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How a Personal Injury Lawsuit Works A personal injury lawsuit could aid you in receiving the compensation you deserve regardless of whether you were the victim of a car accident or slip and fall. Anyone who has violated an obligation of law can be sued for personal injury. The plaintiff is entitled to damages for any injuries they suffered such as medical bills, lost earnings, and pain and suffering. Statute of Limitations You have the legal right to file a personal injuries lawsuit against someone who caused you harm by their negligence or intentional act. This is known as a “claim.” However the time period for filing a lawsuit is limited by the statute of limitations. Each state has its own statute of limitations, which sets an exact deadline for your ability to file an action. The typical timeframe is two years, however some states have shorter deadlines for certain types cases. Since personal injury lawsuit west palm beach permits individuals to resolve civil issues quickly the statute of limitations is an essential part of the legal procedure. It also helps prevent claims from languishing for a long time and can be a major source of frustration for those who have suffered injury. Generally speaking, the statute limitations for personal injury lawsuits is three years from the date of the incident or injury that led to the lawsuit. There are a few exceptions to this rule but they can be difficult to comprehend without the help from a skilled lawyer. The discovery rule is an exception to the statute of limitations. It states that the statute of limitations will not expire until the person who is injured realizes that their injuries were caused or contributed to through a negligent act. This applies to all kinds of lawsuits. This includes personal injury and medical malpractice. This means that when you file a lawsuit against a negligent driver longer than three years after the crash it is likely to be dismissed. This is because the law requires that you take the full responsibility for your health and well-being. The three-year personal injury statute doesn't apply to those who are legally incapacitated or legally incompetent. This means they cannot make legal decisions for themselves. This is a very unique circumstance and it is essential to consult with an attorney immediately to make sure that the deadline doesn't expire. In certain circumstances the statute of limitations can be extended by a judge or a jury. This is particularly true for medical malpractice cases in which it may prove difficult to prove negligence. Complaint The filing of an action is the first step in any personal injury case. 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 then file it with the appropriate courthouse. The complaint is comprised of numbered statements that outline the court's authority to decide on your case, define the legal foundations behind your allegations, and state the facts related to your lawsuit. This is an essential part of the case because it provides the basis for your arguments and assists the jury understand your case. Your lawyer will start with “jurisdictional allegations” in the first paragraph of the personal injury lawsuit. These allegations will tell the judge the place you're litigating and typically include references to court rules or state statutes that allow you to file such a suit. These allegations can assist the judge in deciding if the court has the power to hear your case. The attorney will then address the various facts relating to the incident, including the date and time you were hurt. These facts are crucial to your case since they are the basis for your argument that the defendant was negligent, and therefore legally liable. Depending on the type of claim depending on the type of claim, your personal injury lawyer may add additional charges to the complaint. They could include breaches of contract, violations or other claims you may have against the defendant. When the court has received a copy, it will send a summons out to the defendant. The summons informs the defendant that you're suing them and provides them with a time limit to respond. Otherwise, the defendant may have their case dismissed. Your lawyer will then start a discovery process to obtain evidence from the defendant. This could involve depositions in which the defendant is asked questions under oath. Your case will then enter the trial phase, during which the jury will decide on your recovery. During the trial, your personal injury lawyer will present evidence to the jury and they will make their final decision on your damages. Discovery Discovery is a crucial step in any personal injury case. This includes gathering and analyzing all evidence such as witness statements, medical bills, police reports, and other relevant information. Your lawyer should have this information immediately to create a strong case for you, and to protect your rights in court. Both sides must respond to the discovery in writing and under an oath. This can help avoid surprises later in the trial. While it can be an extended and complicated process however, it is crucial that your lawyer prepares you for trial. This also helps them make a stronger case and determine what evidence should be excluded or thrown out prior to going to court. The first step in the discovery process is exchanging all relevant documents. This includes all medical records, reports, and photographs related to your injury. Attorneys from both sides are able to request specific information from the other side. This can include medical records or police reports, accident reports and lost wages reports. These documents are vital to your case and they will help your attorney prove that the defendant is responsible for your injuries. These documents also can show the extent of your medical treatment and the length of time you were off work because of the injuries. In this phase the attorney may also request that the other side admit certain facts, which can make them more efficient and save money at trial. You may be required to disclose an existing injury prior to the trial to your attorney to ensure that they can prepare properly. Another important aspect of the discovery process is taking depositions, which require people testifying under oath about the incident that they are discussing and their involvement in the lawsuit. It's usually the most difficult part of the discovery process, since it requires a lot of time and effort from both sides. During discovery the insurance company representing the at-fault party might offer to settle the claim in an appropriate amount. This is done prior to a trial is scheduled. Although this is a typical method to avoid wasting money and time at trial, it's not a guarantee. Your lawyer can give you their opinion on whether the settlement is fair and can help you determine the best way to proceed. Trial A personal injury trial is the most common type of legal action that you could pursue after being injured in an accident. This is where your case is presented to the jury or a judge. The judge will decide whether the defendant (the one who caused your injuries) should face legal responsibility for your injuries and in the event that they do, what amount. Your lawyer will argue your case before the jury or judge during the course of a trial. The jury will decide if the defendant should be held accountable for your injuries or damages. The defense will present their side and argue that they shouldn't be held responsible for your harm. The trial process usually begins with the attorneys for each side making opening statements. The next step is to interview potential jurors to determine who can help decide your case. After the opening statements are made, the judge provides instructions to the jurors on what they must do prior to making their decision. The plaintiff will present evidence at trial including witnesses, that support their claims. The defendant will present evidence to discredit those claims. Before trial each side of the case files motions , which are formal motions to the court asking for specific actions they wish the judge to take. Motions may request for a particular piece of evidence or an order requiring the defendant to submit to a physical examination. After your trial the jury will consider your case and then make a decision on the basis of all the evidence presented. If you win the trial, the jury will award you money for your damages. If you lose, your opponent can appeal. This could take a number of months or even years. It is a good idea to plan ahead and take actions immediately to safeguard your rights if you realize that your case is moving towards trial. The whole process of a trial can be very stressful and costly. It is important to remember that you can avoid trial by having your case settled quickly and fairly. A experienced personal injury lawyer can assist you through the process and make sure that you receive the compensation you deserve for your damages as soon as you can.