medical expenses or lost income, as well as suffering and pain.
Statute of Limitations
When someone else’s negligence or intentional act injures you and you are injured, you have the legal right to pursue a personal injury lawsuit. This is referred to as a “claim.” However, the statute of limitations limits your time frame to file a lawsuit.
Each state has a statute of limitations that sets an exact deadline for the time you can make a claim. It usually takes two years, but some states have shorter deadlines for certain types cases.
Because it allows people to resolve civil matters quickly and efficiently, the statute of limitations is a crucial part of the legal process. It helps to prevent claims from lingering for too long, which can cause frustration for injured parties.
Generally, the statute of limitations for personal injury claims is usually three years from the date of the incident or injury which led to the suit. While there are exceptions to the general rule that may be confusing without the help of an experienced lawyer, they are generally simple to comprehend.
The discovery rule is an exception to the statute of limitations. This means that the statute will not be in effect until the injured party realizes that their injuries were resulted from or were caused by a wrongdoing. This applies to all kinds of lawsuits, like medical malpractice and personal injury.
In most instances, this means that when you are injured by an inexperienced driver and file your lawsuit more than three years after the incident it is likely to 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 victims who are legally incapacitated or incompetent. This means they cannot make legal decisions on their own. This is a very unique situation, and it is vital to speak with an attorney as soon as possible to ensure that the deadline does not run out.
A jury or judge may extend the statute of limitations in certain circumstances. This is especially true in cases of medical malpractice where it can be difficult to prove that the medical professional was negligent.
Complaint
The first step in any personal injury lawsuit is to file an accusation. This document outlines your allegations and the liability of the person at fault and the amount you’d like to request in damages. The document will be drafted by your Queens personal injury lawyer and filed with the appropriate courthouse.
The complaint is a set of numbered sentences that explain the court’s authority to hear your matter, identify the legal theories that underlie the allegations, and then state the facts that are relevant to your case. This is a critical part of the case because it provides the basis for your arguments and assists the jury understand the case.
In the initial paragraphs of a personal injury claim your lawyer will start with “jurisdictional allegations.” These allegations will tell the judge the place you’re seeking justice and usually include references to court rules or state statutes that allow you to pursue the matter. These allegations assist the judge to decide if the court has the authority to hear your case.
Your lawyer will then dig into a variety of factual allegations that describe the accident, including how and when you were injured. These details are essential to your case because they form the basis for your argument about the defendant’s negligence , and consequently the liability.
Your personal injury law firm injury lawyer may add additional counts depending on the nature and severity of the claim. This could include breach of contract, violation or other claims you might have against the defendant.
After the court has received a copy of the complaint, it will issue an order to the defendant letting the defendant know that you’re suing and that they’re given a certain amount of time in which to respond to the suit. The defendant must reply to the suit within that time period or else they could be subject to losing their case.
Then, your attorney will begin a discovery process that will require evidence from the defendant. This may involve taking depositions, in which people are questioned under oath by your attorney.
Your case will then go through a trial phase, where the jury will decide on your compensation. Your personal lawyer for injury will present evidence during the trial , and the jury will take their final decision regarding your damages.
Discovery
Discovery is an essential step in any personal injury case. It involves analyzing and gathering all evidence that is available, including witness statements police reports, medical bills and other pertinent information. It is imperative for your lawyer to collect this information as soon as possible, so they can put together an effective case on your behalf and defend your rights in the courtroom.
During discovery, both sides are required to submit their answers in writing, and under the oath. This will help prevent unexpected surprises later on during the trial.
Although this could be a long and difficult process it is vital that your lawyer prepares you for trial. It also allows them to construct a stronger defense and determine what evidence should be rejected or dismissed prior to going to court.
The first step in the discovery process involves exchanging all relevant documents. This includes all relevant medical records, reports, photographs, and other documentation related to your injury.
Attorneys from both sides can request specific information from each other. This includes medical records, police reports and accident reports.
These documents are essential to your case and they can help your lawyer prove that the defendant was accountable for your injuries. They will also be able to show your medical treatment as well as the amount of time you were off work due to your injuries.
Your lawyer may request the opposing party admit certain facts during this stage. This will help them save time and money during trial. You may need to disclose an injury that is pre-existing to your attorney in order that they can properly prepare.
Depositions are another important part of the discovery process. They require witnesses to give testimony under oath about the incident and their roles in the lawsuit. This is often the most difficult part of the discovery process, since it can take a lot of time and effort from both parties.
During discovery, an insurance company representing the at-fault party may offer to settle the claim in an amount that is fair. This happens before a trial is scheduled. This is a standard practice to avoid wasting time and money on trial but it’s not an assurance. Your lawyer can provide their opinion on whether a settlement offer is fair, and will advise you on the best strategy for moving forward.
Trial
A personal injury trial is the most popular kind of legal action you can pursue following an injury in an accident. This is when your case is presented to a judge or jury. The judge will decide if the defendant (the one who caused your injuries) should face legal responsibility for your damages , and If so, what amount.
Your attorney will present your case to the jury/judges during a trial. The jury will decide if the defendant is to be held responsible for your injuries or damages. The defense will present their case and argue that they shouldn’t be held accountable for the harm you’ve suffered.
The trial process usually starts with the attorneys of each side making opening statements. Next, they interview potential jurors in order to determine who is best suited to help decide your case. After the opening statements have been made, the judge reads an instruction to the jury on what they should consider prior to making their decisions.
During the trial the plaintiff will present evidence, including witnesses, that backs the assertions made in their complaint. The defendant is on the other side, will present evidence to counter the allegations.
Each side files motions before trial. These are formal requests to the court request specific actions. These motions could include requests for a certain piece of evidence or an order that requires the defendant to submit to physical examination.
After your trial the jury will deliberate, or discuss your case and then decide on all the evidence they’ve heard. If you win the trial, the jury will award money to compensate you for your losses.
If you lose, your opponent could appeal. This can take months or even years. It’s best to plan ahead and take steps to defend your rights immediately you learn that the case is headed towards trial.
The entire process of trial can be very stressful and costly. The most important thing to remember that the best method to avoid trial is to resolve your case quickly and fairly. A experienced personal injury lawyer can guide you through the process and make sure that you receive compensation for your injuries as soon as possible.
