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 get the money you deserve.
Any person who has violated the law may be sued for personal injury.
The plaintiff will seek compensation for injuries they have sustained such as medical bills, lost income, and suffering and pain.
Statute of Limitations
If someone else's negligence or intentional act causes injury to you, you have a legal right to file a personal injury lawsuit. This is referred to as a "claim." However the time frame for filing a lawsuit is restricted by the statute of limitations.
Each state has its own statute of limitations. This restricts your ability to make an action. The typical timeframe is two years, however some states have shorter deadlines for certain types of cases.
The statute of limitations is an essential element of the legal process because it permits people to get over civil matters in a timely way. It can prevent claims from being delayed for too long, which can cause frustration for those who were injured.
Generally speaking, the statute limitations for personal injury claims is three years from the date of the injury or accident that led to the lawsuit. There are several exceptions to this general rule however, they are difficult to understand without the help of an experienced lawyer.
The discovery rule is an exception to the statute of limitations. It states that the statute of limitations will not begin to run until the person who is injured realizes that their injuries were caused or contributed through a negligent act. This is applicable to a variety of lawsuits such as medical malpractice, personal injury and wrongful death claims.
In the majority of instances, this means when you're injured by a negligent driver and file a suit more than three years after the accident, it will likely be dismissed. This is because the law requires you to be accountable for your own health and well-being.
The three-year personal injury statute does not apply to victims who are legally incapacitated or legally incompetent. This means they cannot make legal decisions on their own. This is a unique situation therefore it is best to discuss your personal injury case with an attorney as soon as possible to make sure that the time limit is not surpassed.
In certain situations the statute of limitation can be extended by a judge or jury. This is especially relevant in cases involving medical malpractice in which it is difficult to prove that the medical professional was negligent.
Complaint
The filing of a complaint is the initial step in any personal injury case. This document details your allegations and the responsibility of the party at fault and the amount you plan to recover in damages. The document will be prepared by your Queens personal injury lawyer and filed with the appropriate courthouse.
The complaint consists of numbered declarations that define the court's authority to decide on your case, identify the legal foundations behind your allegations, and state the facts relevant to your lawsuit. This is an essential part of the case since it serves as the basis for your arguments and assists the jury understand your case.
Your lawyer will begin with "jurisdictional allegations" in the very first paragraph of a personal injury lawsuit. These allegations will inform the judge the court where you are seeking to sue, and usually contain references to state statutes or court rules that allow you to pursue this. These allegations can assist the judge in deciding whether the court has the power to hear your case.
Your attorney will then dive through a series of facts that relate to the accident, including the extent and the time that you were injured. These facts are crucial to your case because they provide the basis for your argument regarding the defendant's negligence and therefore the liability.
Based on the nature of claim depending on the type of claim, your personal injury lawyer could include additional counts to the complaint. This could include breaching a contract, violations or other claims you might have against the defendant.
When the court has received the complaint, it will issue a summons to the defendant that lets the defendant know that you're suing and that they're given a certain period of time to respond to the suit. The defendant must respond to the suit within the specified time or they'll be at risk of losing their case.
Your lawyer will then initiate a discovery process to obtain 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 commence and a jury will decide on the final outcome of your claim. Your personal injury lawyer will present evidence during the trial and the jury will then make their final decision on your damages.
Discovery
Discovery is an essential process in any personal injury case. It involves analyzing and gathering all evidence that can be found, including witness statements police reports, medical bills and other pertinent information. Your lawyer should have all this information as soon as possible to present a strong argument for you and protect your rights in court.
During discovery where both sides are required to give their answers in writing, and under swearing. This helps to keep surprises from occurring later in the trial.
While it can be an extremely long and complex process it is vital that your lawyer prepares you for trial. It also allows them to create a stronger argument and decide which evidence can be rejected or dismissed prior to going to court.
The first step in the discovery process involves exchanging all relevant documents. This includes all relevant medical documents, reports, photos and other documents related to your injury.
Attorneys from both sides may request specific information from each other. This includes medical records, police reports and accident reports.
These documents are essential to your case, and can aid your attorney in proving that the defendant was accountable for your injuries. They will also be able to show your medical treatment as well as the amount of time that you were absent from work because of the injuries.
During this phase the attorney may also ask the opposing side to accept certain facts, which can help them save time and money during the trial. For example, if you suffer from an injury that you did not have before and you are unable to disclose this in advance so that your attorney can properly prepare.
Depositions are another crucial aspect of the discovery process. They require witnesses to give evidence under oath concerning the incident and their role in the lawsuit. This is often the most difficult aspect of discovery, as it can take a lot of time and effort from both parties.
During discovery, an insurance company representing the party at fault could offer to settle the claim for an amount that is fair. This is prior to when the trial is scheduled. While this is a common option to avoid spending money and time during trial however, it's by no means a guarantee. Your attorney can give you their opinion on whether a settlement offer is fair, and can advise you of the best approach to move forward.
Trial
After being injured in an accident the personal injury trial is the most typical type. This is when your case is heard by jurors or judges. The judge will decide whether the defendant (the one who caused your injuries) is legally responsible for your damages and should they be held accountable, if so, for the amount.
Your lawyer will argue your case before the judge/jury during the course of a trial. The jury will decide if the defendant should be held responsible for your injuries or damages. The defense will argue their case and argue why they shouldn't be held responsible for the harm you've suffered.
The trial process usually begins with the attorneys for each side making opening statements. Next, they interview potential jurors to decide who will assist in deciding your case. After the opening statements have been delivered, the judge gives instructions to the jury regarding the procedure they must follow prior to making their decision.
During the trial the plaintiff will provide evidence, including witnesses, that supports the claims they made in their complaint. The defendant will present evidence to discredit those claims.
Each side files motions before trial. These are formal requests to the court to request specific actions. These motions may include requests for evidence or an order that the defendant undergo a physical exam.
After your trial, the jury will deliberate, or debate the case and make their decision based on all the evidence they've received. If you win the trial, the jury will award you money to compensate you for your losses.
If you lose, your opponent could appeal. This could take months, or even years. It's a good idea to plan ahead and take steps to protect your rights when you realize the case is headed towards trial.
The entire process of trial can be extremely demanding and expensive. personal injury attorney tallahassee to keep in mind that the best way to avoid a trial is to resolve your case quickly and in a fair manner. A professional personal injury lawyer can help you navigate the process and make sure that you are compensated for your injuries as soon as you can.