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How a Personal Injury Lawsuit Works Whether you are a victim of a car accident or slip and fall, or defective product, a personal injury lawsuit can help to receive the compensation you are due. A personal injury lawsuit may be filed against any entity who has breached a legal duty of care. The plaintiff will seek compensation for the losses they have suffered in the form of medical bills, lost income, and pain and suffering. Statute of Limitations You have the legal right to file a personal injury lawsuit against someone who has caused you harm due to their negligence or deliberate act. This is known as a “claim.” However the statute of limitations restricts the time that you can file a lawsuit. Every state has a statute of limitations, which sets an exact deadline for your ability to submit a claim. It is typically two years, although a few states have longer deadlines for certain kinds of cases. The statute of limitations is a crucial element of the legal process as it allows people to get over civil disputes in a timely time. It assists in preventing claims from being delayed for too long, which may cause frustration for those who were injured. Generally speaking, the statute limitations for personal injury lawsuits is three years from the date of the incident that led to the lawsuit. Although there are some exceptions to this general rule , which can be confusing without the help of an experienced lawyer, they are generally easy to comprehend. One exception is the discovery rule, which states that the statute of limitations will not begin to run until the injured party realizes that their injuries were caused by a wrongdoing. This is true for all types of lawsuits, including personal injury, medical malpractice and wrongful death claims. This means that if you file a suit against a negligent driver more than three years after the accident it is likely to be dismissed. This is because the law expects you to take responsibility for your own 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 for themselves. This is a distinct case therefore it is best to discuss your personal injury case with an attorney as soon as you can to ensure that the time limit is not surpassed. In certain situations the statute of limitations may be extended by a jury or judge. This is especially true in medical malpractice cases in which it may prove difficult to prove negligence. Complaint The first step in any personal injury lawsuit is filing a complaint. The complaint will detail your allegations and the liability of the person at fault and how much money you'd like to seek in damages. Your Queens personal injury lawyer will draft this document and then submit it to the appropriate courthouse. The complaint is a set of numbers that outline the court's authority to hear your case, define the legal theories behind the allegations, and outline the facts pertinent to your case. This is an essential part of the case as it serves as the basis for your arguments and helps the jury comprehend the case. In the opening paragraphs of a personal injury complaint, your attorney will begin with “jurisdictional allegations.” These allegations will tell the judge which jurisdiction you are seeking justice and usually include references or to court rules or state statutes that allow you to pursue the matter. These allegations will help the judge decide whether the court has the power to decide on your case. personal injury attorneys yuma will then talk about various facts related to the accident, including when and how you were hurt. These details are essential to your case as they will form the basis for your argument regarding the defendant's negligence , and consequently the liability. Your personal injury lawyer may add additional cases based on the type and extent of the claim. These could include the breach of contract, violation of the consumer protection law or other claims you might have against the defendant. When the court has received a copy of the complaint, it'll issue an order to the defendant informing them know that you're filing a lawsuit against them and that they're given a certain amount of time to reply to the suit. The defendant must reply to the suit within the specified time or they could be subject to having their case dismissed. The next step is to begin a discovery process that involves getting evidence from the defendant. This could include depositions in which the defendant is asked questions under oath. Your case will then move into an investigation phase, where a jury will decide the amount you will be awarded. During the trial your personal attorney will present evidence to the jury and they will take their final decision on your damages. Discovery Discovery is an essential step in any personal injury lawsuit. It involves gathering and analyzing all evidence that is relevant to the case which includes statements of witnesses and medical bills, police reports and much more. Your lawyer must have these documents in the earliest time possible to create a strong case for you, and to protect your rights in court. During discovery, both sides are required to submit their responses in writing as well as under an oath. This helps to avoid surprises later in the trial. It can be a long and difficult process, but it's crucial that your lawyer fully prepare your case for trial. This helps them create an argument that is stronger, and decide which evidence is able to be thrown out of court. The first step in the discovery process involves exchanging all relevant documents. This includes all relevant medical documents, reports, photographs, and other documentation related to your injury. The next step is that attorneys from both sides are entitled to request specific information from the other side. This includes police reports, medical records and accident reports. These documents are crucial to your case and can aid your lawyer in proving that the defendant is responsible for your injuries. These documents can also show the extent of your medical treatment and how long you were absent from work due to your injuries. Your attorney can request that the opposing party admit certain facts during this phase. This will help them save time and money at trial. It is possible to disclose a preexisting injury in advance to your attorney so that they are prepared. Another crucial part of the discovery process is taking depositions, which involves the witnesses giving a statement under oath concerning the incident at hand and their role in the lawsuit. This is typically the most difficult aspect of discovery, as it can require a lot and time from both sides. During discovery, an insurance company representing the at-fault party may offer to settle the claim in an appropriate amount. This happens before a trial is scheduled. This is a typical move to save time and money in the trial however it isn't an assurance. Your lawyer will give you an opinion on whether the settlement is reasonable and will help you determine the best strategy to move forward. Trial A personal injury trial is the most popular type of legal action you can take after being injured in an accident. This is the stage at which your case is heard by the jury or a judge to determine if the defendant (who caused your injuries) should be held legally accountable for the damages you suffered and, if yes it will determine how much you are entitled for the damages you suffered. Your lawyer will present your case to the jury or judge in a trial. The jury will decide if the defendant should be held responsible for your injuries or damages. The defense on the other hand will be able to present their side of the story and try to show why they shouldn't be held accountable for the injury. The trial process typically begins with the attorneys for both sides presenting opening statements. The next step is to interview potential jurors in order to determine who is best suited to help decide your case. After the opening statements are given, the judge will give instructions to the jury regarding what they should do before making their decision. The plaintiff will present evidence at trial including witnesses, which supports their assertions. The defendant, however, will offer evidence to discredit the assertions. Every side files motions before trial. These are formal requests to the court to ask for specific actions. These motions could include requests for evidence or an order that the defendant must undergo a physical examination. After your trial, the jury will deliberate, or discuss your case and then decide on all the evidence they've heard. If you win, the jury will award money for your losses. If you lose the case, your opponent will have the opportunity to file an appeal. This could take a number of months or even years. It's best to think ahead and make steps to protect your rights immediately you learn that your lawsuit is moving toward trial. The entire trial process can be extremely demanding and expensive. It is important to keep in mind that you can avoid trial by having your case settled quickly and in a fair manner. A professional personal injury lawyer can assist you through the legal process and ensure that you receive the compensation you deserve for your losses as quickly as possible.