How a Personal Injury Lawsuit Works

Whether you are a victim of a car crash, a slip and fall, or a defective product, a personal injury lawsuit can help you receive the compensation you deserve.

A personal injury lawsuit can be filed against any entity who has breached the legal duty of care.

The plaintiff will seek compensation for the injuries they have sustained in the form of medical bills, lost income, and 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 pursue a personal injury lawsuit. This is called a "claim." However, your time to file a lawsuit is restricted by the statute of limitations.

Each state has a statute of limitations that sets an exact deadline for the time you can submit an action. It is typically two years, however some states have longer deadlines for certain kinds of cases.

The statute of limitations is a key element of the legal process as it allows people to move on from civil disputes in a timely way. It also helps to prevent claims from lingering forever which can cause major frustration for those who have been injured.

The time limit for personal injuries claims is usually three years from the date of the accident or injury which caused it. There are several exceptions to this general rule but they can be difficult to understand without the help of an experienced lawyer.

One exception is the discovery rule, which states that the statute of limitations will not start running until the injured person actually discovers that their injuries were caused by a wrongdoing. This applies to all types of lawsuits, including personal injury and medical malpractice.

In most cases, this means that if you are injured by negligent drivers and file your lawsuit within three years of when the accident it is likely to be dismissed. This is because the law requires you to be accountable for your health and well-being.

Another reason to consider the three-year personal injury statute of limitations is if the victim is legally incompetent or incapacitated, which means that they are not capable of making legal decisions on their own behalf. This is a unique case and it is important to consult with an attorney right away to ensure that the deadline does not expire.

In some situations, the statute of limitations can be extended by a jury or judge. This is especially true in medical malpractice cases, where it is sometimes difficult to prove negligence.

Complaint

The filing of a complaint 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 plan to claim in damages. Your Queens personal injury lawyer will prepare the document and submit it to the appropriate courthouse.

The complaint is composed of numbered statements that explain the court's jurisdiction to hear your case, define the legal theories behind your allegations, and state the facts that are relevant to your lawsuit. This is an essential part of the case since it is the basis of your arguments and helps the jury to understand the case.

In the first paragraphs of a personal injury lawsuit your lawyer will start with "jurisdictional allegations." These allegations will tell the judge which jurisdiction you are seeking to sue and will often contain references to court rules or state statutes that allow you to do so. These allegations assist the judge to determine whether the court has authority to take your case to court.

The lawyer will then talk about various facts that relate to the accident, including the manner and the circumstances in which you were hurt. These factual allegations are critical to your case since they serve as the basis for your argument that the defendant was negligent and therefore accountable.

Depending on the type of claim the personal injury lawyer will likely include additional claims to the complaint. They could include breaches of contract, violation or other claims you might have against the defendant.

When the court receives the complaint, it'll send an order to the defendant, letting them know that you're filing a lawsuit against them and that they have a specific amount of time to respond to the suit. The defendant must respond to the suit within that timeframe or else they'll risk losing their case.

Your attorney will start a discovery process which involves obtaining evidence from the defendant. It could include depositions, where witnesses are interrogated under an oath by the attorney.

The trial phase of your case will begin with a jury, who will determine the outcome of your case. Your personal attorney will present evidence during the trial and the jury will make a final decision on your damages.

Discovery

Discovery is an essential process in any personal injury lawsuits injury case. It involves obtaining and analyzing every piece of evidence in the case such as witness statements as well as medical bills, police reports and more. Your lawyer must have these documents immediately to create a strong case for you and defend your rights in court.

Both sides must respond to discovery in writing and under an oath. This is to keep surprises from occurring later in the trial.

It's a long and challenging process, but it is essential for your lawyer to fully prepare your case for trial. This also helps them make a stronger case and decide which evidence can be rejected or dismissed prior to going to court.

The first step in the discovery process is to exchange all relevant documents. This includes all pertinent medical records, reportsand photographs and other documents related to your injury.

Next, attorneys from both sides are entitled to request specific information from the other side. 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 is responsible for your injuries. These documents also can show the extent of your medical treatment and the amount of time you missed work due to your injuries.

In this stage in the process, your lawyer can request that the opposing side accept certain facts, which can make them more efficient and save money during the trial. For instance, if suffer from an injury that you did not have before, you may need to make this known in advance so that your attorney can prepare for the case.

Another essential aspect of the discovery process is taking depositions, which require people who testify under oath about the incident that they are discussing and their role in the lawsuit. This is usually the most difficult aspect of discovery, as it can require a lot and time from both parties.

During discovery, the party at fault's insurance company could offer to settle the claim with an amount of money before trial in court. This is a common move to avoid the expense of time and money for trial however it isn't an assurance. Your attorney can give you their opinion on whether a settlement is reasonable, and can advise you of the best method to move forward.

Trial

After being injured in an accident an injury case, a personal injury trial is the most frequent kind. It is the stage in which your case goes before the jury or a judge to determine if the party (who caused your injuries) should be held legally accountable for the damages you suffered and, if so the amount you are entitled to for the damages.

Your attorney will present your case to the judge/jury during the trial. The jury will decide if the defendant should be held accountable for your injuries or damages. The defense will defend their side and argue why they shouldn't be held accountable for the harm you've caused.

The trial process typically begins with the attorneys for each side presenting opening statements. The next step is to interview potential jurors to decide who will assist in deciding your case. After the opening statements are delivered, the judge reads instructions to the jury about what they need to consider prior to making their decisions.

The plaintiff will present evidence during the trial, including witnesses, that support their claims. The defendant, on the other hand will present evidence in support of those claims.

Each side files motions prior to trial. These are formal requests to the court demand specific actions. These motions may contain requests for evidence or an order that the defendant undergo a physical exam.

After your trial the jury will deliberate, or discuss the case and make a decision based on all the evidence they've been presented with. If you prevail the jury will award you money for your damages.

If you lose, your opponent may appeal. This could take months or even years. It's important to plan ahead and take steps to ensure your rights immediately you learn that your lawsuit is moving toward trial.

The whole process of trial can be very stressful and expensive. The most important thing to remember that the best way to avoid trial is to settle your case quickly and fair. A competent personal injury lawyer will assist you in navigating the process and ensure that you get compensation for your injuries as quickly as possible.