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How a Personal Injury Lawsuit Works A personal injury lawsuit can aid you in receiving the compensation you deserve regardless of whether or not you were the victim of a car crash or slip and fall. A personal injury lawsuit may be filed against any person that has violated a legal duty of care. The plaintiff will seek compensation for injuries they have sustained, including medical bills, lost income, and pain and suffering. Statute of Limitations You are entitled under the law to file a personal injury lawsuit against someone who has caused harm to you through their negligence or intentional act. This is referred to as a “claim.” However, the statute of limitations restricts the time you can file a lawsuit. Each state has a statute of limitations that imposes an exact deadline for your ability to submit a claim. This usually takes two years, however some states have shorter deadlines in certain types of cases. Because it allows people to settle civil cases quickly, the statute of limitations is an essential part of the legal procedure. It also helps to prevent claims from languishing for a long time which could be a major frustration for victims of injuries. The statute of limitations for personal injuries claims is generally three years from the date of the accident or injury that triggered it. While there are exceptions to this general rule that can be confusing without the help of an experienced lawyer they are generally easy to comprehend. The discovery rule is an exception to the statute of limitations. It 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 negligent act. This is applicable to all kinds of lawsuits. This includes medical malpractice and personal injury. This means that should you file a suit against a negligent driver longer than three years after the crash it is likely to be dismissed. This is because the law requires you to accept full responsibility for your health and well-being. The three-year personal injury statute does not apply to victims who are legally incapacitated, or legally incompetent. This means that they cannot make legal decisions on their own. This is a special case therefore it is best 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 circumstances the statute of limitation may be extended by a jury or judge. This is especially relevant in medical malpractice cases, where it may be difficult to prove that the doctor was negligent. Complaint The filing of an action is the first step in any personal injury case. This document details your allegations, the liability of the party responsible for the accident and the amount you want to claim in damages. This document will be prepared by your Queens personal injury lawyer and filed with the appropriate courthouse. The complaint is comprised of numbered statements that outline the court's authority to hear your case, outline the legal reasoning behind your allegations, and outline the facts pertaining to your lawsuit. This is a critical part of the process because it establishes the basis for your arguments and assists the jury understand your case. Your attorney will start with “jurisdictional allegations” in the very first paragraph of a personal injury lawsuit. These allegations tell the judge the court where you are suing, and often contain references to state statutes or court rules that allow you to pursue this. These allegations aid the judge determine whether the court has authority to hear your case. The lawyer will then go over various facts related to the accident, such as the date and time you were hurt. These facts are crucial to your case because they will form the basis for your argument concerning the defendant's culpability and the responsibility. Depending on the type of claim the personal injury lawyer is likely to add additional charges to the complaint. They could include a breach of contract, violations of the law on consumer protection or other claims you may have against the defendant. When the court receives a copy of the complaint, it'll send an order to the defendant that lets them know you're suing them and that they're given a certain period of time to respond to the suit. Otherwise, the defendant could be denied their case. Next, your attorney will start a discovery process that involves gathering evidence from the defendant. It could involve depositions during where the defendant is challenged under the oath. Your case will then go through the trial phase, in which the jury will determine your claim. Your personal lawyer for injury will present evidence at trial and the jury will make their final decision on your damages. Discovery Discovery is an essential process in any personal injury case. This includes gathering and analyzing all evidence that is available, including witness statements police reports, medical bills and other relevant information. It is essential that your lawyer obtain the information as quickly as they can so they can create a strong case for you and protect you in the courtroom. During discovery in discovery, both sides are required to give their answers in writing and under an oath. This will help prevent surprises later during the trial. Although this could be a long and difficult process it is crucial that your lawyer prepares you for trial. It also lets them build a stronger case and decide which evidence can be rejected or dismissed prior to going to the courtroom. The first step of the discovery process involves exchanging all relevant documents. This includes all pertinent medical documents, reports, photos and other documentation relating to your injury. Attorneys from both sides can request specific information from each other. This can include medical records as well as police reports, accident reports and lost wage reports. personal injury lawsuit bellingham are vital to your case, and can help your attorney prove that the defendant was accountable for your injuries. They will also be able to show your medical treatment as well as the length of time you missed work because of the injuries. During this phase the attorney may also ask the opposing side to acknowledge certain facts. This will save time and money during trial. For instance, if you are suffering from an injury prior to the time of trial, you may need to reveal this fact in advance so your attorney can be prepared. Depositions are a crucial part of the discovery process. They require witnesses to provide testimony under oath about the incident and their role in the lawsuit. This is typically the most difficult aspect of discovery because it can require a lot and time from both sides. During discovery, the party at fault's insurance company may offer to settle the claim for an amount that is fair before the trial is scheduled in court. Although this is a typical method to avoid wasting money and time during trial, it's not a guarantee. Your attorney can give you their opinion on whether a settlement offer is fair, and they can help you determine the best way to move forward. Trial A personal injury trial is the most popular type of legal action you can pursue following an injury in an accident. It is the stage in which your case goes before an arbitrator or judge to determine whether the defendant (who caused your injuries) should be held legally accountable for your damages and, if it is what amount you should be entitled to for the damages you suffered. Your lawyer 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 however will give their argument and try to convince the judge why they should not be held accountable for the injury. The trial process typically begins by the attorneys of both parties giving opening statements and then examining potential jurors to determine who will be best suited to judge your case. After the opening statements are delivered, the judge reads the jury an instruction on the things they should be considering before making their decision. During the trial the plaintiff will present evidence, like witnesses, that backs the allegations made in their complaint. The defendant is on the other side, will present evidence to refute the allegations. Every side files motions before trial. These are formal requests to the court request specific actions. Motions may request for a particular piece of evidence or an order that requires the defendant to undergo physical examination. After your trial the jury will debate your case and come to a conclusion on the basis of all evidence presented. If you prevail, the jury will award money to compensate you for your losses. If you lose, your opponent can appeal. This could take months or even years. It's a good idea to plan ahead and take steps immediately to protect your rights when you realize that your case is headed towards trial. The entire trial process can be extremely stressful and costly. The most important thing to remember that the best way to avoid trial is to resolve your case quickly and with fairness. A skilled personal injury lawyer will assist you in navigating the process and ensure that you are compensated for your injuries as soon as you can.