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How a Personal Injury Lawsuit Works If you're the victim of a car crash or slip and fall, or defective product, a personal injury lawsuit can help you receive the compensation you deserve. A personal injury lawsuit may be filed against any person who has violated a legal duty of care. The plaintiff is entitled to damages for any injuries sustained such as medical bills, loss of earnings, and pain and suffering. Statute of Limitations If someone else's carelessness or intentional act causes you harm, you have a legal right to file a personal injury lawsuit. This is called a “claim.” However the time you can file a lawsuit is restricted by the statute of limitations. Each state has its own statute of limitations, which sets an exact time frame for your ability to submit claims. It typically takes two years, however some states have shorter deadlines for certain types cases. Since it permits people to settle civil cases quickly, the statute of limitations is a crucial part of the legal process. It also helps to prevent claims from languishing for a long time which could be a major issue for those who have suffered injury. Generally speaking, the statute of limitations for personal injury claims is three years from the date of the incident or injury that triggered the suit. Although there are exceptions for this general rule , which can be confusing without the help of a knowledgeable lawyer, they are generally easy to comprehend. 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 has suffered an injury realizes that their injuries were resulted from or were caused by a negligent act. This is applicable to a variety of lawsuits, including medical malpractice, personal injury and wrongful death claims. In most cases, this means when you're injured by a negligent driver and file a suit longer than three years after the accident happened the case is likely to be dismissed. This is because the law requires you to take all responsibility for your health and well-being. Another important exception to the three-year personal injury statute of limitations applies if the victim is legally incompetent or incapacitated. This means that they are not capable of making legal decisions on their own on their own. This is a unique circumstance and it is essential to consult with an attorney right away to ensure that the deadline does not run out. In certain situations the statute of limitations can be extended by a judge or jury. This is particularly relevant in cases of medical malpractice in which it is difficult to prove that the medical professional was negligent. Complaint The filing of a complaint is the first step in any personal injury lawsuit. This document details your allegations and the responsibility of the party at fault and the amount you wish to claim in damages. Your Queens personal injury lawyer will prepare this document and submit it to the appropriate courthouse. The complaint is a collection of numbered statements that define the court's jurisdiction to hear your matter, identify the legal basis for the allegations, and then state the facts that are relevant to your case. This is a critical part of the case as it is the basis of your arguments and helps the jury to understand the case. In the initial paragraphs of a personal injury complaint the lawyer will begin with “jurisdictional allegations.” These allegations will tell the judge which jurisdiction you are seeking justice and usually include references to court rules or state statutes that permit you to pursue the matter. These allegations assist the judge to determine whether the court has authority to take your case to court. Your attorney will then go into a variety of facts that relate to the accident, including how and the time that you were injured. These details are crucial to your case as they provide the basis for your argument concerning the defendant's negligence and , consequently, the liability. Your personal injury lawyer may add additional counts depending on the type and extent of the claim. These could include the breach of contract, violation of the law on consumer protection and other claims you might have against the defendant. When the court has received the complaint, it will send a summons to the defendant letting them know you're suing them and that they have a specific amount of time to reply to the suit. Otherwise, the defendant may have their case dismissed. Your lawyer will then start an investigation process to gather evidence from the defendant. This could include depositions in where the defendant is challenged under the oath. The trial phase of your case will commence and a jury will decide on the final outcome of your claim. During the trial your personal lawyer for injury will provide evidence to the jury and they will make their final decision about the amount of damages you are entitled to. Discovery Discovery is an essential step in any personal injury lawsuit. It involves analyzing and gathering all evidence that is available, including witness statements police reports, medical bills and other pertinent information. It is essential that your lawyer obtain this information as soon as they can, so that they can build an impressive case on your behalf and defend your rights in court. During discovery where both sides are required to provide their answers in writing and under swearing. This helps to avoid surprises later in the trial. This can be a lengthy and challenging process, but it's crucial that your lawyer fully prepare you for trial. It also helps them build a stronger case and determine what evidence should be excluded or thrown out prior to appearing in the courtroom. The first step in the discovery process involves exchanging all relevant documents. This includes all relevant medical documents, reports, photos and other documentation relating to your injury. Attorneys from both sides are entitled to request specific information from the other side. This could include medical records and police reports, accident reports and lost wage reports. personal injury lawsuit st petersburg are vital to your case and can be used by your attorney to establish that the defendant was accountable for your injuries. These documents will also reveal the extent of your medical treatment as well as the length of time you were off work due to injuries. Your attorney can request that the opposing side admit certain facts during this phase. This will help them save time and money during trial. You may need to disclose an existing injury prior to the trial to your attorney in order that they can prepare properly. Another important aspect of the discovery process is taking depositions. These involve witnesses who testify under oath regarding the incident at hand and their part in the lawsuit. It's usually the most difficult aspect of discovery, since it can require a lot of time and effort from both parties. During discovery the insurance company representing the party at fault may offer to settle the claim for an amount that is fair. This is before the trial is scheduled. Although this is a common method to avoid wasting time and money during trial however, it's not a guarantee. Your attorney can give you their opinion on whether a settlement offer is reasonable, and will advise you on the best way to move forward. Trial After being injured in an accident an injury case, a personal injury trial is the most typical kind. This is the stage at which your case is heard by an arbitrator or judge to determine if the defendant (who caused your injuries) should be held legally accountable for the damages you suffered and, if it is, how much you deserve for those damages. Your attorney will present your case to the jury or judge during the trial. The jury will decide if the defendant is to be held accountable for your injuries or damages. The defense will argue their case and argue why they shouldn't be held accountable for the harm you've caused. The trial process usually begins with the lawyers for both sides making opening statements. The next step is to interview potential jurors to determine who will help decide your case. After the opening statements are given, the judge reads the jury an instruction about what they need to consider prior to making their decisions. During the trial the plaintiff will present evidence, like witnesses, that support the allegations made in their complaint. The defendant however, will present evidence in support of the claims. Before trial, each side of the case makes motions – formal motions to the court asking for specific actions they would like the judge to take. These motions may include requests for a specific piece of evidence or an order requiring the defendant to submit to a physical examination. After your trial the jury will consider, or discuss, your case and decide based on all the evidence they've received. If you prevail, the jury will award you a sum of money for your losses. If you lose, your opponent can appeal. This could take a number of months or even years. It's best to prepare ahead and take steps to safeguard your rights when you realize your case is heading towards trial. The entire trial process can be very stressful and costly. It is important to remember that you can avoid a trial by getting your case settled quickly and with fairness. A competent personal injury lawyer will assist you through the legal system and ensure that you receive the compensation you deserve for your injuries as quickly as is possible.