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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 crash or slip and fall. A personal injury lawsuit can be filed against any person who has breached a legal duty of care. The plaintiff is entitled to damages for any injuries they sustained such as medical bills, lost earnings, pain and suffering. Statute of Limitations If someone else's carelessness or intentional act causes harm to you legally, you have the right to file a personal injury lawsuit. This is referred to as a “claim.” However, the statute of limitations limits your time frame to bring a lawsuit. Each state has its own statute of limitations that imposes an exact deadline for your ability to submit an action. This usually takes two years, however some states have shorter deadlines for specific types of cases. The statute of limitations is a key element of the legal process as it allows people to resolve civil issues in a swift way. It also stops lawsuits from being intractable which could be a major source of frustration for victims of injuries. The time limit for personal injuries claims is usually three years from the date of the accident or injury that caused it. Although there are exceptions to this general rule that could be confusing without the assistance of an experienced lawyer, they are generally simple to grasp. The discovery rule is an exception to the statute of limitations. This means that the statute will not expire until the injured party realizes that their injuries were caused or contributed by a wrongdoing. This is applicable to a variety of lawsuits such as medical malpractice, personal injury and wrongful deaths. This means that when you file a lawsuit against a negligent motorist more than three years after the collision the case will most likely be dismissed. This is because the law expects you to take responsibility for your own health and well-being. Another reason to consider the three-year personal injury time limit is if the victim is legally incapable or incapacitated. This means that they are incapable of making legal decisions on their own behalf. This is a special situation, and it is vital to consult with an attorney as soon as possible to ensure that the deadline does not run out. In some situations, the statute of limitations can be extended by a jury or judge. This is particularly applicable in medical malpractice cases where it could be difficult to prove that the doctor was negligent. Complaint The filing of an action is the first step in any personal injury case. This document details your allegations as well as the liability of the at-fault party , and the amount you intend to recover in damages. Your Queens personal injury lawyer will draft the document and file it with the appropriate courthouse. The complaint is a set of numbered statements that define the court's ability to hear your case, define the legal theories behind the allegations, and outline the facts that are relevant to your case. This is an important aspect of your case since it serves as the foundation for your arguments, and helps the jury understand the facts. The lawyer will begin with “jurisdictional allegations” in the very first paragraph of a personal injury lawsuit. These allegations inform the judge the court where you are seeking justice, and typically include references to the state statutes or court rules that allow you to file a lawsuit. These allegations aid the judge determine if the court has authority to decide on your case. The attorney will then address a variety of facts relating to the incident, including the manner and the circumstances in which you were injured. These factual allegations are critical to your case because they are the basis for your argument that the defendant was negligent and thus legally liable. Your personal injury lawyer could add additional cases based on the nature and the extent of the claim. These could include breaching contract, violation or other claims you may have against the defendant. Once the court receives the complaint, it'll send a summons to the defendant, letting the defendant know that you're suing and that they have a specific amount of time to reply to the suit. Otherwise, the defendant may be denied their case. Your lawyer will then initiate the process of discovery to get evidence from the defendant. It could involve depositions during where the defendant is challenged under oath. Your case will now enter the trial phase, during which a jury will decide your recovery. During the trial your personal lawyer will present evidence to the jury and they'll take the final decision regarding the amount of damages you are entitled to. Discovery Discovery is a crucial element in any personal injury lawsuit. This involves gathering and analyzing all evidence such as witness statements, medical bills, police reports and other relevant information. Your lawyer must have these documents as soon as you can to build a strong case for you and defend your rights in court. Both parties must answer questions in writing and under the oath. This helps prevent surprises later in the trial. While it can be a long and difficult process however, it is crucial that your lawyer prepares you for trial. This also helps them construct a stronger defense and determine which evidence can be excluded or thrown out before going into the courtroom. The first step in the discovery process involves exchanging all relevant documents. This includes all medical documents, reports and photos related to your injuries. The next step is that attorneys from both sides are able 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 they can aid your attorney in proving that the defendant was responsible for your injuries. These documents also can show the extent of your medical treatment as well as how long you missed work due to the injuries. In this phase during this phase, your lawyer may request that the other side admit certain facts. This will make them more efficient and save money during trial. For example, if you are suffering from an injury prior to the time of trial it is possible to reveal this fact prior to the trial so that your attorney can properly prepare. Another crucial part of the discovery process is taking depositions, which require people testifying under oath about the incident and their role in the lawsuit. This is typically the most difficult part of discovery because it can take a lot of effort and time from both sides. During discovery, an insurance company representing the at-fault party could offer to settle the claim in a fair amount. This is prior to when a trial is scheduled. This is a standard practice to avoid the expense of time and money in trial but it's not a guarantee. Your lawyer can provide their opinion on whether a settlement offer is reasonable, and can provide advice on the best way to move forward. Trial A personal injury trial is the most commonly-used kind of legal action you can pursue following an injury in an accident. It is the process in which your case is argued before the jury or a judge to determine if the defendant (who caused your injuries) should be held legally accountable for your damages and, if so the amount you are entitled to for those damages. Your lawyer will present your case to the jury/judges during a trial. The jury will decide if the defendant is to be held responsible for your injuries or damages. The defense will argue their case and argue that they shouldn't be held responsible for any harm that you may have suffered. The process of trial usually begins with each attorney delivering opening statements and then interviewing potential jurors to determine who is able to help decide your case. After the opening statements are given, the judge will give instructions to the jury about the procedure they must follow prior to making their decision. The plaintiff will present evidence during the trial with witnesses that supports their assertions. The defendant, on the other hand will present evidence to refute the claims. Before trial each side of the case makes motions – formal requests to the court to request specific actions they wish the judge to take. These motions can include requests for a specific piece of evidence or an order that requires the defendant to undergo a physical examination. After personal injury law firm norman , the jury will consider, or discuss your case, and decide on the evidence they've heard. If you win the trial, the jury will award you money for your damages. If you lose, your opponent may appeal. This can take months or even years. It's important to plan ahead and take action to safeguard your rights when you realize your lawsuit is moving toward trial. The entire procedure of a trial can be very stressful and expensive. It is important to keep in mind that you can avoid trial by making your case settle quickly and fairly. A skilled personal injury lawyer will assist you through the legal system and ensure that you receive compensation for your injuries as quickly as possible.