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How a Personal Injury Lawsuit Works A personal injury lawsuit could help you receive the compensation you deserve regardless of whether or not you were the victim of a car accident or slip and fall. A personal injury lawsuit may be filed against any entity who has violated a legal duty of care. The plaintiff will seek compensation for the damages they have incurred which include medical expenses, lost income, and suffering and pain. Statute of Limitations You are entitled under the law to file a personal injury lawsuit against someone who has caused you harm by their negligence or intentional act. This is referred to as a “claim.” However the statute of limitations limit your time frame to bring a lawsuit. Each state has a statute of limitations, which sets an exact time frame for your ability to make a claim. It is typically two years, though 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 individuals to settle civil cases in a timely manner. It also prevents claims from lingering forever which could be a major issue for those who have suffered injury. The time limit for personal injury claims is generally three years from the date of the injury or accident that caused it. Although there are exceptions to this general rule that can be confusing if not accompanied by the guidance of a skilled lawyer, they are generally easy to comprehend. One exception is the discovery rule, which says that the statute of limitations does not begin until the injured person actually discovers that their injuries were caused by a wrongful act. This applies to all kinds of lawsuits such as personal injury, medical malpractice and wrongful deaths. In most cases, this means when you are injured by an inexperienced driver and file a lawsuit more than three years after the accident occurred the case is likely to be dismissed. This is because the law expects you to take responsibility for your health and well-being. The three-year personal injury statute does not apply to those who are legally incapacitated, or legally incompetent. This means they are unable to make legal decisions on their own. This is a distinct case and it's best to discuss your personal injury matter with an attorney as soon as possible to make sure that the time limit is not surpassed. A jury or judge can extend the statute of limitations in certain situations. This is especially true in medical malpractice cases, where it is sometimes difficult to prove negligence. Complaint The first step in any personal injury lawsuit is the filing of an accusation. The complaint outlines the allegations you have, the at-fault party's liability and how much money you'd like to seek in damages. Your Queens personal injury lawyer will draft this and then file it with the appropriate courthouse. The complaint consists of numbered sentences that explain the court's jurisdiction to hear your case, define the legal reasoning behind your allegations, and state the facts related to your lawsuit. This is an essential part of your argument since it serves as the foundation for your arguments, and assists jurors in understanding the facts. In the first paragraphs of a personal injury lawsuit your lawyer will start with “jurisdictional allegations.” These allegations will inform the judge where you are seeking to sue and will often contain references to court rules or state statutes that permit you to do so. These allegations help the judge determine whether the court has authority to consider 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 crucial to your case because they provide the foundation for your argument on the defendant's negligence and , consequently, responsibility. Depending on the type of claim, your personal injury lawyer may include additional claims to the complaint. This could include breach of contract, violation or other claims you may have against the defendant. Once the court receives the complaint, it will issue an order to the defendant that lets them know you're suing them and that they have a certain amount of time in which to respond to the suit. Otherwise, the defendant may have their case dismissed. Your attorney will then begin the discovery process to collect evidence from the defendant. This may involve depositions in which the defendant is asked questions under an oath. The trial phase of your case will begin and a jury will decide on the final outcome of your case. Your personal lawyer for injury will present evidence during the trial , and the jury will make their final decision on your damages. Discovery Discovery is an essential process in any personal injury case. It involves gathering and analyzing all evidence that is relevant to the case, including witnesses' statements, police reports, medical bills and more. Your lawyer should have this information available as soon as you can to make a convincing case for you and protect your rights in court. During discovery in discovery, both sides must provide their responses in writing as well as under swearing. This is to avoid surprises later in the trial. Although this can be an extended and complicated process it is vital that your lawyer prepares you for trial. This allows them to build an impressive case and decide which evidence is able to be dropped from the court. The first step in the discovery process is to exchange all relevant documents. This includes all relevant medical documents, reports, photographs and other documents relating to your injury. Attorneys from both sides can seek specific information from one other. This could include medical records as well as police reports, accident reports, and lost wage reports. These documents are essential to your case and can be used by your attorney to establish that the defendant was accountable for your injuries. They can also show your medical treatment and the length of time that you were absent from work because of the injuries. Your lawyer may request the opposing party admit certain facts during this stage. This will allow them to save time and money at trial. For instance, if you have a preexisting injury and you are unable to disclose this prior to your attorney can prepare for the case. Depositions are another important part of the discovery process. They require witnesses to provide evidence under oath concerning the incident and their role in the lawsuit. This is often the most difficult part of discovery as it could require a lot of effort and time from both sides. During discovery the insurance company representing the at-fault party might offer to settle the claim in an acceptable amount. personal injury attorney harlingen happens before a trial is scheduled. Although this is a common way to save time and money at trial however, it's by no means a guarantee. Your attorney can give you their opinion on whether a settlement is fairand can advise you of the best way to move forward. Trial After being injured in an accident and suffering personal injuries, a trial is the most common type. This is where your case is presented to jurors or judges. The judge will decide if the defendant (the one who caused your injuries) is legally responsible for your damages and If so, how much. In the course of a trial, your lawyer will present your case to the judge or jury and they will decide whether or whether the defendant should be liable for your injuries and damages. The defense on the other hand, will present their side of the story and try to convince the judge why they should not be held accountable for your injuries. The trial process generally begins with the attorneys on both sides 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 given, the judge will give instructions to the jury about what they should do before making their decision. During the trial the plaintiff will provide evidence, including witnesses, to support the assertions made in their complaint. The defendant will, on the other hand, will present evidence to counter the allegations. Before trial, each side of the case makes motions – formal motions to the court asking for specific actions they wish the judge to take. These motions may include requests for evidence or an order that the defendant undergo a physical examination. After your trial the jury will then discuss your case and decide on the basis of all evidence presented. If you win, the jury will award you a sum of money for your losses. If you lose, your opponent will be able to appeal. This could take months, or even years. It is wise to think ahead and act immediately to protect your rights when you realize that your case is heading towards trial. The entire process of a trial could be very stressful and expensive. The most important thing is to keep in mind that the best way to avoid a trial is to resolve your case quickly and fair. A competent personal injury lawyer will help you navigate the legal system and ensure that you are compensated for your injuries as quickly as is possible.