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How a Personal Injury Lawsuit Works If you're a victim of a car crash, a slip and fall, or defective product, a personal injury lawsuit can help you get the money you deserve. A personal injury lawsuit can be filed against any person who has violated a legal duty of care. The plaintiff will seek compensation for the damages they have incurred in the form of medical bills or lost income, as well as pain and suffering. Statute of Limitations If someone else's negligence or intentional act causes injury to you or your family members, you have a legal right to pursue a personal injury lawsuit. This is known as a “claim.” However the statute of limitations restricts your time to make a claim. Each state has its own statute of limitations. This means that you are not able to submit 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 element of the legal process as it allows people to get over civil matters in a timely time. It assists in preventing lawsuits from taking too long, which may create frustration for the parties who have suffered. The limitation period for personal injuries claims is usually three years from the date of the injury or accident that triggered it. There are several exceptions to this rule however they can be difficult to comprehend without the help of an experienced lawyer. 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 is injured realizes that their injuries were caused or aggravated by a negligent act. This is true for all types of lawsuits including medical malpractice, personal injury and wrongful death claims. This means that the moment you file a lawsuit against a negligent driver later than three years after the accident, it will likely be dismissed. This is because the law requires you to take all responsibility for your health and well-being. The three-year personal injury statute does not apply to victims who are legally incapacitated or incompetent. This means they are unable to make legal decisions on their own. This is a distinct case and it is recommended to discuss your personal injury matter with an attorney as soon as you can to ensure that the time limit does not expire. A judge or jury may extend the statute of limitations in certain situations. This is especially true for medical malpractice cases where it is difficult to prove negligence. Complaint The first step in any personal injury lawsuit is the filing of an accusation. The complaint outlines your allegations and the responsibility of the at-fault party , and the amount you intend to claim in damages. Your Queens personal injury lawyer will draft this document and file it with the appropriate courthouse. The complaint is a series of numbered statements that define the court's jurisdiction to consider your matter, identify the legal basis for the allegations, and then state the facts that are relevant to your case. This is an essential part of the case since it serves as the basis for your arguments and assists the jury comprehend your case. Your lawyer will begin with “jurisdictional allegations” in the first paragraph of a personal injury lawsuit. These allegations will inform the judge which jurisdiction you are suing and often include the court's rules or state statutes that permit you to do so. These allegations assist the judge to determine whether the court has authority to decide on your case. The lawyer will then go over various facts related to the incident, including the time and manner in which you were injured. These facts are vital to your case because they form the basis of your argument that the defendant was negligent, and therefore liable. Your personal injury lawyer could include additional charges based on the nature and the extent of the claim. This could include the breach of contract, violation of the law on consumer protection or other claims you may have against the defendant. Once the court has received a copy it will issue a summons to the defendant. The summons informs them that you are suing them and gives them an opportunity to respond. The defendant must reply to the suit within the specified time or they risk losing their case. Your lawyer will then initiate the process of discovery to get evidence from the defendant. This could include depositions in which the defendant is interrogated under oath. The trial phase of your case will begin and a jury will decide on the final result of your recovery. During the trial, your personal attorney will give evidence to the jury and they'll take the final decision regarding your damages. Discovery Discovery is a critical step in any personal injury lawsuit. This involves gathering and analyzing all evidence, including witness statements, police reports, medical bills and other pertinent information. It is important for your lawyer to obtain this information as soon as possible, so they can put together a strong case on your behalf and defend you in court. During discovery where both sides are required to provide their answers in writing, and under the oath. This can help avoid surprises later during the trial. Although this could be an extremely long and complex process, it is essential that your lawyer prepares you for trial. This helps them build an argument that is stronger, and determine what evidence can be excluded from court. The first step of the discovery process is to exchange all relevant documents. This includes all medical documents, reports, and photographs related to your injury. Attorneys from both sides may request specific information from each other. This includes police reports, medical records and accident reports. These documents are vital to your case and can be used by your attorney to show that the defendant is accountable for your injuries. These documents can also demonstrate the extent of your medical treatment and the length of time you were off work due to injuries. During this phase in the process, your lawyer can request that the other side admit certain facts, which can help them save time and money at trial. For personal injury attorneys fullerton , if you suffer from an injury you have already suffered or illness, you may have to reveal this fact in advance so that your attorney can properly prepare. Depositions are another important part of the discovery process. They require witnesses to provide testimony under oath about the incident and their roles in the lawsuit. This is usually the most difficult part of discovery, as it can require a lot and time from both parties. During discovery, an insurance company representing the party at fault might offer to settle the claim in an acceptable amount. This is done prior to a trial is scheduled. This is a typical move to avoid spending time and money for a trial but it's not an assurance. Your attorney can provide their opinion on whether the settlement offer is fair and help you decide on the best approach to take to move forward. Trial After being injured in an accident the personal injury trial is the most common type. This is where your case is presented to a judge or jury. The judge will decide whether the defendant (the one who caused your injuries) should face legal responsibility for your injuries and should they be held accountable, if so, for how much. In a trial, your attorney gives your case to a judge or jury who decides whether or not the defendant should be accountable for your injuries and damages. The defense, on the other hand will be able to present their version of the story 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 speaking with potential jurors to determine who will be competent to decide your case. After the opening statements are delivered, the judge gives instructions to the jury about what they should do before making their decision. During the trial the plaintiff will provide evidence, like witnesses, that supports the claims they made in their complaint. The defendant, on the other hand, will present evidence in support of the claims. Each side files motions prior trial. These are formal requests to the court ask for specific actions. These motions could include requests for a certain piece of evidence or an order requiring the defendant to undergo physical examination. After your trial the jury will debate your case and make a decision on the basis of all evidence presented. If you prevail, the jury will award you money for your losses. If you lose the appeal, your opponent will be given the option of filing an appeal. This could take months or even years. It's a good idea think ahead and make steps to protect your rights as soon as you know the case is headed towards trial. The entire process of trial can be very demanding and expensive. The most important thing to remember that the best way to avoid trial is to settle your case quickly and with fairness. A competent personal injury lawyer will help you through the process and make sure you receive compensation for your injuries as soon as is possible.